Injury claims from asbestos, silica, mold and other toxic exposures are an ongoing threat to U.S. businesses and insurers.  Asbestos litigation is the nation's most enduring mass civil litigation. As litigation frameworks and standards have evolved during decades of lawsuits, Archer Norris has established itself as a powerful presence in California asbestos and toxic torts litigation. But our proficiency doesn’t end here – in our role as national coordinating counsel, we manage legal risks across 38 states.

Defending High Volume and High Risk Claims

We have defended thousands of asbestos-related claims alone - and regularly handle a wide variety of toxic exposure lawsuits.  Our clients' goals include early case dismissal, cost efficient settlement and defense jury verdicts. Archer Norris evaluates cases strategically and efficiently with an eye towards aggressively defending claims of liability, reducing damages to nominal amounts and clearing threats of future litigation.  

Reducing Litigation in Asbestos and Contaminants Exposure

Our experience includes handling claims involving asbestosis, lung cancer, mesothelioma, silicosis, and leukemia filed against contractors, subcontractors, shipyards, railroads and manufacturers. We have conducted more than 20 winning trials in this area in just the past five years.

Additional health hazard substances we regularly manage includes benzyne, toluene, tetrachloroethylene (TCE), PCE, and hydrocarbons. We also defend lawsuits involving Legionnaires’ Disease, blood and foodborne illnesses such as E.coli, welding fumes and manganese injuries, and mold exposure.

Expert Network for Refuting Causation Misconceptions

Scientific and technical evidence are pivotal in toxic exposure cases. We access our network of world-class experts in medicine, science and manufacturing - a resource that provides a distinct advantage when defending clients. 

We know that following a well-worn settlement script will not achieve our clients' goals.  Archer Norris attorneys skillfully devise alternative theories to challenge the plaintiffs' commonly held assumptions and obtain favorable case outcomes in settlement negotiations and at trial.

Contaminants

• Food Contamination - Secured a defense verdict for a leading supplier of specialty chemicals. Client faced allegations from a large food supplier that it was responsible for tainting nearly 20 million cans of fruit and $5.6 million in damages. The three-week trial ended in the plaintiff being found 90 percent at fault, entitled to nothing and responsible for the defense team’s attorney fees too.
• Automobile Dealership - Soil and Groundwater Contamination – Indemnity, trespass and nuisance claims dismissed against land owner of an abandoned automobile dealership.
• Automotive Parts Contamination - Statewide defense of national retailer of auto parts involving alleged spills and environmental compliance issues brought by State Attorney General and District Attorneys.
• Dry-Cleaning Fluid Remediation (PERC, PCE) - Represent various property owners of dry cleaning facilities, or near dry cleaners, in remediation activities.
• Foodborne Illness Liability - Defended numerous food-related liability claims involving toxicity, E.coli threats at fast-food chains, blood and AIDS infection.
• Fungus - Recovered full amount of note and fees secured by property destroyed by rare fungus.
• Hazardous Waste Recovery of Response Costs - Represented landfill operator in federal actions against hazardous waste generators for recovery of response costs under CERCLA and state law claims.
• Industrial Waste - Negotiated for potentially responsible party regarding liability for contamination from former smelter and slag waste site. Client was absolved of responsibility based on vigorous pre-litigation investigation and defense.
• Landfill Contamination - Defended large residential developer in CERCLA, trespass and nuisance, claims against landfill operators. Also negotiated with the Regional Water Quality Control Board to protect client’s interests.
• Legionnaires’ Disease and Airborne Contaminants - Representing building owner in Southern California against allegations of injuries attributed to Legionnaires’ Disease.
• Maritime Environmental Cost Recovery - Represented residential developer and municipality in CERCLA, RCRA and state law actions against former ship scrapping operators, US Maritime Administration, and other defendants for cost recovery for remediation of surface contamination.
• Omega Superfund Site, Southern California - Represented group of potentially responsible parties, including manufacturing facilities and municipalities, in US EPA negotiations and investigation.
• Pesticides - Helped client avoid taking title to property contaminated with pesticides while recovering full balance of note in default.
• Real Estate Development - Represented large residential developer in federal CERCLA, RCRA and state law claims against upgradient landfill owners, operators and generators.
• Cost Recovery - San Francisco Bay - Represented owner of property on San Francisco Bay in cost of response recovery action against ship scrapping operators, the federal government, Oil Company and railroad operator. Contamination included lead, copper, mercury, asbestos.
• Sheet Metal Fabricator - Soil and Groundwater Contamination – Achieved favorable settlement for fabricator facing CERCLA contribution claims in federal court.

Environmental Law and Litigation

• Environmental Mold Remediation Trial - Won a 12-0 defense verdict in a four-week trial for a remediation contractor facing allegations related to mold, sewage and personal injury claims on an Oakland Hills property. Client was awarded attorney costs which was affirmed on appeal.
  • Air Quality
    • Counseled hospital on air emissions compliance and resulting Notice of Violation.
    • Represented chrome plating company in enforcement action by local air district for excessive emissions and invalid source testing.
    • Evaluated and advised client regarding air emissions credits under air district cap and trade program.
    • Advised manufacturer of architectural coatings regarding enforcement of alleged violation of sell-through provisions for emissions-limited products.
    • Advised out-of-state manufacturers and retailers regarding compliance with stringent California emissions requirement.
• CERCLA - Contaminated Shooting Range - Represented estate of former owner of contaminated shooting range in defense of CERCLA and state law claims.
• Commercial Development Litigation - Represented large commercial developer in litigation involving contracting, hazmat removal, and investor suits.
• Cost Recovery - Department of Health Services v. Chevron – Defended major oil company in cost recovery action filed by state against numerous parties for sending waste oil from 1950 to 1980 to a waste oil recycling facility in Sacramento.
• Cost Recovery – Hazardous Waste - Represented landfill operator in federal actions against hazardous waste generators for recovery of response costs under CERCLA and state law claims. Cost Recovery – San Francisco Bay - Represented owner of property on San Francisco Bay in cost of response recovery action against ship scrapping operators, the federal government, Oil Company and railroad operator. Contamination included lead, copper, mercury, asbestos.
• Proposition 65 - Consumer Defense Group v. Shell Oil Company – Successful defense of BP West Coast Products in Prop 65 allegations involving inadequate landfill remediation and warning postings.
  • Proposition 65 Counseling and Litigation
    • Represented a wide range of in-state and out-of-state manufacturers and distributors in Prop 65 compliance.
    • Substances at issue include toluene, brass, paradichlorobenzene, lead chlorine, perchlorethelyne, benzene, methylene and jet aircraft emissions.
    • Defended international airline in Prop 65 suit by environmental groups alleging failure to warn airline passengers of hazardous chemicals.
    • Represented international and domestic kitchen appliance manufacturers for failure to warn of potential lead exposure.
• Real Estate Transactional Environmental Counsel - Advise television and radio company on environmental issues related to acquisition and disposition of properties.
• Recyclables – Solid Waste - Recovered millions of dollars litigating a claim for a solid waste company against its competitor for delivery of excessively contaminated mixed recyclables.
• Shopping Center - Provide environmental and landlord/tenant advice to major shopping center owner.

Toxic Tort and Complex Asbestos Litigation

• Asbestosis Defense Verdict - Scored a defense verdict from an Orange County jury for a leading manufacturer of stucco products. Case involved plaintiff’s allegations that he contracted asbestosis and asbestos-related pleural disease during his 40-year plastering career.
• Asbestos - Successful defense in asbestos claims against individual, multiparty and class action defendants.
• Asbestos/Toxic Torts - Defended the manufacturer of automobile clutches, one of several defendants in an asbestos exposure case. Dismissal of case saved our client substantial litigation costs.
• Asbestosis, Mesothelioma and Silicosis - Defense of contractors, subcontractors, shipyards, railroads and industrial manufacturers, including more than 20 trials in this area in just the past five years.
• Benzene - Defended independent oil company against claims made by surviving family of a tree trimmer, alleging that benzyne in the gas exhaust of his trimming machine caused his fatal leukemia. Achieved a zero payment settlement and shut down future litigation threats.
• Benzene, Toluene, Tetrachloroethylene and Water Contamination - Defend a high volume of cases involving exposure to these contaminants.
• Environmental Mold Remediation Trial - Won a 12-0 defense verdict in a four-week trial for a remediation contractor facing allegations related to mold, sewage and personal injury claims on an Oakland Hills property. Client was awarded attorney costs which was affirmed on appeal
• Mold - Obtained a defense verdict for multiple owners/managers of a property during a three-month trial involving claims of mold-related injuries.
• Mold Exposure - An emergency room physician alleged serious injury due to mold caused by his hospital's ventilation system and sued the HVAC contractor, who was our client. The results of our own rigorous investigation helped us resolve the case for a fractional amount prior to a decision on summary judgment.

Fast Facts

• Archer Norris has been actively defending a variety of insured and self-insured defendants in asbestos litigation for more than two decades. The number of cases defended to completion is well in excess of 1,000.
• Environmental attorneys skilled at negotiating in the complex arena of state and federal environmental laws, particularly with regard to water quality and contaminants. They can, and have, litigated to the U.S. Supreme Court.