We maintain a nationally recognized Toxic Tort Team. Our dedicated toxic tort lawyers represent clients in all manner of toxic tort claims – ranging from environmental contamination cases involving entire neighborhoods to single-plaintiff personal injury product and workplace exposure cases. Our clients include industrial, chemical and manufacturing clients from Valero Energy, and PerkinElmer.
Our regulatory team focuses on business resolutions, but sometimes litigation is inevitable. When that time comes, our lawyers are ready to build a successful defense with a trial focus. An evidence-based expert strategy is critical to dispositive motion practice, trial, class certification and even resolution, and we start with understanding the underlying science. We understand the technical science behind our toxic tort exposure cases and we have the background and experience to hit the ground running quickly and efficiently. We have defended claims involving a broad range of chemicals, including Agent Orange, benzene, dioxin, radioactive materials, BTEX, diesel range organics, PCBs, diacetyl, rubber hydrocarbons, asbestos, formaldehyde, perfluorinated compounds, latex, ammonia, chlorinated solvents, pesticides, volatile and semi-volatile organic compounds, polycyclic aromatic hydrocarbons and metals such as mercury, lead and arsenic.
We know which experts to hire and how to work with them to deploy a winning scientific defense. We have long-standing relationships with experts in the fields of toxicology, epidemiology, medicine, multiple medical specialties, risk assessment, hydrogeology, forensic chemistry, industrial hygiene, environmental engineering, exposure modeling, vapor intrusion, remediation and property damage valuation.
We have prevailed in cases on a myriad of substantive and procedural defenses. Our successes include:
- winning Daubert and Frye challenges;
- defeating class certification;
- obtaining dismissal through the use of Lone Pine Case Management Orders;
- barring claims on the basis of statute of limitations, statute of repose and preemption; and
- defeating novel causation theories, such as market share liability.
We have significant experience with multi-jurisdictional coordination. We have served as national counsel for Fortune 500 companies coordinating extensive nationwide litigation, including serving as lead MDL counsel, regional trial counsel, national discovery counsel and national settlement counsel. We are particularly adept at handling cases in plaintiff-friendly jurisdictions such as Madison County, Illinois; Los Angeles, California; and St. Louis, Missouri. In fact, we have offices and experienced toxic tort attorneys in each of these locales.
We regularly defend clients in the chemical, energy, manufacturing, transportation, food/beverage and hospitality industries facing these complex claims, which require the ability not only to understand the substantive law and associated regulatory framework, but also to interpret and, at times, to challenge the science.
Our cases involve allegations of personal injury and property damage stemming from exposure to harmful chemicals or substances contained in a product or related to a release from a facility. We routinely serve as national coordinating counsel for companies and property owners that face these types of suits. Unlike many other firms, our team members are not split into regulatory lawyers and litigators. Rather, our team members do it all – consult on regulatory issues, handle governmental enforcement defense, and spearhead toxic tort, environmental and Proposition 65 litigation. Given this broad focus, our litigators understand how to manage parallel enforcement and private claims and to employ defenses that arise out of overlapping actions.