Toxic Tort
We have litigated toxic tort cases on behalf of an array of clients, including corporations, large utilities, air lines, landowners and local governments. We have represented clients in toxic tort cases ranging from underground storage tanks, groundwater associated with landfills, indoor air quality, and electromagnetic fields. We have handled class actions and traditional suits. One of our attorneys served as the Chair of the Legal Committee of the Formaldehyde Institute, which coordinated the defense nationwide of hundreds of toxic tort cases involving formaldehyde.
Sample representations include:
- Representing the CEO and President of a former specialty chemical company located at a former battery recycling facility in defense of a private party federal and state cost recovery claim in federal district court, and state law claims for damages associated with lead contamination at a former battery recycling facility;
- Representing a major rail carrier against nuisance, trespass, and personal injury claims filed in state court by residents located in the vicinity of chemical transloading operations of the carrier;
- Successfully defending a large electric utility in state court in one of the first cases nationally alleging that plaintiff's illness was caused by exposure to electric and magnetic fields associated with power lines located near plaintiff's property;
- Participating in the defense of a large paper and forest products company in several major toxic tort actions involving dioxin, asbestos, and odor;
- Represented a large county in a toxic tort action involving 27 plaintiffs over a closed municipal solid waste landfill where the groundwater was contaminated with chlorinated solvents;
- Represented major property owner in dispute over mold contamination involving medical monitoring and property damage;
- Represented the Commonwealth of Virginia against a chemical company concerning its Kepone discharges (a pesticide) into the James River at Hopewell, resulting in a multi-million dollar settlement compensating Virginia for its injuries;
- Represented a major air carrier in litigation with other carriers and a re-fuel operation over responsibility for jet fuel contamination at a large northeastern airport;
- Successfully defended an investor owned utility in a class-action brought by residents living near the LCP Superfund site, described as one of the most contaminated sites in the United States, ultimately leading to a complete dismissal from the suit for our client; and
- Represented the owner of a shopping center against a tenant dry cleaner for perchloro-ethylene spills on the property discovered during the course of refinancing. This case resulted in a favorable settlement. In a related case, we are seeking damages for diminution in property values in state court in a suit against the dry cleaner supply company for spills of chemicals during deliveries to the dry cleaner.