The firefighting foam issue is no small matter. Court records reveal that, as of February, over 4,000 lawsuits regarding the foam were in play, with 224 rooted in Texas.
Firefighting Foam 5th Circuit : The Subpoena Showdown
In a scene straight from a legal thriller, Shambaugh was handed a subpoena back in April 2020, demanding documents about their firefighting foam’s purchase, sale, and distribution. Steadfast contends this legal paper was handed over in Indiana, not Texas.
However, Shambaugh’s counsel, the indefatigable Joseph L. Oliva, emphasized a key plot twist. He pointed to Northstar Fire Protection of Texas—a division of Shambaugh—as the “missing piece” connecting the case to Texas. It’s as if one were tracing a map, and suddenly, all roads led back to the Lone Star state. Oliva highlighted the company’s firm contacts with Texas under the state’s intricate insurance law.
The Counterplay
Crosnoe’s counter-move painted a contrasting picture. He pointed out that no direct communication—no calls, letters, or signals—were directed towards Texas. Bringing to mind an isolated island, he emphasized, “There was no tort committed in Texas here.”