Appellate Cases
Mr. Metzger has successfully litigated several cases in California state courts and federal courts within California:
Arnold v. The Dow Chemical Company (2001) 91 Cal. App.4th 698, 110 Cal.Rptr.2d 722
[holding that the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) does not preempt state law claims for design defect, strict liability, breach of implied warranties]
Ascon Properties, Inc. v. Mobil Oil Corp. (9th Cir. 1989) 866 F.2d 1149
[establishing pleading requirements for CERCLA actions]
Bockrath v. Aldrich Chemical Co. (1999) 21 Cal. 4th 71, 86 Cal.Rptr.2d 846, 980 P.2d 398
[establishing pleading requirements for occupational cancer cases]
Bourassa v. Desrochers (9th Cir. 1991) 938 F.2d 1056
[establishing liberal jurisdiction and venue in securities fraud cases]
Cantrell v. Great Republic Insurance Co. (9th Cir. 1989) 873 F.2d 1249
[whether ERISA preemption is a waivable defense]
Laico v. Atlantic Richfield Company, (6th Dist. 2001) No. H 021130 (not published)
[holding that a petroleum refiner is not relieved of duty to warn workers of the toxic hazards of its chemical products simply because the worker’s employer is sophisticated and knowledgeable about the hazards]
Matek v. Murat, 638 F.Supp. 775 (C.D. Cal. 1986), aff’d, 862 F.2d 720 (9th Cir. 1988)
[whether a limited partnership agreement is a security under the federal securities acts]
Toxic Injuries Corp. v. Safety-Kleen Corp. (C.D. Cal. 1999) 57 F.Supp.2d 947
[holding that private attorney general cases alleging violations of Proposition 65 and California’s Unfair Business Practices Act are not removable to federal court]