Asbestos Litigation and Abatement

Asbestos Litigation

At Troutman Sanders, our lawyers have been involved in asbestos litigation since its inception in the late 1970s. With more than three decades of experience in this area, we have played a wide variety of roles – including national counsel, regional counsel and local counsel – in numerous jurisdictions – federal and state – across the country. We have collectively handled all stages of asbestos litigation from discovery to trials to appeals, and we have represented a broad array of clients in a variety of industries. Our clients have included premises owners, equipment manufacturers (pumps, diesel engines, valve, and boilers), friction products manufacturers (automotive and aviation brake products), laboratory equipment manufacturers, specialty construction products, gasket and seal manufacturers, and conglomerates with a wide range of products consisting of asbestos-containing components..

Within the United States, we have served as national counsel for clients, advising on the defense and coordination of their cases across the country. We have also advised foreign clients on asbestos litigation in the United States and its attendant issues, such as personal jurisdiction and forum issues. Additionally, we have advised on asbestos liabilities in connection with potential M&A transactions for clients, and we have experience in obtaining insurance coverage for asbestos liabilities and claims for many clients.

Asbestos Abatement

We are prepared to answer our clients' questions regarding asbestos-related problems, especially in connection with transactions and Occupational Safety and Health Act (OSHA) complaints. We represent property owners, tenants and lenders in all areas related to asbestos identification, abatement, disposal and management (including development of operations and maintenance plans) for properties located throughout the United States.

We provide advice to various companies, including hotels, mining companies, manufacturing facilities and metal plating companies on asbestos National Emission Standards for Hazardous Air Pollutants (NESHAP) requirements triggered by demolition/renovation activities.

Representative Experience

  • Supported a property owner during the course of the first total abatement of a major commercial building. Working with an architectural engineering firm, we established the commercial relationship between the owner, the abatement contractor and the abatement workers that became the model for current abatement agreements in Georgia, including specifications, air quality monitoring standards and confirmation sampling. The work involved a minimum of disruption to the lessees.
  • Identified a significant asbestos problem in the context of a potential multimillion-dollar acquisition in Trinidad and Tobago, in the course of a comprehensive due diligence review on behalf of a large independent power producer. We reviewed and approved the selection of a consultant and the implementation of the asbestos abatement program, including a thorough audit of three power generation plants, asbestos removal and encapsulation. We also provided representation and defense of manufacturers of respiratory equipment and brake products in asbestos-related litigation filed in federal and state courts involving hundreds of plaintiffs.
  • Assisted a utility client with preparing internal guidelines and assessments to ensure compliance with asbestos standards and regulations.
  • National counsel responsible for overseeing nationwide asbestos litigation for manufacturers in the automotive industry.
  • Handling defense of property damage actions relating to the presence of asbestos in the premises.
  • Assisting clients in the process of acquiring another company or assets of another entity by reviewing the liabilities related to the acquired entity or assets, and assessing the potential risk to the client from the proposed combination.
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