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Toxic Tort

Gordon & Rees, LLP represents numerous oil and chemical companies in the Western United States in toxic tort and products liability actions involving claims for personal injury and wrongful death. Many of the cases we handle involve dozens, hundreds, and even thousands of claimants. We are also involved in many single plaintiff, single defendant cases as well.

The central allegation in these cases is that plaintiff (or deceased relative) was exposed to a toxic chemical allegedly supplied by our clients and as a result developed serious injuries or died. The most frequent types of injuries are leukemia and diseases of the blood-forming organs; cancers and solid tumors of principal organs (e.g., lung, bladder, brain); brain injury; peripheral nerve injury; and lung disorders (e.g., Reactive Airway Dysfunction Syndrome ("RADS") and other irritant-induced asthmas, and the asbestos-related diseases).

The source of the chemical exposure can be a worksite, a consumer product, a landfill, a manufacturing facility, or a general environmental release. The chemical products include various solvents (e.g., benzene or chlorinated solvents), gasoline and its constituents; motor oils, other lubricants and specialty motor blends and additives; heavy metals such as arsenic and vanadium; agricultural chemicals including pesticides such as 2,4 D; and fibers (e.g., asbestos) and silicates. We have also developed expertise in the field of indoor air quality and "sick building" syndrome.

Gordon & Rees has been particularly successful resolving cases at an early stage through dispositive motions. We pay particular attention to and have extensive experience in exposing and excluding proposed "junk science" expert opinion. Nevertheless, some cases are not amenable to early resolution. Gordon & Rees has successfully tried a substantial number of toxic tort cases to jury verdicts.

We have also developed and maintained contacts with leading national experts, including forensic toxicologists, oncologists, immunologists, and industrial hygienists. We also have an extensive collection of testimony transcripts from leading plaintiffs' experts to draw upon when cross-examining and deposing plaintiffs' experts in various jurisdictions.

Gordon & Rees is unique in that our understanding of the science and medicine, on which these cases turn, permits us efficiently to organize the defense and to communicate with clients. Our lawyers include former toxicologists, epidemiologists, and OSHA Inspectors. Such real world expertise allows us to focus and identify key information and allows for effective presentation to juries and courts.

Information on Mold and Environmental

Representative Toxic Tort Cases

Litigation:
  • Represented producers of agricultural chemicals in actions brought by municipalities and by private citizens.
  • Representation of manufacturers of petroleum products in numerous toxic tort and environmental contamination lawsuits
  • Represented manufacturers of dry cleaning machinery in environmental contamination suits, and the City of Los Angeles, as well as several major petroleum producers, in Proposition 65 suits concerning the Ports of Los Angeles and Long Beach.
  • Defense of numerous actions for contamination of soil, groundwater, surface water, and air.
Administrative and Regulatory Matters:
  • Avoidance or limitation of environmental liabilities in property transactions.
  • Permits, entitlements, and variances.
  • Indoor air permitting and review.
  • Advocacy before local planning boards regarding state Environmental Impact Reports (EIR) and federal Environmental Impact Statements (EIS).
Compliance and Counseling:
  • The Group's counseling compliance practice and expertise encompasses a broad range of federal, state and local environmental laws, and includes development of environmental audit programs, regulatory and SARA reporting obligations, and endangered species issues.

 

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