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Practices

Water Treatment and Legionella

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Baker Donelson's Water Treatment and Legionella Team advises on all phases of transactions and disputes relating to water handling systems and water borne pathogens throughout the United States and in various international venues.

Featured Experience


Successfully defended the first reported Legionella wrongful death case against a chemical water treater and the first known Legionella lawsuit in the state of Mississippi. This multi-fatality action involved alleged damages exceeding $20 million. The case was defended at the federal trial court level resulting in complete dismissal and then again successfully defended in the United States Fifth Circuit Court of Appeals.

Represented one of 15 different defendants involved in the design, construction and commissioning of luxury high-rise condenser water system that catastrophically failed from insidious corrosion, under-deposit corrosion, scale and microbiological fouling. The client was the target defendant in a claim exceeding $8 million. The case against the client was disproven and completely dismissed through defenses involving metallurgy, engineering and chemical science. The client was awarded recovery of all attorney's fees incurred.

Defended $3.8 million personal injury negligence and toxic tort claims arising from water chemistry induced exposures involving claims of Spasmodic Dysphonia, Spasmodic Dysphagia and Thrombocitic Thrombocytopenic Purpura. The defense resulted in complete dismissal in the trial court based on defenses developed through toxicology, chemistry and epidemiologic evidence.

Practice Overview


Baker Donelson's Water Treatment and Legionella Team advises on a wide range of matters relating to water borne pathogens, water handling systems and water treatment throughout the United States and in international venues. Our team has provided representation in all phases of these topics from contract negotiation, preparation, specification review and bidding, insurance coverage and claims, dispute avoidance and resolution.

Our clients include virtually every type of participant involved with water handling systems including owners and owners' associations, design professionals, engineers, developers, suppliers, manufacturers, contractors, subcontractors, insurers, property managers and water treaters.

Our team includes attorneys with degrees in chemical engineering and more than 100 years of combined experience in construction, toxic torts and premises liability. Over the years, our attorneys have developed a unique understanding of issues involving water technology and water treatment. The Firm is a member and regular participant in industry groups including the Cooling Technology Institute and the Association of Water Technologies, where our chairman serves on technical committees, has authored and peer reviewed technical publications and is a regular speaker.

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