Toxic Tort Defense

Johnson & Bell’s Toxic Tort group is comprised of attorneys who try and win a broad range of complex claims, including those involving exposure to asbestos, benzene, diacetyl, diatomaceous earth, electromagnetic fields, tainted foods, heavy metals, hexavalent chromium (CrVI), lead, mold, pesticides, paints and coatings, silica, various industrial solvents, and welding rod fumes, among others. Over the past three decades, our attorneys have successfully defended numerous high-profile cases involving disasters, chemical exposures, accidents, and environmental contamination in state and federal courts throughout the country, including California, Colorado, Florida, Illinois, Indiana, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, New York, North Carolina, Ohio, Tennessee, Texas, Wisconsin, Wyoming, and Puerto Rico

Current matters include representation of two of the country’s major oil companies in their onshore and offshore oil rig litigation, representation of a mining company involved in silica litigation, representation of manufacturers of chemicals and products allegedly creating toxic exposures, and representation of the world’s largest oil company in allegations that cancer is caused in some of its refineries and chemical plants. The Toxic Tort group also works extensively with one of the largest manufacturers and distributors of paints and coatings as a member of its national asbestos trial team.

The Toxic Tort group also serves as national coordinating counsel and regional counsel for a variety of Fortune 200™ clients in “bet the company” cases. In these roles, the firm creates the document databases and builds the evidence necessary to coordinate national strategies, manages discovery nationwide, develops the science at the root of most of these cases through expert witnesses, and serves as lead or local counsel at trial. Our attorneys are regularly engaged with the nation’s leading scientific experts and have been successful in excluding claims based on junk science.

After voluminous oral and written discovery, obtained summary judgment in favor of premises owner for alleged exposure to asbestos which occurred during the initial construction of a grass roots refinery. In a case of first impression, summary judgment was upheld by the First District Court of Appeals which articulated the duties owed by premises owners in Illinois to independent contractors in the context of alleged exposure to asbestos. The Court held that the refinery owner was not liable to plaintiff for the alleged exposure to the asbestos-containing materials with which he and other construction workers were working. Gregory v. ExxonMobil, 892 N.E.2d 563 (Ill. App. Ct. 1st Dist. 2008).

Received not guilty verdict following three week trial in representation of manufacturer in a case involving 10 plaintiffs who alleged that they developed silicosis as a result of exposure to diatomaceous earth in the Bloomington, Illinois, Unarco plant and asked for $6.3 million in damages.

Obtained directed verdict on behalf of manufacturer of a rail car containing yellow phosphorus that ruptured in a train derailment. The directed verdict was preceded by a settlement during trial on behalf of the co-defendant railroad for $16 million.

Successfully represented the world's largest producer of chromium chemicals in a suit alleging conspiracy over a period of many years by the company and its trade association to supress information about the cancer-causing potential of sodium dichromate, a hexavalent chromium VI compound.

Successfully represented tank car manufacturer in lawsuit filed by residents alleging exposure to oxides of nitrogen and various ailments release of chemicals into community.

Obtained favorable settlement on behalf of two coatings manufacturers in a case where plaintiffs claimed that the 97 deaths and more than 200 injuries arising from a New Year's Eve hotel fire in San Juan were attributable to hydrogen cyanide off-gassing from the products.

Successfully defeated criminal charges and obtained favorable settlement in civil case on behalf of directors of company in case that was brought against them for one death and 28 injuries resulting from cyanide exposure in plant.

Filed first motion that led to the establishment of the nation’s first deferred dockets for unimpaired asbestos claimants (also know as “Pleural Registries”) in Cook County, Illinois, and in the U.S. District Courts for the Northern District of Illinois and the Eastern District of Wisconsin.

Obtained summary judgment for defendant in welding rod fume claims in Madison County, Illinois and dismissals of numerous cases in U.S. District Court for the Northern District of Ohio welding rod MDL, based upon court’s peripheral defendant order.

Successfully defeated conspiracy claim alleging that client had conspired with others in industry trade association to suppress dangers of hydrochloric acid and other chemicals. Redelmann v Claire Sprayway, 375 Ill.App.3d 912, 874 N.E. 2d 230 (1st Dist. 2007).

Obtained summary judgment on behalf of client based on exclusion of expert testimony under Daubert analysis. The Indiana Court of Appeals affirned the trial court’s finding that plaintiff’s experts had failed to negate other possible causes of the plaintiffs' illnesses and that the testimony therefore was based on a mere alleged temporal relationship. Hannan v Pest Control Services, 734 N.E.2d 674 (Ind. Ct. App. 2000).

Successfully argued before the Supreme Court of Appeals of West Virginia, that trial court dismissal of 3,700 asbestos cases based on federal preemption was proper. In Re: West Virginia Asbestos Litigation, 215 W. Va. 39, 592 S.E. 2d 818 (W. Va. 2003).