Melissa R. (Rosie) Badgett is an experienced litigator who has handled matters through all phases of litigation, including discovery, trials and appeals. Her practice is focused on asbestos litigation, environmental law, product liability, and toxic tort law. Rosie has successfully represented manufacturers and suppliers of pesticides and fertilizers to the growing medical cannabis industry in litigation. She has litigated cases in several jurisdictions throughout the country including Illinois, Maryland and California.
Rosie began her career litigating cases in Madison County, Illinois and St. Louis, Missouri as well as participating in asbestos trials in Maryland and Texas for her firm’s national clients.
In 2008, she became a founding member of a product liability and environmental litigation defense firm in their Los Angeles office, where she litigated cases throughout California and remained until 2016.
During her time in Los Angeles, Rosie continued her practice in asbestos litigation and expanded her product liability experience. She represented a variety of defendants including a national flooring manufacturer, a manufacturer of stucco and drywall products as well as several automotive parts suppliers. She also represented multiple defendants in benzene litigation. As part of her representation, she negotiated large settlements and handled mediation for clients in product liability cases.
In 2016 she relocated to San Diego. Since that time she has second chaired five asbestos trials for some of her former firm’s largest asbestos clients. She also handled settlement negotiations in cases where demands were seven figures. These clients included flooring manufacturers, airplane manufacturers, gasket manufacturers and manufacturers of automotive parts.
From 2016 – present, Rosie has also expanded her practice to include representation of industries ancillary to the legal cannabis business in California. This included product liability cases against a fertilizer manufacturer as well as assisting the manufacturers of these products with state governments to legally distribute their products.
Rosie was named a Southern California Super Lawyer in 2016 and 2017.
- Schizler v. American Biltrite, et al. – Rosie successfully defended an appeal from a trial court’s ruling on a demurrer without leave to amend in a toxic exposure case that was filed outside of the statute of limitations. Demurrer was granted as Plaintiffs had filed another suit for life insurance proceeds for the same alleged injuries. The trial court took judicial notice of the unrelated suit and determined the wrongful death suit was untimely filed.
- Crawford v. American Biltrite, et al. – Rosie was able to successfully leverage a five figure settlement in a case with a high six-figure demand by proving that the decedent in an asbestos case did not have mesothelioma. Plaintiffs failed to disclose the existence of an autopsy wherein the medical examiner determined decedent (who had an 85-pack year smoking history) had lung cancer. Plaintiffs attempted to prevent Rosie’s client from taking the deposition of the medical examiner, and lost their motion for protective order. After the deposition was completed, the demand was significantly reduced prior to trial.
- Scarcella v. Asbestos Defendants – Rosie second chaired an asbestos trial in San Diego, California which also resulted in a significantly lowered demand after jury selection and opening statements.
- Main v. Labmor, et al. – In the face of a seven figure demand for a plaintiff who ingested fertilizer and suffered a catastrophic brain injury, Rosie was able to negotiate a five figure settlement. To leverage the settlement, Rosie renewed a personal jurisdiction motion that was taken off calendar by prior counsel. In the face of the renewed motion, plaintiff took the reduced settlement.
Speaking Engagements and Conferences:
- “The Mega Jurisdiction – Friend or Foe?” Perrin Conference, Beverly Hills, CA
- “Expert Roundtable” DRI, Miami, CA
Outside of the office, Rosie enjoys biking, cooking, yoga and reading. She also loves trying out new restaurants in town, as her brother is a chef and has instilled in her a love of food.