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Federal Appellate Court Affirms Fees Award in Favor of Federal Signal Corporation in Firefighter Hearing Loss Cases

OAK BROOK, Ill., June 22, 2018 /PRNewswire/ -- Federal Signal Corporation (FSS), a leader in environmental and safety solutions, announced today that the U.S. Court of Appeals for the Third Circuit has issued an opinion affirming an award of attorneys' fees and costs to Federal Signal in a lawsuit filed by attorneys for firefighters alleging hearing loss caused by exposure to the Company's sirens.  Specifically, the court concluded that the award entered against the plaintiffs' attorneys by a U.S. District Court in Philadelphia was justified by the exceptional circumstances of the case, namely, "a litigant's failure to perform a meaningful pre-suit investigation, and a repeated practice of bringing claims and dismissing them with prejudice after inflicting substantial costs on the opposing party and the judicial system." The court commented that "this case is an example of some of the excesses of modern mass tort litigation—when attention to an individual case is sacrificed for the sake of pursuing mass filings", and that "[s]uch an uninformed rush to the courthouse skirts the norms of proper legal practice in pursuit of the fruits of aggregation. It should not be condoned." 

Daniel A. DuPre', General Counsel for the Company, stated, "This is another in a series of favorable rulings and trial victories in the hearing loss cases filed against the Company. We are pleased that this Court has recognized that there must be a meaningful pre-suit inquiry regarding whether these cases have merit before any suit is filed."

Jan Paul Miller, one of the attorneys who has defended the Company in these cases for several years, stated, "We have long believed that many of the hearing loss cases filed against the Company should never have been filed in the first instance.  This ruling vindicates our belief.  Along with our victories in the last seven cases to go to trial, this ruling shows that there are significant problems in pursuing this type of litigation against the Company and that the Company will aggressively defend itself against these claims."

About Federal Signal

Federal Signal Corporation (FSS) provides products and services to protect people and our planet. Founded in 1901, Federal Signal is a leading global designer and manufacturer of products and total solutions that serve municipal, governmental, industrial and commercial customers. Headquartered in Oak Brook, Ill., with manufacturing facilities worldwide, the Company operates two groups: Environmental Solutions and Safety and Security Systems.  For more information on Federal Signal, visit: www.federalsignal.com.

 

Federal Signal Corporation Logo. (PRNewsFoto/Federal Signal Corporation)

 

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