We successfully defended Huntsman International LLC in a products liability lawsuit brought by Ohio-based specialty concrete company D.S. Brown. The case was initially filed in a Massachusetts federal court, where D.S. Brown alleged that Huntsman’s chemical products caused widespread expansion joint failures on a major bridge construction project in Springfield. We filed a motion to dismiss the case on jurisdictional grounds and prevailed. Through creative procedural maneuvers, we compelled D.S. Brown to litigate in Texas state court, far from its chosen forum. Our discovery strategy revealed that Huntsman’s products were not responsible for the failures. Prior to the motion to dismiss being granted, we filed a declaratory judgment action in Texas, seeking a declaration of non-liability and attorney’s fees under the Texas Declaratory Judgment Act. Utilizing Texas’s efficient and expansive discovery process, we developed evidence showing that Huntsman’s products performed as intended and that other factors were to blame for the expansion joint failures. We deposed D.S. Brown’s witnesses and secured key admissions that supported our defense. The case settled on the eve of trial under extremely favorable terms for Huntsman.
Huntsman International LLC v. D.S. Brown Company; Cause Number 19-11-14861; In the County Court at Law Number 2, Montgomery County, Texas
