Charles H.Moellenberg Jr. (Chuck)

Of Counsel

(T) + 1.412.394.7917

Chuck Moellenberg has extensive experience in the nationwide coordination of major product liability cases and in commercial and business litigation. Chuck's product liability experience encompasses products ranging from paints and chemicals to toys, trains, recreational vehicles, automobile air bags and restraint systems, consumer electrical appliances, and wine. 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. 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 First Amendment protections for corporate speech and re-analyzing raw data to attack epidemiology studies.

Experience

  • Sherwin-Williams defends against suit alleging injuries to children from ingestion of lead paintJones Day represented The Sherwin-Williams Company and other former manufacturers of white lead carbonate pigments in action involving over 160 plaintiffs in two different cases.
  • Sherwin-Williams prevails in landmark public nuisance suit over lead pigment before Rhode Island Supreme CourtThe Rhode Island Supreme Court overturned a jury verdict against Jones Day client, The Sherwin-Williams Company, and other former lead pigment manufacturers, stating that the trial court should have dismissed the public nuisance claim at the outset.
  • Sherwin-Williams wins preliminary injunction decision in first case invalidating contingency fee agreement on due process groundsThe Court of Common Pleas (Lucas County, Ohio) dismissed the City of Toledo's lawsuit against a group of former manufacturers of lead pigment and lead paint, including Jones Day client, The Sherwin Williams Company.
  • Sherwin-Williams obtains dismissal of action alleging injuries from lead-based paintJones Day obtained a voluntary dismissal for The Sherwin-Williams Company of claims brought on behalf of a family who alleged injury from ingestion of lead-based paint.
  • Sherwin-Williams summary judgment win in St. Louis lead paint case is affirmed by Missouri Supreme CourtJones Day represented The Sherwin-Williams Company in connection with a lawsuit brought by the city of St. Louis against the lead paint industry for injunctive relief and damages associated with past and future abatement of lead paint.
  • Sherwin-Williams prevails in public nuisance claim by NJ cities and counties seeking lead paint abatement and health care costsJones Day represented The Sherwin-Williams Company, a former manufacturer of lead pigment and lead paint, against public nuisance claims brought by 26 cities and counties seeking lead paint abatement and health care costs.
  • Sherwin-Williams wins dismissal of City of Chicago public nuisance complaintJones Day represented The Sherwin-Williams Company in connection with a lawsuit brought by the city of Chicago against the lead paint industry for injunctive relief and damages associated with past and future abatement of lead paint.
  • Sherwin-Williams defends against Milwaukee public nuisance actionJones Day represented The Sherwin-Williams Company in a public nuisance action brought by the city of Milwaukee.
  • California wineries successfully defend lawsuits alleging trace amounts of arsenic in wine are hazardousJones Day defended three wineries in putative state and national class action lawsuits filed in California, Florida, Louisiana, and Puerto Rico alleging that the trace amounts of arsenic in some California wines is excessive and potentially hazardous. On May 9, 2018, the Second Appellate District of the California Court of Appeal unanimously affirmed the dismissal of claims brought against several winery clients.
  • Doncasters wins post-trial motions vacating multi-million dollar punitive damages award in aviation accident caseJones Day was retained by Doncasters Inc. after trial to develop post-trial motions following an adverse jury verdict in Franklin County, Missouri.
  • Elliott brings declaratory action against Carrier involving liabilities of personal injury asbestos claims before 1981Jones Day client Elliott Company, Inc. ("Elliott") has sued Carrier Corporation ("Carrier"), seeking a declaratory judgment that Carrier did not transfer by contract to Elliott in a 1981 corporate reorganization the liabilities for thousands of personal injury asbestos claims arising from products made by Carrier and the predecessor Elliott Company before 1981.
  • Elliott Company defends against suit brought by insurerJones Day is defending Elliott Company, Inc. in a lawsuit brought by the insurer asserting that it has no obligation to pay retroactive premiums arising from products made by another company before a corporation reorganization transferred certain assets to Elliott.
  • GE Capital obtains summary judgment in lawsuit for defamation and intentional and negligent interference with business relationsJones Day represented General Electric Capital Corporation ("GE Capital") in summary judgment proceedings in connection with a lawsuit brought by Professional Recovery Services ("PRS").
  • Mattel settles voluntary toy recall litigationJones Day represented Mattel, Inc. ("Mattel") in connection with a number of U.S. federal and state and foreign lawsuits and regulatory actions arising out of voluntary recalls of certain Mattel and Fisher-Price toys.
  • Xcel Energy and other energy utilities obtain unanimous Supreme Court ruling blocking attempts by states and private land trusts to battle climate change through federal common law public nuisance lawsuitJones Day represented Xcel Energy, Inc. in connection with a global warming lawsuit brought by the Attorneys General of eight states and the city of New York and two private citizen groups against American Electric Power Co., Inc., Cinergy Corp., Southern Co., Xcel Energy Inc., and the Tennessee Valley Authority.
  • The Product Liability Advisory Council prepares amicus brief regarding scope of arranger liability under CERCLAOn behalf of The Product Liability Advisory Council Inc., Jones Day drafted an amicus brief to the U.S. Supreme Court regarding the scope of arranger liability under CERCLA at both petition and merit stages.
  • PLAC files amicus brief addressing whether Federal Motor Vehicle Standard 208 preempted state common law product liability claimOn behalf of the Product Liability Advisory Council (PLAC), Jones Day prepared and submitted an amicus brief to the United States Supreme Court to address whether Federal Motor Vehicle Standard 208 preempted state common law product liability claim.
  • PLAC files amicus brief in violation of state consumer protection action arguing that the criteria for collateral estoppel was not met due to no agency adjudicationJones Day prepared and filed an amicus brief to the West Virginia Supreme Court on behalf of the Product Liability Advisory Council (PLAC) in an action alleging a violation of the state consumer protection statute.
  • Fourth Circuit sets standards for review of settlements and fee awardsThe United States Court of Appeals for the Fourth Circuit requested that Jones Day serve as amicus to the Court and address the authority of the federal district court to examine and alter contingency fee arrangements when approving the settlement of claims of incompetent persons.
  • U.S. Chamber of Commerce files amicus brief arguing that the plaintiff cannot constitutionally retain outside counsel on a contingency fee basis to recover public fundsJones Day submitted an amicus brief to the Pennsylvania Supreme Court on behalf of the Chamber of Commerce of the United States of America to contend that it is a violation of the constitutional right to due process and sound judicial policy for the Commonwealth of Pennsylvania to retain outside counsel on a contingency fee basis to sue product manufacturers in order to recover public funds spent to cover the cost of off-label use of prescription drugs.
  • Speaking Engagements

    • December 19, 2017
      Jones Day's 2017 Speaker Series: New Technology, Cutting-Edge Law and Policy
    • March 19, 2014
      Products Liability, PBI 27th Annual Civil Litigation Update
    • March 13, 2013
      Products Liability, PBI 26th Civil Litigation Update
    • March 2, 2013
      Trends in Public Nuisance Litigation, Conference on Environmental Economics, Law & Litigation
    • July 25, 2012
      PBI Pennsylvania Products Liability Update
    • December 15, 2011
      2011 Speaker Series
      Constitutional Limitations to Economic Regulation and Litigation
    • August 11, 2011
      2011 Speaker Series
      The WikiLeaks Phenomenon: Protecting the Confidential Information of Your Company and Its Clients
    • July 13-14, 2011
      Managing Nanophobia, The 7th Annual Midwest Product Safety & Liability Conference
    • May 11, 2011
      May 20, 2011
      Pennsylvania Bar Institute presents: The Preparation and Trial of the Products Liability Case
    • May 5, 2011
      Re: Profits, Politics & Preemption: The Williamson v. Mazda Motor Decision
    • March 1, 2011
      Nanomaterials: Seizing Opportunities, Managing Risks
    • November 11, 2010
      PBI Fundamentals of Products Liability Law
    • November 12, 2009
      Litigation Potpourri
    • October 19, 2009
      FMVSS 205 Preemption: PLAC Helps Ford Prevail, PLAC seminar
    • May 2009
      Managing Nanophobia, presented as Webcast for American Conference Institute,
    • October 2008
      This Dog Isn't Barking, PLAC seminar
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