Objective: Solutions to Toxic Tort and Complex Asbestos Litigation

Injury claims from asbestos, silica, mold and other toxic exposures are an ongoing liability for California businesses and insurers.  Asbestos litigation is the nation's most enduring mass civil litigation. 

As litigation frameworks and standards have evolved during decades of lawsuits, Archer Norris has established itself as a powerful presence in California asbestos and toxic torts litigation. 

We have defended a high volume of cases - more than 1,000 asbestos-related claims alone - and regularly handle two party, mass and class actions in a range of toxic exposure lawsuits. 

Strategic Approaches to Toxic Tort Claims

Early case dismissal.  Cost efficient settlement. Defense jury verdicts.  Our clients' goals run the gamut and our experience and practice versatility support them all. Our background includes:

• Asbestosis, mesothelioma and silicosis defense of contractors, subcontractors, shipyards, railroads and industrial manufacturers, including more than 20 trials in this area in just the past five years.  
• Benzyne, toluene, tetrachloroethylene (PCE) and water contamination
• Legionnaire's  Disease
• Blood and foodborne illnesses such as E.coli  
• Welding fume and manganese injuries
• Mold exposure 

Archer Norris evaluates cases strategically and individually, eliminating risks, reducing damages to nominal amounts, and clearing threats of future litigation.  

Science and Toxic Exposure Litigation

Science and technical evidence are pivotal to toxic exposure cases. We access our network of world-class experts in medicine, science and manufacturing, a resource that creates a distinct advantage in our defense of clients.  

Frequently, following a well-worn settlement script will not achieve our clients' goals.  Archer Norris attorneys skillfully devise alternative theories to commonly held, expert assumptions. We assertively challenge the plaintiffs' bar to obtain favorable case outcomes in negotiations and at trial.

Toxic Torts and Complex Asbestos Litigation Representative Matters

• Asbestos - Successful defense in a high volume of asbestos claims against individual, multiparty and class action defendants, including construction contractors and subcontractors.  In-depth experience handling multijurisdiction issues in complex asbestos cases and defending both target and tangential players.   
• Benzyne - Defended independent oil company against claims made by survivors of a deceased plaintiff, a tree trimmer, alleging that benzyne in his trimming machine's gas exhaust caused his fatal leukemia.  Using a sophisticated argument in court filings, we achieved a zero payment settlement and shut down future litigation threats.
• Mold - An emergency room physician alleged serious injury due to mold caused by his hospital's ventilation system and sued the HVAC contractor, an Archer Norris client. Following the results of a rigorous investigation that undermined the physician's claims, the case was resolved for a fractional amount prior to a decision on summary judgment.
• Toxic and Environmental Torts - Defend private business owners, employers and insurers in  numerous claims of injury caused by exposure to benzyne, toluene, silica, tetrachloroethylene(PCE), water contamination and welding fumes.
• Crossover Mold Injuries - Represented three property management/ownership clients facing plaintiffs' allegations that they became asthmatic from mold caused by an undiagnosed roof leak in the clients' building. We undermined the credibility of expert testimony on the linkage between mold and serious permanent physical injury, and obtained a defense verdict in the three-week trial. The matter was a nominee for Alameda County's Trial of the Year.
• Legionnaire's Disease - Representing a Southern California commercial building owner in a mass claim alleging injuries caused by legionenella pneumophila bacteria on his property.
• Asbestos/Toxic Torts - Defended the manufacturer of clutch brakes, one of several defendants in an asbestos exposure case.  In a strategically timed defense, we analyzed chemical breakdowns and product specifications to achieve case dismissal for our client and save substantial litigation costs.
• Groundwater Contamination - Represented a private business owner, a drycleaner, on behalf of its insurer, in a dispute with a California municipality over coverage and cost of investigation and remediation of groundwater contamination by PCE. This complex case involved arguments before the Supreme Court of California, multiple defendants and federal environmental regulatory law.  We reached a favorable settlement that mitigated our client's risk exposure and preserved business operations.  
• Foodborne Illness - Managed complex coverage issues for insurers involved in high-profile E.coli outbreak traced to spinach salads in a Wendy's fast-food restaurant.  The case, which involved three deaths and 80 injuries, was resolved by negotiating favorable terms for the insurers of the produce growers and shippers.

FAQ

How do you manage toxic exposure claims?
Our multifaceted approach includes a strong defense, client advocacy and preventive counsel.  We identify clients' goals, assess critical facts and harness cutting-edge litigation resources.  As well-known and respected members of the toxic torts defense bar, Archer Norris attorneys are effective at countering the ever-changing game plans of plaintffs' counsel.  Armed with resources amassed over decades of defending these claims, we have built an impressive on-site library and legal network in this litigation field.  We also work with our clients to prevent future litigation and provide educational materials and presentations that help clients establish a safer environment and avoid future claims.

Do you use any cost-efficient techniques, such as a settlement matrix?
Archer Norris is committed to cost-effective measures in complex, mass tort litigation such as asbestos and silica. On behalf of several clients, we have successfully negotiated agreements pursuant to a settlement matrix with major plaintiff firms handling asbestos litigation. Disposing cases under a settlement matrix, for certain clients in specific situations, has proven to save time and costs in potentially high- exposure cases. Matrix-type agreements also dispose of cases involving no potential for liability quickly and efficiently.