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Bryan Cave maintains a nationally recognized toxic tort team. Our attorneys have represented clients in all manner of toxic tort claims – ranging from environmental contamination cases involving entire neighborhoods to single plaintiff personal injury product and workplace exposure cases. We have 20 dedicated toxic tort partners leading teams in our offices around the country, including Atlanta, Chicago, Denver, New York, Boulder, Los Angeles, St. Louis, Southern Illinois and Phoenix.

Avoiding Litigation

Bryan Cave has a record of success in helping clients determine how best to approach and manage toxic tort risks, including conducting scientific studies; implementing effective and innovative remediation solutions; interfacing with regulatory agencies such as USEPA and OSHA; coordinating with insurance carriers; developing internal protocols; and pre-empting plaintiff litigation strategies.

Bryan Cave attorneys consistently aid clients in communicating effectively with the U.S. government and its citizens.  In fact, many Bryan Cave environmental attorneys previously worked for USEPA in lead management positions.  Bryan Cave attorneys have decades of experience helping clients procure insurance coverage.  Below are some examples of successful early phase strategies.

  • Represented food company that discovered its product had been contaminated by third party prior to sale.  Successfully developed and executed strategy to prevent any health hazards, mitigate risk, investigate causation and scope, comply with regulatory requirements and provide appropriate notifications. Convinced insurance company to pay for multi-million dollar loss.
  • Developed and oversaw scientific research and media strategy to respond to unfounded attacks by competitors that our client’s product contained harmful chemicals.  The competitors backed down.

Toxic Tort Litigation

Sometimes litigation is inevitable.  When that time comes, Bryan Cave lawyers are ready to build a successful defense. 

We understand the science applicable to many toxic tort exposure cases and we have the background and experience to learn the science surrounding new toxic torts quickly and efficiently.  We have defended claims involving a broad range of chemicals, including Agent Orange, benzene, dioxin, radioactive materials, BTEX, diesel range organics, PCBs, diacetyl, rubber hydrocarbons, ammonia, chlorinated solvents, pesticides, volatile and semi-volatile organic compounds, polycyclic aromatic hydrocarbons and metals such as mercury, lead and arsenic.

We also know which experts to hire and how to work with them to deploy a winning scientific defense.  We have long-standing relationships with experts in the fields of toxicology, epidemiology, medicine, multiple medical specialties, risk assessment, hydrogeology, forensic chemistry, industrial hygiene, state of the art, environmental engineering, exposure modeling, vapor intrusion, remediation and property damage valuation. 

We have prevailed in cases on a myriad of substantive and procedural defenses.  Our successes include: 1) winning Daubert and Frye challenges; 2) defeating class certification; 3) obtaining dismissal through the use of Lone Pine Case Management Orders; 4) barring claims on the basis of statute of limitations, statute of repose and preemption; 5) defeating novel causation theories, such as market share liability; and 6) many trial victories.

We have significant experience with multi-jurisdictional coordination.  We have served as national counsel for Fortune 500 companies coordinating extensive nationwide litigation, including serving as lead MDL counsel, regional trial counsel, national discovery counsel and national settlement counsel.  We are particularly adept at handling cases in plaintiff-friendly jurisdictions such as Madison County, Illinois; Los Angeles, California; and St. Louis, Missouri.  In fact, we have offices and experienced toxic tort attorneys in each of these locales.

Our current clients include companies in a broad spectrum of industries – chemical  manufacturers, refineries, industrial manufacturers, mine operators, agriculture, utilities, railroads, food companies and consumer good manufacturers, suppliers and distributors.

Specific Areas of Focus

For more detailed information on the geographic reach and depth of experience Bryan Cave offers clients facing toxic tort issues, please visit one of the representative experience pages below.