Capabilities
Product Liability Litigation

Chemicals and Toxic Tort

We represent a broad spectrum of businesses around the globe that manufacture, process, distribute, and use chemical substances, pesticides, biochemicals, and antimicrobial products, including nano-scale materials and genetically modified materials. Such industries have been targeted in private litigation from a variety of sources relating to toxic tort and product liability, intellectual property, or environmental and occupational health and safety considerations. Further, these sectors increasingly are subject to a variety of existing and emerging regulatory requirements worldwide.

Our lawyers routinely advise clients concerning their obligations pursuant to the full range of national and international environmental requirements concerning the regulation of commercial chemicals, pesticides and biocides, and the industrial and consumer products that contain these substances. Our experience advising clients in these sectors covers not only litigation matters, but also the regulatory requirements of all the major pertinent federal statutes in the US, including TSCA, FIFRA, EPCRA, and OSHA, as well as state regulatory programs such as Proposition 65 in California and international requirements such as REACH.

Our toxic tort litigators have proffered, deposed, and debunked many of the field's leading experts in a multitude of scientific and other expert disciplines. We have defeated class certification in federal and state cases across the US. Our experience enables us to counsel clients on ways to minimize exposure after liability-creating conduct has occurred, but before litigation is initiated. We help clients analyze and assess exposure; consider proactive measures; unify, simplify, and ensure the accuracy of the company's public "voice"; get on top of the scientific and technical issues; and develop, if need be, an integrated, coherent litigation strategy.

Our toxic tort team has been recognized among the strongest anywhere, and several of our lawyers have been singled out for high commendation in the fields of toxic tort, class action, and product liability defense. Outside of our environmental toxic tort litigators, the firm has a deep bench of lawyers who have been lead or national counsel to numerous companies in major mass tort litigations, including Wyeth (formerly American Home Products), Philip Morris USA and its parent Altria, Atlantic Richfield Company, The Red Cross, Motorola, and Hoffmann-LaRoche.

Experience

Fortune 500 energy company In re Methyl Tertiary Butyl Ether (MTBE) Products Liability Litigation (MDL 1358)

Serving as co-national coordinating counsel and lead counsel for cases originating on the West Coast in ongoing national MDL proceedings involving the gasoline additive MTBE.

Atlantic Richfield Co. Litigation arising from alleged contamination of a private water supply

Argued successfully that no actionable damage existed in water wells containing MTBE concentrations that did not exceed state regulatory or reporting limits.

Major electric utility Defense of several environmental matters

Defending electric utility in several ongoing lawsuits brought in connection with a spill from one of its plants into the Delaware River.

Atlantic Richfield Co. Thomas v. Atlantic Richfield Co., et al.

Obtained jury defense verdict in matter involving personal injury claims against lead pigment manufacturer.

Atlantic Richfield Co. Jackson v. Glidden, et al.

Defended against complaints seeking medical monitoring, abatement and other relief for a class of all Ohio children with elevated blood lead levels.

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Perspectives

Green Chemistry Locally Grown: Are You Prepared For New York County Toxic Free Toy Acts?
Arnold & Porter Advisory
States Will Lead The Way On Chemical Regulations In 2015 (pdf)

Environmental Law360. Also ran in Consumer Protection Law360, Product Liability Law360, Public Policy Law360, and Retail & E-Commerce Law360.

How Will Halliburton Affect Product Liability Cases? (pdf)

Product Liability Law360. Also ran in Appellate Law360, Class Action Law360 and Securities Law360.

California Proposes First Products to Be Targeted for Green Chemistry Treatment

Seller Beware: Consumer Protection Insights for Industry

At a Fair Remove: Key Trends in the Search for a Favorable Venue (pdf)

Bloomberg BNA's Product Safety & Liability Reporter. Also ran in Class Action Litigation Report.

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Recognition

The Legal 500 US
Product Liability and Mass Tort Defense: Toxic Tort (2011-2015)
Overview

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