Rosenthal uses her fact-finding skills to probe the hidden history of how clients’ loved ones may have been exposed to deadly asbestos.
“I really enjoy the investigative aspect, exploring legal theories, and also that I have been able to expand my practice areas over time,” she said.
For the heirs to Pedro Fiori Sr., Rosenthal unraveled the corporate history of various foreign shipping companies to pinpoint which of the present-day European entities succeeded to the liabilities of a long defunct shipping line that carried asbestos cargo into the Ports of Oakland and San Francisco in the 1960s and early 1970s. Sierra V. American presidential lines Ltd., RG 13667752 (Alameda Super. Ct., filed Feb. 15, 2013). Trial is set for Sept. 25. Previously, she helped hold several multinational corporate vessel owners accountable for their role in exposing a ship repair worker to asbestos, using an exception to the Longshore and Harbor Workers Compensation Act. Richmond v. American President Lines Ltd., BC 510990 (Los Angeles Super. Ct., filed June 4, 2013).
Rosenthal’s briefing and argument played a major role in securing victory for another client exposed to asbestos while working at Pacific Bell Telephone Co. She defeated summary judgment against parent AT&T Inc. AT&T argued the company had no duty to the employees of its subsidiaries. Rosenthal demonstrated the company did assume a duty of health and safety for not just its own employees but also for the workers at all the so– called Baby Bells. Her work contributed to a significant resolution before trial in 2016. Pfulb v. Alcatel-Lucent USA Inc., RG14727503 (Alameda Super. Ct., filed June 2, 2014).
“To try to hold the defendant responsible, we had to dust off a theory from long ago called negligent entrustment,” Rosenthal said. “Although they didn’t give it any credibility, the court did.”