Our Services

Mass & Toxic Tort

Some of the most difficult, high-exposure cases filed today are not individual claims, but are mass tort cases filed by multiple (sometimes hundreds, if not thousands) of claimants.  These mass torts cases expose defendants to significant damage awards and can even threaten the viability of a business.  In response to these significant risks facing today’s corporations, Bryan Cave maintains a nationally and internationally recognized mass and toxic tort team comprised of experienced lawyers who have defended clients in such matters throughout the world.

Our attorneys have represented clients in all manner of multi-plaintiff cases such as with mass torts, toxic torts and class actions in diverse industries and circumstances.  We have defended landowners and manufacturers, including industrial chemical, energy and drug companies facing from tens of thousands of claims of toxic exposure.  We have litigated matters involving Agent Orange, asbestos, dioxin, lead, benzene, PCBs, volatile organic compounds, pesticides, and other alleged toxins and hazardous environmental substances.  We have defended pharmaceuticals and chemical products such as vioxx and diacetyl.  We also defend true environmental cases, including investigations and litigation involving hazardous waste, real property contamination, Superfund sites, air pollution and groundwater contamination.  Because these types of matters often involve environmental as well as litigation issues, our mass and toxic tort team consists of trial, environmental and regulatory attorneys who bring a wealth of experience to bear on the issues faced by our clients.

Our teams have prevailed in cases involving complex issues, novel arguments, multi-jurisdictional coordination, foreign courts and in particularly plaintiff-friendly venues such as Southern Illinois, California and the City of St. Louis.  We understand the importance of venue in today’s mass tort litigation and have been successful in novel and employing creative removal theories, as well as innovative venue and forum non conveniens strategies.  We are experts in addressing both the substantive and procedural issues that are key to defending mass/toxic tort cases, including statutes of limitations, statutes of repose, alternative theories of liability, concert of action, preemption, sophisticated purchaser, risk/utility analyses, comity and the interplay of foreign and domestic laws, as well as the apportionment of risk and contribution among multiple defendants and their insurers.

We are well-versed in and knowledgeable about expert witnesses in disciplines such as toxicology, medicine, risk assessment, hydrogeology, industrial hygiene, exposure modeling and pharmacology.  We also have extensive experience in presenting Daubert, Frye and other state court specific challenges that limit the admissibility of plaintiffs’ proffered expert witness testimony that falls below relevant evidentiary standards.  We have one of the largest class action defense practices in the United States.  Backed by more than 400 litigators worldwide, our mass torts and toxic torts team provides our clients with deep experience, critical mass and geographical reach.

 
Bryan Cave LLP and Affiliates