Current Employment Position(s)

Partner

Lawyer Overview

Chuck Moellenberg has extensive experience in the nationwide coordination of major product liability cases, commercial and insurance coverage disputes, and a variety of general business litigation. Chuck's product liability experience encompasses products ranging from paints and chemicals, toys, trains, automobile air bags and restraint systems, and consumer electrical appliances. He appears in state and federal courts throughout the U.S. and coordinates the defense for clients with other co-defendants in joint defense groups.

From years of coordinating nationwide litigation Chuck has considerable knowledge in complex, emerging legal issues. These include market share and other collective liability theories, concert of action and conspiracy laws, public and private nuisance, medical monitoring, continuing duty to warn, class actions, preemption, and liability for trade association activities. He works extensively with legal scholars and a wide range of experts such as pediatricians, child psychologists, epidemiologists, statisticians, toxicologists, industrial hygienists, warnings, historians, and economists. In highly visible product liability litigation, he works with crisis management firms to speak with the media and formulate media strategy.

Chuck is a member of the Product Liability Advisory Council and the Allegheny County Bar Association. He is coauthor of the "Multi-District Litigation" chapter of Business and Commercial Litigation in Federal Courts (West Pub., 1998). He has written and spoken on defending claims alleging failure to warn, public nuisance, obesity, and state attorney general litigation and has written on re-analyzing raw data to attack epidemiology studies. Chuck is an adjunct professor at the University of Pittsburgh Law School teaching a course on advanced trial evidence.

Areas of Practice

• Product Liability & Tort Litigation
• Class Action and Multidistrict Product Liability Litigation
• Coordination of Product Liability Litigation
• Toxic Tort Exposure Litigation (Chemical, Environmental, and Occupational)
• Consumer Products & Retail
• Product Response Team
• Issues & Appeals
• Trial Practice

Representative Cases

• Bell v. Illinois Central Railroad Co., 236 F. Supp. 2d 882 (N.D. Ill. 2001)
• City of Philadelphia v. Lead Industries Association, Inc., 994 F.2d 112 (3d. Cir. 1993)
• City of St. Louis v. Benjamin Moore & Company, 226 S.W. 3d 110 (Mo. 2007)
• Koppers Co., et al. v. Aetna Cas. & Sur. Co., et al., 2:85-cv-2136 (W.D. Pa.), 98 F.3d 1440 (3d Cir.)
• Koppers Co., et al. v. Aetna Cas. & Sur. Co., et al., 40 F.3d 1240 (3d Cir. 1994)
• New Jersey Lawsuits, In Re: Lead Paint Litigation, 924 A.2d 484 (N.J. June 15, 2007)
• Santiago v. Sherwin-Williams Company, 782 F. Supp. 186 and 794 F. Supp. 29 (D. Mass. 1992), affd, 3 F.3d 546 (1st Cir. 1993)
• Skipworth v. Lead Industries Association, Inc., 690 A.2d 169 (Pa. 1997)
• State of Connecticut, et al., v. American Electric Power, et al. and Open Space Institute, Inc., et al. v. American Electric Power Company, Inc., et al. (S.D. N.Y. 2005)
• State of Rhode Island v. Lead Industries Association, Inc., et al.
• The City of Chicago v. American Cyanamid Co., 2005 WL 816209, 355 Ill. App. 3d 209, 823 N.E. 2d 126 (2005)
• The Sherwin-Williams Co. v. City of Columbus, 2007 WL 2079774 (S.D. Ohio) , (2008)
• The Sherwin-Williams Company v. Holmes County, 343 F.3d 383 (5th Cir. 2003)
• Lead Paint Litigation
• Toy recalls

West Practice Categories

Alcoholic Beverages, Apparel, Asbestos, Asbestos, Bankruptcy Litigation, Chemicals & Cosmetics, Chemicals & Cosmetics, Class Actions, Class Actions, Complex Litigation, Environmental Law, Federal Appellate Practice, Federal Claims Court, Federal Trial Practice, Firearms, Food & Agricultural Products, Hazardous Waste, Hazardous Waste, International Trade Litigation, Litigation & Appeals, Machinery & Tools, Medical Products & Devices, Medical Products & Devices, Military & Veterans Appeals, Motor Vehicle Defects, Multidistrict Litigation, Patent Litigation, Pesticides, Pharmaceutical Products, Pharmaceutical Products, Products Liability Law, Radiation & Electromagnetic Energy, Recreational Products, Solid Waste, State Appellate Practice, State Trial Practice, Tax Litigation, Tobacco, Tobacco, Toxic Torts, US Court of Appeals for the Federal Circuit, US Supreme Court, Water Pollution

Bar Admissions

• Ohio
• Pennsylvania

Education

• Columbia University - New York

Published Works

• A Practical Guide to Reduce Product Liability Risk for Nanotechnology, coauthor, BNA, INC. Toxics Law Reporter, Vol. 24, No. 10, 2009
• Let Data Speak Equally to All: The Production, Protection and Use of Raw Data in Litigation, Amercian Bar Association Expert Alert, Vol. 4, No. 3, 2008
• Let Data Speak Equally to All: The Increasing Importance of Raw Data in Litigation and a Proposal for Principles Governing the Production, Protection, and Use of Raw Data In the Litigation Context, Mass Torts, Vol. 6, No. 2, 2008
• No Gap Left: Getting Public Nuisance Out Of Environmental Regulation and Public Policy, BNA, Inc., 2007
• Public Nuisance: Opening a Pandora's Box of Product Liability Claims, Practice Perspectives: Product Liability & Tort Litigation, 2007
• Attacks on Food Industry Escalate: An Update, also published in The Metropolitan Corporate Counsel, April 2006, 2006
• Heavyweight Litigation: Will Public Nuisance Theories Tackle the Food Industry?, 2004

Address

500 Grant Street, Suite 4500
Pittsburgh, PA 15219-2514

Phones

1.412.394.7917 (Business Phone)

Faxes

1.412.394.7959 (Business Fax)

Emails

Contact Us (Business Email)

Websites

http://www.jonesday.com