TOXIC TORT LITIGATION

Toxic tort and environmental claims often involve multiple defendants, complex evidence, diverse theories of recovery and emerging science. They may arise from occupational exposure, residential settings, consumer products, or pharmaceuticals and are among the costliest for companies and insurers to litigate due to the required elements of proof.

Litchfield Cavo LLP holds National Tier rankings in Best Lawyers^® “Best Law Firms” and Metropolitan Tier rankings across the United States in Litigation – Environmental due to our attorneys’ vast experience litigating claims. Our attorneys use their extensive experience to consider every possible angle and devise creative defense theories to produce favorable results for a wide range of occupational and industry clients:

• Construction and property: owners, property managers, contractors, subcontractors, trades workers
• Design and professional services: architects, engineers, designers, construction managers
• Manufacturing and distribution: manufacturers, distributors, installers
• Healthcare and employers: facility managers, healthcare providers, industry employers

Representative Matters

Litchfield Cavo has successfully litigated thousands of direct defense matters nationwide, including claims involving personal injury, chronic illness and property damage. Representative experience includes:

• Metals and particulates: aluminum, beryllium, cobalt, chromium, lead, magnesium, welding fumes, silicosis, pneumoconiosis
• Chemicals and compounds: benzene, aromatic hydrocarbons, carbon monoxide, diacetyl (popcorn lung), formaldehyde, insecticides, VOCs, paint/sealant exposure, propane
• Biological and environmental: asbestos, blood infections, mixed dust and molds, noise-induced hearing loss, radiation, electromagnetic exposure, multiple chemical sensitivity
• Medical and consumer products: breast implants, medical device implants, latex gloves, tobacco, vaping products and aerosols
• Regulatory and statutory litigation: Clean Air Act, Clean Water Act, Superfund (CERCLA), radiation, airborne contamination

Our Toxic Tort Defense Record

• Prevailed in multidistrict litigation (MDL) and on appeal, securing summary judgment for a medical device client under the Sophisticated User Doctrine and bulk supplier defense.
• Successfully defended a ceramics manufacturer against claim that manganese exposure caused Parkinson’s disease.
• Defended a major manufacturer in wood sealant exposure litigation; obtained a directed verdict against Plaintiff on several claims and a jury verdict on the remainder, defeating a multimillion-dollar recovery effort.
• Prevailed on appeal of a mold exposure case brought against real estate investment firm and hospitality management company clients; evidence demonstrated Plaintiff’s expert opinions did not meet the reliability requirements established under Daubert and Lanigan.
• Secured numerous dismissals and tried numerous cases to favorable jury verdicts in asbestos litigation across the United States.
• Provide nationwide representation with consistent, favorable outcomes for insurers, corporations, and manufacturers facing toxic tort claims.