Mass & Toxic Torts
Increased focus on environmental and health hazards associated with the production, handling, and disposal of hazardous materials has led to a sharp increase in mass personal injury and property damage litigation by individuals alleging harmful consequences from potential exposure to substances such as asbestos, toxic fumes or waste, byproducts of manufacturing and everyday household products such as lawn chemicals or prescription medication.
Our attorneys handle thousands of cases in state and federal courts involving exposure to a variety of allegedly toxic substances such as asbestos, lead paint, silica, TCE, and benzene. In addition, we defend companies and governmental agencies against allegations of injury due to hazardous waste sites. Barclay Damon clients have the benefit of a large litigation support team comprised of well-trained paralegals and legal assistants experienced with these types of claims.
In addition to toxic exposures, Barclay Damon has extensive experience counselling clients in a wide array of product recall issues. Our attorneys have successfully worked with an international manufacturer of security devices, an international manufacturer of electrical products, and several food manufacturers and distributors on product recalls and withdrawals. Our cross-disciplinary team addresses all aspects of a recall from initial investigation and evaluation, to development of an effective internal and external communication plan, to full and appropriate notice to actual and potential customers, all with an eye toward the ultimate successful defense of the company should a product liability case be brought and litigated.
Our team has extensive experience representing defendants that find themselves involved in multi plaintiff torts arising out of a wide variety of circumstances. The right skills and experience needed for defending class action or multi-plaintiff cases. Barclay Damon attorneys have been handling mass tort cases arising out of a variety of circumstances for over 30 years and can provide clients with the experience and counsel needed.
Specific examples of our attorneys’ experience include:
- Represented a local municipality in connection with the disposal of chemicals at a landfill by various companies with alleged personal injuries and diminution of property value.
- Defended through discovery and trial preparation a propane distributor in matters arising from an explosion resulting in multiple deaths, injuries and property damage.
- Represented a government authority in multiple mass torts, including alleged personal injuries and property damage arising from hazardous waste sites and improper operations resulting in flooding and property damage.
- Defended a nursing agency for alleged actions out of a multiple fatality fire.
- Successfully counseled an international manufacturer of security devices, an international manufacturer of electrical products, and several food manufacturers and distributors on product recalls and withdrawals.
- Represented a defendant with multiple lawsuits in state and federal court following the crash of Colgan Flight 3407.
- Represented a company that used beryllium in its manufacturing process in claimed exposure matters.
- Represented site owners, governmental entities and alleged material disposers in claimed toxic exposure cases.
- Representing plaintiffs in a variety of matters arising out of alleged exposure to toxic chemicals and waste including over 600 plaintiff’s in the first wave of litigation in the early 1980s from the disposal of chemicals at the Love Canal.
- Obtained summary judgment on behalf of a property owner to dismiss a claim of toxic lead exposure based on lack of notice and successfully defended the subsequent appeal by the plaintiff to the New York State Appellate Division and Court of Appeals.
- Represented an international renewable energy company in mass tort action brought by plaintiffs for alleged nuisance, property damages and personal injuries from exposure to wind turbine noise.
- Represented orthopedic surgeon in MDL 1014, the pedicle screw litigation, including arguing before the JPML that the cases pending with our client should not be incorporated into the MDL.
Mass & Toxic Torts Chair
Practice Area Alerts
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- New York District Court Attempts to Apply “Non-Cumulation” Clause Under New “All Sums” Allocation
- Court Of Appeals Significantly Expands Manufacturer’s Duty To Warn