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Environmental-Toxic Torts
Berger Kahn's attorneys have extensive experience handling complex, multi-party environmental coverage and litigation matters. We counsel and represent a broad range of clients – including some of the nation's most prominent insurance companies – in environmental and toxic tort claims involving the federal Clean Water Act, Clean Air Act, Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund), and the California Environmental Quality Act.
The Environmental Group practices in all areas of environmental law including traditional pollution claims, toxic tort and mold claims, and other claims alleging exposure to various toxic substances. We are experienced in analyzing complex coverage issues as well as defending against individual cases, class actions, and other complex multi-plaintiff cases, in both federal and state courts throughout the country.
Berger Kahn has been highly successful resolving environmental cases at an early stage through dispositive motions or favorable settlements. When litigation is necessary, we apply aggressive litigation skills in pursuit of our clients' business objectives. Our environmental experience, litigation skills, and trial experience make Berger Kahn one of the nation's leading law firms in this area of practice.
Berger Kahn’s environmental practitioners regularly lecture, author articles, and provide expert commentary to leading business publications.
Representative Matters
- Negotiated favorable settlements in two related toxic tort cases involving more than 350 plaintiffs who alleged injury from exposure to an agricultural pesticide containing metam sodium.
- Successfully represented an underground storage tank installer that resulted in the publication of leading cases in the area of RCRA liability (Zands v. Nelson (1991) 799 F.Supp. 1254 and Zands v. Nelson (1992) 797 F.Supp. 805).
- Defended numerous dry cleaners in environmental litigation involving the releases of perchloroethylene. Currently represent two insurance carriers and their insured in major complex groundwater contamination litigation involving 30 parties and cutting-edge liability issues. Plaintiffs are alleging more than $250 million in damages involving PCE.
- Successful defense resulted in favorable settlement of mass toxic tort litigation lasting six years brought by 125 homeowners alleging groundwater contamination from hundreds of hazardous waste substances taken to nearby municipal waste site. Managed joint defense on behalf of 140 corporate clients.
- Successfully defended a chemical manufacturer at a seven-week trial against claims of exposure to toxic fumes and chemicals from pesticides.
- Obtained summary judgment on behalf of two chemical companies in 80 non-consolidated cases brought by homeowners alleging groundwater contamination from exposure to DBCP and other hazardous chemicals.
- Successfully obtained summary judgment on behalf of manufacturer against claims alleging fatal exposure to welder of silica.
- Obtained summary judgment on behalf of chemical company against claims alleging exposure to toxic fumes from new carpeting.
- Successfully defended property insurers in numerous cases involving first-party property insurance coverage for contamination allegedly caused by catastrophic sewer backup and resulting mold proliferation.
- Closely monitored and advised insurance company client in connection with major soil and groundwater contamination litigation involving cyanide exposure.
- Counseled and assisted several property insurers in soil and groundwater contamination claims involving California Superfund sites.
- Successfully defended an oil and gas service company that operated a car wash against groundwater contamination claims of residential property owners.
- Represented an international design center against claims of exposure to hazardous fumes.
- Analyzed coverage issues and prepared dozens of opinion letters on the application of pollution exclusions and other exclusions involving contamination and pollution, including "sick building" claims.
- Defended insurance company clients in numerous toxic tort and environmental contamination matters involving claims for personal injury and wrongful death from chemical exposure, soil, groundwater, surface water, and air contamination, injuries from silica exposure, asbestos, alleged toxic mold and other types of fungus.
CONTACT:
Gene A. Weisberg
gweisberg@bergerkahn.com
(310) 821-9000
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