Anthony focuses on environmental and toxic tort litigation. His litigation experience has been broad, ranging from the defense of Fortune 500 corporations in nuisance actions to challenging federal regulatory actions in court. Anthony’s work involves many facets of litigation, including:
- discovery management;
- corporate witness preparation;
- expert witness development in various fields;
- pre-trial motions and preparation;
- dispositive motion preparation;
- appellate practice;
- dispute resolution proceedings; and
- trial practice, including examination of witnesses.
Anthony is also committed to pro bono work. He is currently a guardian ad litem and works with Rule 13-certified students at the University of Missouri-Kansas City School of Law to represent children involved in protection order hearings. Anthony also currently represents clients in guardianship and adoption proceedings. In addition, Anthony has represented parents who have had their parental rights limited by the Children’s Division of Missouri Social Services. He regularly attends court hearings, negotiates with the Children’s Division, and advises the court to achieve the maximum amount of visitation and eventual unification of the parent and child. Anthony also enjoys helping his community by providing legal counsel to those who lack access. For example, he assisted in the creation and implementation of a free legal seminar for artists and entrepreneurs who would ordinarily not be able to afford vital legal services.
Toxic Tort Exposure
Anthony has regularly litigated toxic tort exposure cases involving constituents such as metalworking fluids, formaldehyde, woodworking constituents, asbestos, benzene and sulfur. Currently, Anthony is litigating a case involving alleged exposure to radiation. He has been involved in every aspect of the litigation, including developing expert testimony regarding medical causation, source term, air modeling and dose reconstruction. Anthony is also actively litigating several cases throughout the U.S. involving alleged contamination and exposure to PFOA and PFAS.
Through this practice, Anthony has gained knowledge in OSHA regulations as well as NIOSH and ACGIH exposure limits and history. Further, Anthony has developed expert and company witness testimony regarding the sufficiency of the MSDS or SDSs for products supplied or manufactured by clients. For example, Anthony has been part of a trial team that successfully defended a $36.5 million wrongful death and premises liability suit on behalf of a utility company whose power plants had asbestos-insulated pipes dating back to the 1950s. He prepared direct and cross-examination outlines, opening and closing statement outlines, prepared the defense’s sole expert witness and one of two corporate witnesses for trial. Anthony also worked on a mass toxic tort action by hundreds of employees of a closed muffler plant involving alleged occupational exposure to formaldehyde. He was involved in all facets of the litigation, including preparing experts and corporate representatives regarding the chemistry of the product, potential exposure in the plant, and compliance with OSHA’s Hazard Communication Standard.
Anthony regularly works on mass nuisance cases involving many plaintiffs. For example, he recently represented a Fortune 500 company in a nuisance matter involving two poultry farms in which more than 50 residents of a small town alleged that odor from poultry farms was a nuisance and trespass. The cases were severed into bellwether trials. After numerous depositions, motion practice and expert discovery, the plaintiffs’ sole damages expert was excluded and the case was resolved under very favorable terms for the client.
In addition to odor nuisance cases, Anthony has worked on nuisance actions based on waste from a juice plant’s operation that allegedly contaminated nearby groundwater and damaged their property; nuisance actions based on wastes and operations from energy operations; and nuisance actions involving alleged exposure to sewage contaminants. For example, Anthony prepared expert witnesses, deposed plaintiffs and drafted motions for summary judgments, Daubert motions and motions in limine that led to the successful resolution of a case involving alleged natural resource damages, subsidence and nuisance claims against a mining company for past mining activities.
In addition to Anthony’s expertise in the occupational exposure field, he has also counseled clients regarding OSHA inspections and fines. Anthony has counseled clients regarding proper environmental, health and safety programs and helped clients obtain successful resolutions after OSHA fines.
Anthony is regularly involved in defending CERCLA Superfund actions on behalf of a Fortune 500 energy company. Currently, he is defending actions at the Newtown and Gowanus Superfund sites and a cleanup site in Topeka, Kansas. He is also part of the allocation team for the Lower Duwamish Waterway Superfund Site.
Anthony also has experience practicing in general tort litigation. Through this practice, Anthony has defended companies on various claims in at least a dozen states including slip and falls, workplace injuries, professional malpractice, automobile accidents and complex product liability. Anthony’s environmental and toxic tort experience often leads to the defense of products such as pipes, valves and filters.
Anthony Martinez, Plausibility Among the Circuits: An Empirical Survey of Bell Atlantic Corp. v. Twombly, 61 Ark. L. Rev. 4 (2009).