San Francisco, CA— On Friday, April 14, 2017, a federal court jury in Santa Ana, California, handed down a special verdict in favor of Keller and Heckman’s client, Townsend Farms, Inc., awarding them compensatory and punitive damages totaling 7.5 million dollars against Goknur Foodstuffs Import Export Company, a Turkish supplier of frozen pomegranate seeds (knowns as “arils”). The jury determined that the arils Goknur supplied to Townsend Farms was the source of a 2013 Hepatitis A virus outbreak associated with Townsend Farms’ frozen five berry blend distributed in Costco stores in the western U.S.

The U.S. Food and Drug Administration had used preliminary epidemiological evidence to identify Townsend Farm’s “Organic Antioxidant Blend” as the likely source of the outbreak. As the evidence mounted, FDA and the Centers for Disease Control concluded that the origin of the virus was a single contaminated lot of Goknur pomegranate arils. Based on that information, Townsend Farms and another berry manufacturer using Goknur arils initiated voluntary recalls, and shortly thereafter the outbreak ended. Subsequently, Keller and Heckman Partner Arthur S. Garrett III, a specialist in food insurance issues, successfully secured the maximum insurance possible for Townsend Farms from multiple carriers.

Then Keller and Heckman’s Litigation Group stepped in, and together with Townsend Farms’ outside general counsel, William E. Gaar, a Partner at Buckley Law P.C. in Oregon, pursued litigation claims against Goknur through to the successful verdict. Mr. Gaar’s deep client knowledge and extensive jury trial experience in his own right were invaluable to this success. 

“My primary concern was to ensure that our client, Townsend Farms, was protected against any further adverse claims and had as much indemnity as possible for its losses and litigation exposure by securing the complete gamut of insurance that situations such as these call for,” stated Garrett in reference to the initial stages of representing the company.

Keller and Heckman's nationally-recognized litigation practice is led by acclaimed trial counsel. The firm’s lawyers, many of whom also have scientific and technical backgrounds, have worked in private industry, at state and federal agencies, at consulting firms, and in academia. The firm successfully litigates cases across the United States before federal and state courts for domestic and international companies from a wide range of industries. The interests represented in those cases include advertising and unfair competition, product liability defense, as well as commercial, food and drug, environmental and toxic tort litigation.

About Keller and Heckman

Keller and Heckman has a broad practice in the areas of regulatory law, public policy, and litigation, serving both domestic and international clients. With offices in Washington, DC, Brussels, San Francisco, Shanghai, and Boulder, the firm helps the world's most vital businesses achieve their objectives. A pioneer in the use of interdisciplinary approaches to problem-solving, Keller and Heckman has had an in-house scientific staff since 1971 that works closely with the firm's attorneys on matters of technical complexity. 

Manesh Rath, a Partner at Keller and Heckman LLP, has been selected as a 2017 Washington, DC "Super Lawyer" in the area of Employment and Labor due to his professional achievement and peer recognition. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, food litigation, wage and hour and class action litigation, occupational safety and health law, association law, accessibility, and labor law. He serves as counsel to many associations on a broad range of matters, including governance, incorporation, anti-trust, contractual issues, and legislative and regulatory matters. For almost 20 years, Mr. Rath has successfully defended employers nationwide in wage and hour and class action litigation. In the area of labor law, Mr. Rath represents employers throughout the country in union organizing campaigns, in negotiating collective bargaining agreements, and in defending against unfair labor practice (ULP) charges. He currently serves on the Board of Advisors for the National Federation of Independent Business (NFIB) Small Business Legal Center.

"Super Lawyers", a Thomson Reuters business, is a rating service of outstanding lawyers from over 70 practice areas who have attained a high degree of professional achievement and peer recognition. The selections are made using a patented multiphase process that includes nominations and evaluations within individual practice areas, combined with independent research. Attorneys awarded the Super Lawyer title have been evaluated on 12 indicators of peer recognition and professional achievement. The result is a credible, comprehensive, and diverse listing of exceptional attorneys. Annually, the representative number of small, medium, and large firm attorneys that are selected by Super Lawyers to receive this honor make up no more than five percent of attorneys in each state or territory.

About Keller and Heckman

Keller and Heckman has a broad practice in the areas of regulatory law, public policy, and litigation, serving both domestic and international clients. With offices in Washington, D.C., Brussels, San Francisco, Shanghai, and Boulder, the firm helps the world's most vital businesses achieve their objectives. A pioneer in the use of interdisciplinary approaches to problem-solving, Keller and Heckman has had an in-house scientific staff since 1971 that works closely with the firm's attorneys on matters of technical complexity.