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Our lawyers have defended many major mass tort and toxic tort lawsuits. From pharmaceuticals to automobiles, from the chemical industry to the energy industry, and in most industries in which such claims arise, our lawyers have significant mass tort experience.

Typically, plaintiffs' lawyers aggregate claims for two reasons: in order to enhance their chances of success at trial and to exert financial pressure upon the defendants. In such cases we strive to defeat allegations of commonality, typicality and related assertions; and, to provide a cost effective defense. Our effective use of technology greatly assists in reducing our defense costs, allowing us to deal with a large volume of cases in a cost-effective fashion.

In many cases, our lawyers' extensive knowledge and experience in an industry is vital. Our lawyers have worked with most major U.S. industries in which these claims arise. So too, business in the United States is increasingly subject to federal and state regulatory and statutory requirements. Our lawyers are well familiar with the regulatory framework relating to most major U.S. industries, whether it is the EPA, NTSA, OSHA, FDA, FTC or other federal agencies or their state counterparts.

Many of these cases involve complex scientific, technical, financial, legal and other issues. We have experience with most of the recurring issues in these cases. We have extensive background in identifying and synthesizing the new or arcane issues. We apply our extensive skills toward creating an effective defense for your case. Whenever possible, we look for ways to simplify the complex, to reduce difficult subjects to something that a judge or jury can readily understand. We are skilled in the use of jury research, effective demonstrative exhibits and other winning trial techniques.

Through our efforts, many complex cases are resolved short of trial. Often, we are able to resolve these cases through dispositive motions. In those not subject to such an approach, we are always looking for ways to achieve an early, cost-effective, resolution. In those susceptible to cost-effective settlements, we bring our experience and settlement skills to bear. For those cases in which trial is necessary, we are always prepared and ready for trial. Should the case go to trial, we prepare in order to present a defense that portrays your company in the most favorable light, that exposes the flaws in the plaintiffs’ liability and damage claims, that blunts the emotions evoked by such claims and, above all, that present your company's affirmative story in a credible and convincing manner.

Examples of our work on mass tort and toxic tort cases follow:

We defend manufacturers of products related to asbestos and silica use in numerous mass tort lawsuits. Our lawyers are adept at handling all phases of these complex cases, including protection of proprietary information in discovery, coordination with regional counsel, management of large amount of documentation, effective courtroom argument, and appeals when necessary.

We have defended various companies from claims of mass exposure of workers, either at a particular plant (or plants) or in particular industrial settings, to allegedly injurious substances. Our work on theses cases has involved various products, chemicals, petroleum products/byproducts, and other alleged sources of illness or injury.

Environmental
We have handled numerous environmental mass torts alleging injury or damage caused by pollutants originating from chemical plants, refineries, Superfund sites, waste dumps, barges, underground storage tanks, and waste water treatment facilities. In one example, we defended a contractor against chemical exposure claims of more than 100 workers arising from a chemical release at a chemical plant.

We served as regional counsel for a pharmaceutical manufacturer in cases involving a prescription medication that was withdrawn from the market. In one lawsuit we defeated an effort by over one million people in Texas who were taking the drug to sue for a refund, even though they had suffered no harm from the drug itself. Our lawyers have also handled mass torts involving other pharmaceuticals and medical devices. We represented a major manufacturer of silicone breast implants in all its litigation, including mass torts, in Texas.

While Texas adopted major tort reforms in 2003 and 2005, and filings in some toxic torts have declined in Texas, creative and sophisticated plaintiff firms are carefully crafting new cases and filing them in advantageous venues to avoid the traps imposed by the new laws. Similarly, even with the advent of rules that prevent claims without scientific merit from reaching a jury, and recent decisions and statutes that allow or even encourage judges to dismiss cases when there is little or no scientific basis for the claim, many of these cases remain dangerous threats if if the defense is not prepared. The cases that make it through the system and get to a jury are much more dangerous for our clients, who rely on our extensive training, experience, and skill to help them prevail.

• Alleged underground contamination from industrial solvents, e.g., various chlorinated solvents
• Occupational dust and fume exposures, including copper, caprolactam, iron oxide, and welding rod fume exposures
• "Sick building" syndrome claims
• Benzene personal injury cases
• Suits by individuals and class actions resulting from chemical discharges, explosions, and fires at refineries and chemical plants

• Handled numerous toxic tort cases originating from chemical plants, refineries, Superfund sites, waste dumps, barges, underground storage tanks, and waste water treatment facilities.
• Represent one of the largest U.S. silica suppliers as coordinating counsel in silicosis litigation.
• Handled cases involving the epidemiology, toxicology, and industrial hygiene aspects of benzene, 1,3-butadiene, ethylene, ethylene oxide, dense non-aqueous phase liquids (DNAPLs), carbon monoxide, vinyl acetate monomers, lead, butane, ethylene glycol, gasoline, hexane, nitrobenzene, NORM, radiation, and toluene.
• Handled death and personal injury cases involving carbon monoxide asphyxiation, brain cancer, stomach cancer, malignant melanoma, Hodgkin’s disease, non-Hodgkin’s lymphoma, multiple myeloma, acute myelogenous leukemia, chronic myelogenous leukemia, chronic lymphocytic leukemia (T-cell lymphocytosis), thrombocytopenia, polycythemia, and aplastic anemia.
• Served as regional counsel for products liability and premises liability cases for a Fortune 25 retail company.
• Defended a major maritime shipping company in a benzene toxic tort case.
• Represented a large industrial minerals producer in hundreds of occupational lung disease cases.
• Represented a Fortune 100 corporation in asbestos litigation.
• Represented a manufacturer in a multi-plaintiff, wrongful death, and personal injury toxic tort trial, and obtained docket-wide rulings that evidence of fear of cancer and enhanced risk of cancer evidence was excluded and that no mixed plaintiff cases would be tried together in the future.
• Represented a manufacturer of Styrofoam cups in cases alleging personal injury from styrene exposure.
• Represented a major consumer products manufacturer in toxic chemical exposure, wrongful death, and survival cases.
• Defended a contractor against chemical exposure claims of more than 100 workers arising from a chemical release at a chemical plant.