Sheldon H. Solow v. W. R. Grace & Company
In Sheldon H. Solow, et al. v. W.R. Grace & Company
, the plaintiffs sought between $108 million and $180 million in past and future abatement costs, lost rent, and diminution in property value stemming from the use of asbestos-containing fireproofing, which was manufactured by the defendant, in the construction of the Solow Building. Analysis Group assisted our academic affiliate, Professor Karl Case
of Wellesley College, in rebutting the plaintiffs' expert's claims regarding lost rent and diminution in property value. The plaintiffs’ expert also argued that Solow enjoyed benefits by choosing to use the asbestos-containing material rather than wait for the city to approve a non-asbestos-containing material. The jury determined that Solow suffered approximately $30 million in damages arising from removing and managing the asbestos-containing material but suffered no damages stemming from lost rent or diminution in property value. The jury also found that the defendant was only liable for 38% of this amount.