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Environmental and Toxic Torts



We possess specialized expertise in these areas, defending multiple plaintiff actions involving exposure to industrial metals, exposure to chemicals used in theatrical film developing, exposure to asbestos during the installation and removal of asbestos-containing insulation materials, exposure to high-technology paints and primers for the U.S. Government Stealth Fighter Project, claims against a major chemical distributor alleging that ground water contamination had injured over 200 plaintiffs, and claims of mold and mildew contamination.

We successfully completed three trials in the Stealth Lockheed toxic tort cases. The trials involved cases consisting of 14 to 40 plaintiffs, arguably representative of 644 plaintiffs who claimed respiratory ailments, brain injuries, central and peripheral nervous system damages, cancer and the enhanced risk of, and fear of cancer, as a result of exposure to approximately 200 chemicals, including industrial solvents, degreasers, adhesives, resins, advanced structural composite materials, asbestos, silica and other chemicals used in the manufacturing process, which have been alleged to have a co-carcinogenic or synergistic effect, in the workplace environment. There were over 30 chemical defendant manufacturers and suppliers and we represented a Joint Defense Group of (originally) 7 chemical manufacturers or suppliers in this litigation. Two of these defendants were dismissed after motions for summary judgment were made on their behalf. The remaining defendants proceeded to trial, with the first trial lasting for approximately 9 months, including jury deliberations, and resulting in a hung jury. These three trials were in trial or jury deliberations for approximately 20 months.

The second trial resulted in nearly all of our clients' products being found to have adequate warnings during the relevant time periods of exposure (1950-1990). During the second trial of "pilot" plaintiffs, we were able to secure a directed verdict in favor of one of our clients. Another chemical manufacturer, previously represented by a different firm in this litigation, asked us to take over its defense. Jeffery Carlson obtained defense verdicts in 24 out of 26 warnings issues and punitive damages claims in the Stealth Lockheed cases, and has been advised that his Joint Defense Group clients obtained the most wins (i.e., on warnings, punitive damages) than approximately 10-12 other firms. Additionally, one of Mr. Carlson's clients was the only defendant to receive a directed verdict in the Stealth Lockheed cases.

In the trial of Stealth Lockheed IV, involving 28 plaintiffs, we prevailed in 26 cases, obtaining defense verdicts regarding warnings issues for our remaining client, a chemical manufacturer. The case settled prior to entry of judgment being entered.

In addition to the Stealth Lockheed cases, we represented a joint defense group in an occupational asthma case involving 40 different chemical defendants. We recently defended and/or are currently defending "sick building syndrome" cases, mold cases, carbon monoxide poisoning cases, long-term asbestos exposure, talc exposure, benzene and various other chemical exposure cases, as well as other toxic tort and environmental clean-up actions. These cases include complex tort matters which present a variety of novel legal, medical and scientific issues.

For instance, Jeffery Carlson defended a major distributor of chemicals in a case alleging ground water contamination. The 223 plaintiffs claimed that chemicals leaked from a retention pond into wells used for drinking water and other household uses. The plaintiffs claimed a spectrum of maladies, including respiratory ailments, cancer and birth defects. After filing a Motion for Summary Judgment based upon the sophisticated user defense, we were able to obtain a free dismissal on behalf of our clients in this litigation.

And, lawyers in our firm provided a joint defense in a multiple chemical exposure case. Over 100 plaintiffs alleged a variety of injuries from long-term occupational exposure to over 150 chemicals. This case involved the chemical soup synergy theory, i.e. that if the combination of several chemicals has a synergistically harmful effect, the manufacturers may be liable even if the products, considered separately, are not toxic. This case was settled on behalf of our clients for a nominal sum per plaintiff.

Recently, we defended a chemical manufacturer in the General Dynamics and Hughes missile system litigation wherein plaintiff's injury was testicular cancer, which metastasized to other organs, including the brain. Plaintiff alleged that while he was working on the Tomahawk Missile, he was exposed to MEK, trichloroethane, polytetrafluoroethane, epichlorhydrin, polysulfide sealants and zinc chromate, among other materials. We settled the case for a nominal sum.

And, we defended a kitchen equipment manufacturer in a Superfund cleanup action in Southern California involving trichloroethane (TCA). We were able to successfully extricate our client, who allegedly caused toxic contamination to various properties following alleged improper toxic disposal, by means of a Motion for Summary Judgment.

We formed and represented a joint defense group consisting of four corporations in the L-tryptophan litigation, involving death and profound neurological damages as a result of EMS after ingesting L-tryptophan nutritional food supplement. Jeffery Carlson served as National Coordinating Counsel for these four corporations.

Recently, we defended a mirror manufacturer in a lead case. The contention was that a child suffered brain damage, mental deficit, birth defects, as a result of lead exposure from the manufacturing process of a mirror. The matter was resolved to the satisfaction of our client and our carrier.

Also, we recently handled a methyl bromide case alleging catastrophic neurological injuries in which we successfully obtained a dismissal for a waiver of costs during trial and subsequently obtained a free dismissal from a recalcitrant co-defendant's cross-complaint.

We successfully defended a case involving a railroad worker who was exposed to a large cloud of chlorine gas and subsequently developed restrictive airway disease (RADs). We were able to negotiate an extremely favorable settlement in this case.

We successfully defended a manufacturer in a case in which plaintiff is alleging she developed interstitial lung disease as a result of exposure to carbon dust and other workplace contaminants. We negotiated a favorable settlement in this matter.

We have also assisted clients in fling Amicus Briefs in California Appellate Courts and the California Supreme Court in toxic tort litigation issues. Our firm is a member of the Joint Neutral Defense Initiative (JNDI), a group of approximately 20 insurance carriers interested in the joint defense of toxic tort cases. Our lawyers and staff are skilled in the cost-effective management of complex litigation.

Our lawyers have tried cases against leading mass litigation plaintiff's lawyers throughout the United States and have appeared and tried cases before many different federal and state judges nationwide in our various coordination roles for various clients.