Jenner & Block

Toxic Torts Class Actions

  • Defended individual and class action toxic tort cases alleging that contamination from former manufactured gas plant caused property damage and injured residents.
  • Represented a major municipal public housing authority in an environmental contamination class action filed by residents after elevated levels of toxins were found in the soil of the development.  We defeated plaintiffs’ motion for summary judgment by demonstrating that the existence of soil contamination levels that exceed state environmental standards does not establish, as a matter of law, an unacceptable risk to human health.  The case settled shortly thereafter on favorable terms.
  • Represented a leading defense contractor in multiple toxic tort class action and individual cases, including claims for medical monitoring, arising out of groundwater contamination near the Tucson, Arizona airport.  The cases were all dismissed or settled after defendants were awarded summary judgment on the causation issue.
  • Represented the private operator of a U.S. Army munitions plant in East Texas against toxic exposure claims by approximately 650 former workers.  The case settled.  We also defeated a motion for class certification in a companion property damage case.
  • Represented a leading chemical company against class action claims brought by residents who alleged they were injured physically and economically by air releases from a nearby chemical plant. The case did not receive class certification, and a jury trial resulted in the dismissal of plaintiffs’ claims.
  • Representation of a major gas pipeline company in settling several class actions in Louisiana and Tennessee relating to claimed PCB contamination, including claims for medical monitoring, personal injury and property damage.
  • Represented a major utility in an action for fraud and product defect claims related to nuclear steam generators installed at two plants. We retained several nuclear scientists to assist us, obtained key expert testimony from former heads of the Nuclear Regulatory Commission and achieved a settlement on behalf of our client.
  • Defense against a motion for class certification in a Southern Illinois case against a shipping company involving medical monitoring claims and allegations that plaintiffs were exposed to benzene as a result of a barge accident.
  • Represented a major gas utility regarding mass tort litigation involving alleged river and groundwater contamination by chemical releases.
  • Represented hazardous waste and related tort claims against a defense contractor arising out of the operations of key manufacturing facilities.
  • Defended utility facing legacy liability from a manufactured gas plant in a residential community against class and single plaintiff personal injury and property damage claims.  Also advised regarding site remediation.
  • Represented parties in an action against Consumers Power and the Nuclear Regulatory Commission, relating to the removal of spent fuel from Consumer Power’s nuclear plant facilities.  The matter was ultimately resolved by the Sixth Circuit Court of Appeals.