Gennaro August Filice

Gus Filice

is an experienced trial and appellate lawyer having tried many cases to jury verdict in both state and federal courts. He has argued appeals in various appellate jurisdictions, including the United States Supreme Court. Mr. Filice regularly represents companies involved in the chemical and petro-chemical industries in a variety of litigated matters covering environmental, toxic tort, personal injury and commercial concerns. A number of these cases have been brought as class actions and many have been brought by foreign claimants. He has represented clients such as The Dow Chemical Company, Dow AgroSciences, Chevron Corporation, and Union Oil Company of California and claims involving agricultural chemicals (Paraquat®, chlorpyrifos), soil fumigants (DBCP, EDB, Telone®), and chlorinated solvents (PCE, TCE, TCA). He has defended many cases involving claims of groundwater contamination, air pollution from industrial facilities, and the responsibility for and cost of cleanup of contaminated sites.

Mr. Filice is the national counsel for chemical product line of a large multi-national chemical company and in that capacity has been involved in litigation throughout the United States.

Prior to joining King & Spalding, Mr. Filice was a founding partner of Filice Brown Eassa & McLeod.

Representative Recent Trials

Over a period of nearly 40 years Mr. Filice has tried many cases to verdict in State and Federal courts, including the following recent matters:

Saldana v. Shell et. al.: Personal injury and wrongful death action brought by plaintiffs claiming a cluster of illnesses among persons consuming groundwater contaminated by agricultural chemical facility. Defense verdict obtained for client.

City of Modesto v. Dow Chemical et. al.: Action brought by municipal water purveyor resulting in a 5-phase trial process including two jury trials and three bench trials over a number of years. Beneficial outcomes obtained for client.

Tellez v. Dole et. al.: Action brought by foreign agricultural workers claiming injury from exposure to pesticides at Nicaraguan banana plantations. Small compensatory verdict against client overturned by trial court. No punitive damages awarded against client.

Yoshida v. Simplot: Represented plaintiff in action against agricultural supplier for damage to crops from improperly-recommended agricultural chemicals. Plaintiff verdict obtained for client.

Weather Tec v. Ashland: Represented manufacturer of plastic resin in federal court action claiming failure of a product line due to resin defects. Defense verdict obtained for client.

Representative Appeals

Over a period of nearly 40 years Mr. Filice has been involved in many important appellate cases, of which the following are examples:

Dow Chemical Canada v. Superior Court, 202 Cal App. 4th 170 (2011): Test for jurisdiction over foreign entities.

City of Modesto v. Superior Court (Dow Chemical), 119 Cal. App. 4th 28 (2004): Test for nuisance liability as to chemical manufacturers.

Britz, Inc. v. Dow Chemical Co, 73 Cal. App. 4th 177 (1999): Good faith settlements and indemnity.

Wedeck v. Unocal Corp., 59 Cal. App. 4th 848 (1997): Special employee status.

F.D.I.C. v. Meyer, 510 U.S. 471 (1994): Jurisdiction over sue-and-be-sued agencies.

Miranda v. Shell Oil Co., 17 Cal. App. 4th 1651 (1993) : Test for medical monitoring damages.

San Diego Navy Federal Credit Union v. Cumis Insurance Society, Inc., 162 Cal. App. 3rd 358 (1985): Obligations of insurer following reservation of rights.

Awards / Recognition

Northern California "Super Lawyer" – 2004-2013

The Best Lawyers in America – 2011-2013

Good to know

Areas of Practice 1) Energy & Natural Resources , 2) Energy Environmental Health & Safety , 3) Crisis Management , 4) Crisis Management: Energy , 5) Crisis Management: Food , 6) Environmental Counseling , 7) Mass Tort , 8) Toxic Tort Litigation and 9) Product Liability Litigation
Law School J.D., University of California Hastings College of Law
Education A.B., University of California-Berkeley
Bar Member / Association State bar of California
Most recent firm King & Spalding LLP
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