Cozen Win for Climate Scientist Brings ‘Sense of Accomplishment’

The trial win for prominent climate scientist Michael Mann gave Cozen O’Connor partner Pete Fontaine, who helped lead the case for a dozen years, “a real sense of accomplishment,” he said.

A DC Superior Court jury on Thursday awarded Mann just over $1 million stemming from his 2012 defamation suit against Rand Simberg, a former adjunct scholar at the Competitive Enterprise Institute, and National Review contributor Mark Steyn,

Philadelphia-based Cozen partner Fontaine, who leads the firm’s environment practice, said he’s represented Mann, since 2010, soon after Mann became embroiled in the “Climategate” controversy in which hackers stole emails from climate scientists they falsely claimed showed proof that climate change was a hoax.

Two years later, Simberg, writing for CEI, authored an article that called Mann “the Jerry Sandusky of climate science” by comparing the research of Mann, a professor at Penn State at the time, to the scandal involving former Penn State football coach Sandusky, who was convicted of sexually assaulting children. Steyn later referred to Simberg’s post in National Review.

The jury ordered Steyn to pay Mann $1 million and Simberg to pay $1,000 in punitive damages, and for each to pay Mann $1 in compensatory damages.

Fontaine said the unanimous verdict was “a tremendous vindication” for Mann. “He feels he’s finally able to clear his name.”

Fontaine said he was grateful for the win in part given the “high bar” his team had to clear in proving defamation against a public figure like Mann.

Simberg, in a statement provided by his lawyer, Mark DeLaQuil of BakerHostetler, said that, “I am pleased that the jury found in my favor on half of the statements at issue in this case, including finding my statement that Dr. Mann engaged in data manipulation was not defamation.”

According to media accounts, Steyn manager Melissa Howes said in a statement that “Mann never suffered any actual injury from the statement at issue. And today, after twelve years, the jury awarded him one dollar in compensatory damages.”

The defamation case involved several current and former Cozen lawyers, including associate Amorie Hummel, DC defamation practitioner John Williams of the DC litigation boutique Williams Lopatto, who served as lead trial counsel, and Patrick Coyne of Finnegan, Henderson, Farabow, Garrett & Dunner, an IP partner and engineer who lent scientific expertise, Fontaine said.

Over the dozen-year course of the case, Fontaine said he’s devoted “nearly an entire year of time to the matter,” and that 12 different Cozen lawyers have worked a total of thousands of hours on the case.

The case isn’t over, said Fontaine, noting that the defendants have indicated they may appeal. He added that he may file a “cross appeal” of the ruling dismissing National Review and Competitive Enterprise Institute as defendants.

Fontaine said the case was different than his normal caseload in which he helps energy and other companies resolve their environmental liabilities. He said the Mann case wasn’t handled by the firm as a pro bono matter, but that the firm did bill less than it does in most corporate client matters.

The case, he said, “was invested with significant public interest considerations.”