Elissa Preheim is an experienced litigator who focuses her practice on toxic tort, environmental and complex commercial litigation, with an emphasis on class actions and professional liability. She has significant experience litigating toxic tort lawsuits, Clean Water Act litigation and natural resource damages claims related to contaminated sites, including medical monitoring, personal injury and property damages actions.
Elissa regularly litigates high stakes matters involving parallel proceedings, including federal and state Superfund proceedings. She was a member of the trial team in Clean Water Act litigation relating to the Deepwater Horizon oil spill in the Gulf of Mexico, and she has litigated other high profile toxic tort matters, including the Hoosick Falls PFAS litigation. Elissa has significant experience working with environmental, technical and other scientific experts.
Elissa graduated summa cum laude from the Indiana University Maurer School of Law, where she was Executive Articles Editor of the Indiana Law Journal. She subsequently clerked for the Honorable Bruce M. Selya at the United States Court of Appeals for the First Circuit.
Experience
- Paper Mill Operator, in defending against a putative class action seeking property damages allegedly arising PFAS detected in private wells from landspreading of paper mill sludges.
- Honeywell, in defending a putative class action seeking property damage and medical monitoring and approximately 50 individual personal injury and other suits related to PFAS chemicals and drinking water in Hoosick Falls, New York. Baker v. Saint-Gobain.
- Honeywell, in defending suit brought by water district alleging property damages related to PFAS chemicals and drinking water, part of multi-district litigation in South Carolina. In re: Aqueous Film-Forming Foams Products Liability Litigation.
- Honeywell, in obtaining early dismissals of a putative federal class action and other toxic tort suits related to alleged soil and surface water contamination from a former industrial landfill. Andres v. Town of Wheatfield.
- Warner-Lambert, in defending toxic tort litigation related to PFAS chemicals and drinking water. Village of Harriman v. Nepera.
- Coty Inc. in obtaining early dismissals of multiple suits alleging that certain CoverGirl products are falsely advertised because they contains PFAS.
- Mosaic, in defending against a putative class action seeking property damages for alleged elevated levels of naturally occurring radiation on formerly mined land.
- BP, as member of trial team in Clean Water Act litigation relating to the Deepwater Horizon oil spill in the Gulf of Mexico, and as counsel in related natural resource damages (NRD) assessment.
- Former chemical company in successfully settling two class actions seeking US$1 billion in damages for alleged diminution in property values and personal injury from groundwater plume associated with former fertilizer manufacturing facility.
- Agrico Chemical, in defeating or favorably settling class action and individual toxic torts suits seeking property damages and medical monitoring related to alleged contamination from former pesticide manufacturing operations. Moore v. Agrico.
- International Minerals & Chemical Company, in obtaining dismissals of multiple suits alleging property damages and increased health risks from naturally occurring radioactive material related to mining operations.
Perspectives
Recognition
Product liability, Mass Tort and Class Action: Toxic Tort — Defense (2022)
Environment: Litigation (2021-2022)
Credentials
Education
- J.D., Indiana University, 1996, summa cum laude
- B.A., Northwestern University, 1993, Phi Beta Kappa
Admissions
- District of Columbia
- Numerous Federal Courts
Clerkships
- U.S. Court of Appeals for the First Circuit, The Honorable Bruce M. Selya
Activities
- Past Vice Chair, Board on Professional Responsibility, District of Columbia Court of Appeals
- Board of Visitors, Indiana University Maurer School of Law