Toxic Tort / Hazardous Substances

Overview
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Mounting a toxic tort defense presents unique challenges for businesses and their attorneys. Numerous  difficult procedural and evidentiary issues arise throughout the litigation process, especially when trying a case before a jury. Lawyers must master the statutory framework and applicable government regulations. They also must understand the underlying sciences involved in each case and possess the skill to explain complicated scientific, medical and legal concepts clearly and convincingly in court. They must be experienced and savvy — able to take on high-stakes litigation on a national scale, and manage cases effectively and cost efficiently. 

With so much at stake, businesses and their insurers rely on Segal McCambridge’s highly skilled toxic tort litigators to handle their bet-the-company toxic tort cases.

Unmatched Experience

From single-plaintiff lawsuits to multidistrict litigation, class actions, mass tort actions, consolidated cases, and concurrent state and federal court cases, our toxic tort lawyers have litigated literally thousands of toxic tort and environmental claims. Serving as national trial counsel, national coordinating counsel, regional counsel, local counsel, MDL counsel and expert development counsel, we manage all aspects of litigation from pre-trial discovery through trial and any appeals. We effectively argue causation defenses and risk transfer and liability sharing, and skillfully employ early motion practice, including Daubert and Frye motions and other legal doctrines to win case dismissals.

Our lawyers also represent clients at hearing before the EPA and other regulatory bodies. When clients have concluded that settlement is the best course of action, we have negotiated global, jurisdiction-wide and individual settlements, avoiding the cost and disruption of full-blown litigation,

Segal McCambridge lawyers have defended manufacturers, suppliers, service providers, property owners and employers against personal injury, catastrophic loss, property damage, soil, air and water contamination, and reduced property value claims, among many other types of toxic tort exposure claims.

We have litigated cases involving a wide variety of chemicals and other potentially toxic substances, including:

  • Asbestos
  • Benzene
  • Carbon monoxide
  • Chemical exposures, spills and leaks
  • Diacetyl/butter flavoring
  • Diesel fumes
  • Lead poisoning
  • Legionnaires’ Disease and bacterial contamination
  • Mercury Poisoning
  • Mold and vapor intrusion
  • Pesticides
  • Polycarbonate plastic bottles
  • Silica
  • Talc
  • Vinyl Chloride

We have also litigated cases claiming injury due to use of welding rods and failed respiratory protection equipment, as well as World Trade Center claims and injuries allegedly caused through exposure to electromagnetic fields and radiation.

Tech Savvy, Cost-Effective Service

Recognizing that scientific and technical evidence are key aspects of a successful toxic torts defense, we employ state-of-the-art document management systems and maintain a comprehensive database of medical and scientific sources, expert witness testimony and legal research. Using these resources and leveraging long-standing relationships with experts in fields such as epidemiology, industrial hygiene, material science, oncology, pathology, pulmonology, radiology, and toxicology, we efficiently and cost-effectively litigate even the largest and most complicated cases.

We offer a variety of fee structures and bill at competitive rates. Aggressively controlling expenses, we work toward providing clients with cost predictability and top-quality service.

Proactive Guidance and Risk Avoidance Counsel

Beyond the courtroom, we work closely with our clients to devise strategies, safety measures, policies and procedure to limit their liability exposure and help them manage risk. Our lawyers also offer guidance on regulatory compliance matters, clean up responsibilities, insurance coverage and claims, and a host of other matters. Active in professional associations on a local and national basis, we stay current on legal developments and industry trends impacting our clients and often speak at seminars on related topics.

We have also been actively involved in constitutional challenges to tort reform statutes, arguing in defense of caps on noneconomic and punitive damages, the repeal of joint and several liability and legislative changes affecting the statute of repose. 

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