Judge Warns Doe Run’s Lawyers Over Repeated Violations in Peru Lead Poisoning Case

In a recent order, U.S. District Judge Rodney Sippel of the Eastern District of Missouri sharply warned that he may disqualify the defense counsel for Doe Run Resources Corp., citing their “repeated disregard” of court orders. The action stems from long-running litigation brought by Napoli Shkolnik on behalf of more than 3,000 Peruvian children who allege lead poisoning tied to Doe Run’s mining operations near La Oroya, Peru.

Judge Sippel criticized Doe Run’s attorneys for filing two related legal actions in Florida, one in federal court and one in state court, calling their efforts to obtain discovery “tantamount to a vexatious multiplication of litigation,” Law.com reported. He accused the defense of trying to sidestep his sealing and discovery orders and warned, “Any attempts by defendants to circumvent my discovery orders in this case … will be met with sanctions, including the possibility of striking defendants’ pleadings … and proceeding with trials solely on damages,” the news outlet said.

The order did not name specific firms but referenced attorneys at Rivero Mestre, Polsinelli, Lewis Rice, Dowd Bennett, and King & Spalding, all of whom have represented Doe Run in the litigation. The court has not yet set a date for the next hearing, when it plans to address potential sanctions.

Jäger J. Shkolnik, a partner at Napoli Shkolnik and lead counsel for the plaintiffs, said the ruling reflects years of mounting frustration. “He’s been even-tempered, and we thought he should have punished them with that type of terminating sanctions two years ago, but he’s been gentle, and giving them the ability to do the right thing, but they keep doubling down,” Shkolnik said in the article. “He’s at the end of his rope now.”

The Missouri litigation is one of two major suits accusing Doe Run of contaminating communities near its Peruvian operations. Earlier this year, Sippel imposed $49,500 in sanctions after finding that Doe Run had disclosed the names of nearly 500 minor plaintiffs in violation of his redaction and sealing orders. The latest order signals continued scrutiny of Doe Run’s conduct, with the court expected to take up the issue of sanctions at its next hearing.

The full Law.com article can be found Hier.