A substantial part of Dechert’s complex litigation practice is the defense of toxic tort claims. We have represented clients from the chemical, food, fragrances, consumer products, building products and other industries in their most challenging personal injury, property damage and medical monitoring claims, involving everything from asbestos to zinc.
Our deep understanding of the sciences involved in toxic tort claims enables us to prepare defense experts and cross-examine plaintiff experts effectively. Our extensive courtroom experience effectively presenting our clients’ cases drives our success in resolving toxic tort claims, many before trial. Clients benefit from our close working relationship with an international network of experts on a wide range of subjects, including toxicology, epidemiology, safety engineering and regulatory schemes.
We combine our knowledge of the sciences and medicine with a keen understanding of the evolving principles of tort law, litigating cutting-edge issues involving market-share liability, public nuisance, medical monitoring and environmental justice-facility siting proceedings, among others. That same combination of knowledge and understanding supports the creation of a cost-effective Daubert and summary judgment motion strategy and is a prerequiste to the presentation of a credible, understandable case to the jury.
Dechert’s trial lawyers bring dynamic skills to court in defense of sellers of products that present environmental, occupational or alleged consumer exposure. Our trial teams have prevailed in several of the most challenging jurisdictions, overcoming damaging professional expert testimony and alleged “smoking gun” documents. We have defended claims involving accidental chemical releases, respirable particles exposures, alleged toxic metals ingestions, workplace inhalation hazards, radiation claims and consumer complaints.
An important function of the toxic torts team is offering risk assessment and mitigation counseling to clients in a variety of industries who face potential toxic tort litigation exposure and evolving issues, such as those involving Bisphenol A (BPA) and nanotechnology. Working with PLAC, WLF, ALI and other organizations, we have advocated for tort reform and weighed in as amicus curiae on many of the most significant toxic tort issues confronting our clients and their industries.