Fabio Dworschak

Representative Experience

• Environmental Litigation Plus

  • Represented national energy company in asserting statutory and common law claims related to PFAS contamination arising from aqueous film forming foam (AFFF) against the manufacturers of AFFF and PFAS.

  • Represented international energy company in defending against claims arising from CERCLA, RCRA, and other federal and state law claims based on historic operations of the company’s former subsidiary in California.

  • Represented international energy company in defending against federal and state law claims, including MTCA, based on historic gas station operations in Washington.

  • Represented international company in defending against a state attorney general’s action based on criminal and civil violations of reporting requirements in a water discharge permit.

  • Represented seafood company in defending against a state enforcement action for an unauthorized discharge and violations of effluent limitations in its discharge permit.

  • Represented national grocery store in breach of lease and related claims stemming from environmental contamination at the leased property.

  • Represented local property developer in reverse condemnation issue arising from the state’s efforts to lower heavily trafficked multi-state bridge and negatively impacted the navigability of the Columbia River.

  • Represented several clients in defense of Clean Water Act citizen suits.

  • Represented clean fill and landfill owners in environmental and commercial disputes with private parties and state agencies.

  • Represented states and territories in asserting common law and statutory claims against chemical manufacturers for environmental contamination stemming from their facilities.*

• Commercial Litigation Plus

  • Represented international manufacturer of building materials and concrete in asserting breach of contract and indemnity claims against the seller of several properties based on misrepresentations in the purchase agreement.

  • Represented hotel in asserting breach of contract and related claims against former owner of the hotel and construction company that built the hotel, as well as insurance claims against the hotel’s insurer for improper denial of claim and bad faith.

  • Successfully defended a national company in a bench trial victory via a motion for directed verdict.*

  • Obtained favorable outcome for a port and railroad company through a settlement based on a suit for breach of contract and warranty arising from purchase of locomotive fleet.*

  • Obtained favorable dismissal of mortgage company client in a multimillion-dollar dispute over the acquisition of real property in Texas.*

• Appeals Plus

  • Represented national telecommunication provider in an appeal challenging agency procurement process under Washington law.

  • Obtained a favorable decision for the Attorney General of Guam in the United States Supreme Court in a CERCLA action against the United States to recover the costs of removal and remedial actions incurred by Guam due to military contamination and operations on the island for decades. The decision, Territory of Guam v. United States, can be found here.*

  • Successfully represented cylinder manufacturer in a challenge to a final EPA rule banning use of non-refillable cylinders in the United States Court of Appeals for the District of Columbia. The decision, Heating, Air Conditioning & Refrigeration Distributors International et al. v. EPA et al., can be found here.*

• Pro Bono Plus

  • Represented a client wrongfully arrested for peacefully protesting in a suit based on the United States and Louisiana constitutions, federal and state law, and common law against the city, police department, sheriff’s office, district attorney, and several individual actors in federal court in Louisiana.

  • Obtained favorable decision for tenant client in the Texas First Court of Appeals in a landlord-tenant dispute arising from the Texas Property Code. The decision, Graustark Members II, LLC v. Minor, No. 01-19-647-CV (Tex. App.—Houston [1st. Dist.] 2020, no pet.), can be found here. *

  • Represented three public interest non-profits in an amicus brief supporting the Sixth Amendment right to an attorney at an initial bail determination hearing in an appeal before the United States Court of Appeals for the Fifth Circuit.*

  • Obtained favorable settlement for a client in a breach of contract case based on sale of real property in Texas.*

  • Obtained favorable settlement for a client in an adverse possession case in Texas.*

  • Helped veterans and other Houstonians expunge their criminal records or prepare wills.*

  • Represented asylum seekers and other migrants in appeals before the Board of Immigration Appeals and the United States Court of Appeals for the Second Circuit.*

* Denotes experience prior to joining Miller Nash LLP