Jad Davis

Jad T. Davis represents clients in regulatory compliance, environmental enforcement, and civil cost recovery matters involving the federal Clean Air Act, Clean Water Act, Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Resource Conservation Recovery Act (RCRA), California Superfund: Hazardous Substance Account Act (HSAA), California’s Proposition 65, Water Code, and California Health & Safety Code. He also handles matters related to design, construction and real estate redevelopment, as well as civil rights.

He has represented clients in state and federal courts around the country, as well as before most state, regional and local agencies, including state and regional water quality control boards, the California Environmental Protection Agency and the U.S. Environmental Protection Agency. Typically, his clients seek assistance with state and federal lawsuits alleging soil, soil vapor, water or air contamination.

Jad has represented developers, general and subcontractors as well as design professionals in disputes related to construction contracts as well as traditional construction defect litigation.

In April 2019, the American Road & Transportation Builders Association selected Jad to judge its Foundation’s “Globe Awards” program of planning, design and construction of U.S. transportation infrastructure projects that enhance the natural environment.

Jad also is a sought-after mediator in the areas of environmental, stormwater, construction and civil rights. He serves as a pro bono mediator for the ADR Panel of the U.S. District Court for the Central District of California.

In addition, he has served pro bono on several ad hoc legal task forces for the Orange County Business Council. He also has defended the City and County of Los Angeles in various civil rights lawsuits brought against officers and deputies.

Representative Matters:

• Successfully defeated class certification allegations by way of a demurrer as to the alleged personal injury class and by way of defeating plaintiffs’ motion to certify property damage class in a lawsuit involving alleged emissions of hexavalent chromium by Jad’s client.
• Lead trial counsel defending a metal forging client against personal injury and property damage claims brought by hundreds of individual plaintiffs alleging damages from client’s emissions of various hazardous substances.
• Lead trial counsel for various clients against allegations that clients’ products violated Proposition 65 regarding various chemicals, ranging from rice, curry powder, and furniture to coffee-related products.
• Argued before the Court of Appeal of the State of California (Fourth Appellate Division, District One) that the judgment in favor of his client should be affirmed. The Orange County Water District alleged that the client contaminated the soil and groundwater in the county’s North Basin, and alleged the response costs to be $200 million. In June 2017, the Court published a 161-page opinion that affirmed the judgment against the county’s claims.
• As sole trial counsel, won a $1.2 million jury verdict on behalf of multinational plaintiffs after a three-week trial involving defective and contaminated consumer products.
• Represented property owners in administrative proceedings before the California State Water Resources Control Board challenging Cleanup and Abatements Orders and Directives issued by the Regional Water Quality Control boards.
• Provided legal counsel to a manufacturing client in negotiation with the EPA concerning a notice of alleged violation of the Clean Air Act that demanded monetary penalties of more than $1 billion.
• Lead trial counsel for target defendant against five class actions and several thousand individual toxic tort lawsuits alleging property damages and personal injury due to purported exposure to hexavalent chromium in the air and groundwater.
• Obtained summary judgment for a Fortune 500 client against allegations of soil and groundwater contamination involving alleged damages of several hundreds of millions of dollars.
• Obtained summary adjudication of four plaintiff claims against his client in a large multiparty groundwater contamination lawsuit.
• Successfully removed his client from a large multiparty cost recovery litigation involving CERCLA, RCRA and state equivalents.
• Defended a Fortune 500 client in large multiparty groundwater contamination litigation.
• Successfully negotiated TCE and PCE remediation plans against California State Water Resources Control Board and Regional Water Quality Control Board. In addition, successfully resolved two multiparty toxic tort lawsuits involving benzene brought against the client.
• Successfully defended a renewable biofuels company and the members of its board of directors against claims of breach of contract, alter ego and piercing the corporate veil made by a leading international project development and construction company.
• Successfully defended subcontractor defendant in four separate construction defect lawsuits filed by a large developer regarding allegations of defective workmanship and product on projects in excess of $20 million.
• On behalf of the developer, drafted and negotiated a guaranteed maximum price construction contract for a commercial apartment complex in San Diego with a price in the hundreds of millions of dollars.

Education:

• LL.M., George Washington University Law School, 2002
• J.D., Pepperdine University School of Law, 2001
  • Journal of the National Association of Administrative Law Judges, Literary Editor
  • Certificate in Dispute Resolution
  • Willem C. Vis International Appellate Competition
  • Chair, Trial Advocacy Tournament
  • Moot Court Board
  • Volunteer Law Clerk, Union Rescue Mission
  • Phi Alpha Delta
• B.A., University of California San Diego, 1998 (Political Science)

Bar Admissions:

• California
• U.S. District Court, Central District of California
• U.S. District Court, Eastern District of California
• U.S. District Court, Northern District of California
• U.S. District Court, Southern District of California
• U.S. Court of Appeals, Ninth Circuit

Memberships:

• American Bar Association
  • Section of Environment, Energy, and Resources (SEER)
  • SEER’s Environmental Transactions and Brownfields Committee, Vice Chair of Programs (2018)
  • SEER’s Air Quality Committee, Vice Chair of Membership (2018)
  • SEER Leadership Development Program (2018)
  • SEER’s Science and Technology Committee
    • Co-Chair (2016-2018)
    • Vice Chair of Programs (2014-2016)
• Association of Surfing Lawyers
• California Metals Coalition
• Groundwater Resources Association of California
• Los Angeles County Bar Association
• Orange County Business Council
• Professional Environmental Management Association
• The American Road and Transportation Builders Association

Community Involvement:

• Serves pro bono on several ad hoc legal task forces for the Orange County Business Council.
• Volunteers as a mediator appointed by the U.S. District Court for the Central District of California.