Gerald J Petros

Practice Areas

Litigation

Environmental

Product Liability & Toxic Tort

Energy

White Collar & Government Enforcement

Insurance Coverage

Senior Living

Career

Hinckley Allen, Chair, Litigation Law Group, Chair, Environmental Law Group, Partner (1990-Present), Associate (1983-1989)

Professional Memberships

American Bar Association, Section on Litigation; Environmental Litigation Committee, Toxic Tort and Environmental Law Committee

American College of Trial Lawyers, Fellow of the College

Board of Bar Admission for United States District Court for the District of Rhode Island, Chairman

First Circuit Judicial Conference in Newport, Rhode Island, Co-Chair (2005)

Litigation Counsel of America

Offshore Wind: Massachusetts

Rhode Island Bar Association-Environmental Law Committee

The Fellows of the American Bar Foundation

Work Highlights

Commercial Litigation:

Energy Products: Jerry recently represented a multi-national holding company in a significant contract dispute with a Fortune 50 company concerning major components used in commercial wind turbines. The dispute concerned warranty and performance claims for components valued at more than $200,000,000 and involved production and sales in several countries. Jerry continues to handle a number of matters for this client.

Eminent Domain: Rhode Island condemned land owned by a large developer to relocate the two rivers in the Capital Center District. The developer retained Jerry to obtain just compensation after the state offered less than $2,000,000. After two full trials and appeals, Jerry secured a $13,000,000 condemnation award on behalf of the developer, but no one would pay the judgment. A City responsible for half the award responded by retroactively tripling the developer’s tax assessments, condemning one of the developer’s other parcels, and sending the developer a $7,000,000 tax bill. After more litigation and appeals, the Supreme Court declared the new tax assessments illegal, voided the City’s condemnation, ordered payment of the judgment, and awarded legal fees to the developer. The dispute spanned 16 years and included 3 separate trials and appeals. The condemnation award is one of the largest eminent domain awards resulting from a contested case in Rhode Island.

Charter International: Jerry represented Charter International Oil Company, at various times owned by Spelling, Viacom, and CBS, for more than 15 years in connection with issues arising out of a 110 acre petroleum distribution facility located along the coast. In the course of that representation, Jerry (1) represented Charter in negotiating the terms of the facility decommissioning and environmental cleanup that spanned more than 10 years and involved numerous state and federal environmental agencies; (2) prosecuted a construction claim against one of the major cleanup contractors; (3) prosecuted contribution actions in federal court against the federal government and private oil companies to recover costs associated with the cleanup; and (4) prosecuted a claim against an insurer that resulted in a settlement after a published decision confirming Charter’s rights to pursue coverage following the long cleanup effort.

Deepwater Horizon Oil Spill: For the past three years, Jerry has represented one of the largest contractors involved in cleaning up the Gulf Oil Spill resulting from the failure of British Petroleum’s oil well in 2009. The matters have included contract claims, construction disputes, and employment matters.

Product Liability and Toxic Torts:

Life Sciences: General Electric retained Jerry to defend against product liability claims arising out of the administration of a so-called gadolinium-based contrast agent, or GBCA, used in MRIs. Plaintiffs contend that when administered to patients suffering from end-stage renal failure, GBCA causes nephrogenic systemic fibrosis, a serious condition involving the thickening and hardening of the skin, stiffness in joints, and severe pain in the affected areas.

The Catalyst Cases: Cytec retained Jerry to defend it in more than 80 respiratory cases filed against it in the US Virgin Islands, St Croix. The claims concerned catalysts allegedly supplied by Cytec to a large oil refinery on St Croix where the plaintiffs worked. The venue presented both interesting and important issues. After three years of discovery and shortly before trial, the plaintiffs dismissed all claims against Cytec and proceeded against the remaining defendants.

State of Rhode Island v. Lead Industries Association et al.: The Rhode Island Attorney General filed this landmark case against six former lead pigment manufacturers. The State sought billions in damages to remove lead paint from homes and government buildings throughout Rhode Island. One of the six defendants, American Cyanamid asked Jerry and Hinckley Allen to defend these claims. The case drew national attention and resulted in two trials; the second trial spanning four months was the longest in the history of Rhode Island. That trial resulted in a verdict that imposed liability measured at upwards of several billion dollars against three of the other defendants. On appeal, the Rhode Island Supreme Court rejected the underlying public nuisance and market share liability theories advanced by the Attorney General against American Cyanamid and the other defendants, and dismissed all claims. That decision was widely reported in the national press as well as legal publications.

Kedy v A.W. Chesterton: General Electric retained Jerry to argue an important appeal involving series of asbestos cases that Canadian plaintiffs sought to litigate in the United States. After the trial court denied General Electric’s motion to dismiss those claims, the company hired Jerry to argue the appeal before the Rhode Island Supreme Court. The Court agreed with General Electric, adopted for the first time the doctrine of forum non conveniens, and dismissed the claims filed by the Canadian plaintiffs.

Environment:

Sullivan’s Ledge: AFC Cable selected Jerry to defend this Superfund Contribution Action under section 113 of CERCLA. The Performing PRP Group sought millions in contribution from AFC Cable and the other defendants in an action before Judge Keaton in the United States District Court for the District of Massachusetts. Judge Keaton tried the case for six weeks before a provisional jury requested by the plaintiffs. At the close of the plaintiff’s case, Judge Keaton entered Judgment as a matter of law in favor of AFC and two other defendants. A fourth defendant was found liable by the provisional jury and Judge Keaton for several million dollars. Jerry also successfully defended the appeal before the United States Court of Appeals for the First Circuit; a case that has become one of the leading decisions on contribution and equitable apportionment under CERCLA.

Corvello v. Southern Union: More than 100 families in a Rhode Island neighborhood sued Southern Union and claimed that Southern Union was responsible for pollutants by a Coal Gas Manufacturing Plant operated by a local gas company later purchased by Southern Union. The Town imposed a moratorium on new building in the neighborhood and the state environmental and health agencies conducted extensive investigations. Jerry defended Southern Union in the federal action filed by the families and also in a state administrative proceeding brought by the Department of Environmental Management. Jerry helped the company settle the case on the court house steps and Southern Union resolved a claim that exceeded $100,000,000 in exchange for a modest payment.

Read more: https://www.hinckleyallen.com/people/gerald-j-petros/

Expert in these Jurisdictions

United States Tax Court

Massachusetts

Rhode Island

United States Court of Appeals for the Federal Circuit

United States Court of Appeals for the First Circuit

United States Court of Federal Claims

United States District Court for the District of Massachusetts

United States District Court for the District of Rhode Island

United States Supreme Court

Experience

Jerry is Chair of the Litigation Group and leads our Environmental Group. His practice focuses on commercial litigation with an emphasis on complex commercial litigation, energy related matters, and environmental litigation. Jerry handles a wide variety of complex litigation disputes involving financial transactions, corporate acquisitions, and contract disputes. His energy practice includes representation of (1) established regional and national utilities in regulatory, environmental, white collar defense and litigation matters; (2) owners and developers of land and ocean based wind farms in regulatory, permitting, construction, contract, and litigation matters; (3) owners and developers of solar energy companies in development projects; and (4) large energy companies in general activities throughout the Northeast region. Jerry also handles sophisticated product liability actions involving medical devices, toxic torts, mass torts, and other products. He tries cases in state and federal courts throughout the country and frequently appears before regulatory bodies and agencies in connection with permitting and development projects. Jerry often provides counsel to public and private companies including private equity groups, venture capital companies, developers, public utilities, energy companies, manufacturers, and financial institutions concerning disputes, acquisitions, sales, and other matters.

Jerry’s environmental practice includes representing parties in private cost recovery actions, Superfund litigation, toxic tort litigation, permitting and approval, and insurance coverage cases. He also defends clients against state and federal enforcement actions under the Clean Water Act, Clean Air Act, and other environmental statutes.

Jerry has authored or co-edited many articles in the areas of commercial litigation and environmental compliance and speaks at regional and national seminars covering commercial litigation and environmental compliance and enforcement issues. Jerry is a member of the American College of Trial Lawyers, and has been recognized by his peers and a number of legal publications as a top litigator in the region.

Education

Awards