Jenner & Block

Toxic Exposure and Environmental Claims

Throughout the nation, we routinely defend manufacturers in the chemical, electronics, automotive and utilities industries against individual and mass tort personal injury claims and environmental claims. As a recent example, our Firm has been national coordinating counsel in connection with potential nationwide consumer and commercial claims related to alleged toxic chemical exposures, with principal responsibility for all potential commercial claims (including business interruption, lost profits or brand damages) from global industrial customers and their downstream business customers or commercial end-users throughout the nation. Jenner & Block attorneys have significant experience dealing with asbestos-related litigation. We have represented mining companies and manufacturers in defending asbestos product liability suits. We also have significant experience in defending against successor liability claims arising from asbestos litigation, have negotiated and litigated with insurance companies concerning asbestos claims coverage issues, and regularly advise major companies concerning strategies for minimizing potential liability related to asbestos claims.

The following are Toxic Exposure and Environmental Claims representative engagements handled by lawyers in our Products Liability and Mass Tort Defense Practice:

  • Exelon/Commonwealth Edison:
    • Defense of individual and class action toxic tort cases alleging that contamination from former manufactured gas plant caused property damage and personal injury in area residents; 
    • Defense of a statute of limitations issue in an asbestos suit filed by plaintiff more than two years after physician diagnosed asbestos-related lung disease.
  • A chemical company:
    • Defense of product liability litigation involving chemicals including chlorinated solvents and pesticides; 
    • Defense of company in groundwater contamination claims made by the federal government; 
    • Ongoing defense contractors claim that lymphoma was caused by benzene exposure at power plant.
  • General Dynamics Corporation: Defense of toxic tort claims relating to groundwater contamination; defense of claims brought by state, local and federal agencies concerning soil, groundwater, and sediment contamination; preemptive regulatory counseling and risk management on soil vapor intrusion/indoor air quality issues; advising on strategy to minimize environmental risks relating to emerging contaminates such as perchlorate and 1,4 dioxane.
  • Ferro Corp.: Defense of toxic tort actions involving childhood cancer cases due to alleged exposure to chemical plant emissions of vinyl chloride.
  • Honeywell International Inc.: Defense of lawsuit alleging fraud and property damage as a result of mold in school district buildings.
  • El Paso Gas: Defense of mass tort litigation involving alleged river and groundwater contamination by chemical releases.
  • McDermott, Inc.: Representation in asbestos-liability related bankruptcy case of its subsidiary The Babcock & Wilcox Co., a boiler and power generation equipment manufacturer, including successful defense against fraudulent transfer/successor liability adversary proceedings seeking in excess of $700 million.
  • Asbestos Corporation Ltd., Bell Asbestos Mines, and Atlas Turner, Inc.: Represent these Canadian companies, which mined and supplied raw asbestos fibers in asbestos product liability lawsuits in the United States.
  • Fortune 500 Companies: Serve as primary counsel advising several Fortune 500 companies concerning strategies for minimizing asbestos-related claims, negotiating and litigating asbestos insurance claims coverage issues, and administering nationwide asbestos litigation defense programs.
  • Dresser Industries: Defense of asbestos litigation.
  • GATX Corporation: Defense of company regarding toxic tort claims inv