Our toxic tort and product liability litigators deploy legal acumen, creative strategy, scientific proficiency, regulatory expertise, skilled communication, and farsighted case management that makes a difference for our clients.
One word sums up the key difference between Beveridge & Diamond and other toxic tort and product liability litigators: science.
By definition, science is at the heart of every toxic tort/product liability case. Our litigators—like all of our lawyers—know the science involved in environmental matters down to the molecular level. And they understand that cases are often won and lost by litigators’ ability to lay the scientific groundwork for their argument. Many of our lawyers have scientific or technical degrees in addition to law degrees, enriching our ability to counsel clients on the interface of science, engineering, and law.
We also know the importance of communicating scientific evidence to others, particularly judges and juries. It’s vital to persuade judges not only that science favors our client’s position, but also that it doesn’t sufficiently support our opponents’ position. If a case gets to a jury, we know how to explain the science in a way that’s clear and enables jury members to see the case in terms of hard facts rather than opaque concepts.
But our science advantage extends even further. We save clients significant time and expense via efficient preparation and by shortening cases through beneficial early rulings on evidence admissibility—which frequently undercut plaintiffs’ arguments and slash their potential settlement demands.
There are several additional ways in which our toxic tort/product liability practice stands out. For example, we’re known for our creativity in finding ways to minimize or eliminate our clients’ risk exposure. We recognize that sometimes a case is the tip of a huge iceberg of potential litigation, requiring long-term strategic vision and heightening the necessity of achieving results with positive future implications early on.
We know that regulations play a role in every case—and draw on our firm’s deep reservoir of regulatory expertise. We maintain ongoing, cordial relationships with the plaintiffs’ bar, which can help our clients both directly and indirectly.
We defend large companies in virtually all industries against toxic tort and product liability claims. While the majority of clients tend to be in oil, chemicals, and manufacturing, we represent any type of company with actual or potential exposure to toxic tort liability or product liability.
Our toxic tort/product liability practice litigates cases involving a wide range of chemicals and related substances. These notably include ammonia, asbestos, benzene, chlorinated solvents, diacetyl, diesel range organics, dioxin, ethylbenzene, methyl tertiary-butyl ether (MTBE), pesticides, polychlorinated biphenyls (PCBs), polycyclic aromatic hydrocarbons, radioactive materials, rubber hydrocarbons, toluene, volatile and semi-volatile organic compounds, and xylene, as well as metals such as arsenic, lead, and mercury.
Many companies also engage us on a prospective basis to help them identify and either avoid or minimize potential future toxic tort liabilities. We counsel them on insurance coverage and other anticipatory defensive strategies, and help them design or manage their approach.
Expert testimony is often critical to science-based defenses. We know which experts to hire and how to work with them, and have longstanding relationships with leaders in the fields of epidemiology, exposure modeling, forensic chemistry, hydrogeology, industrial hygiene, medicine, multiple medical specialties, property damage valuation, remediation, risk assessment, state-of-the-art environmental engineering, toxicology, and vapor intrusion.
Our firm is a longtime supporter of the Defense Research Institute Toxic Tort & Environmental Law Committee, the CPR/Institute for Conflict Prevention Environmental Committee, and the Association of Corporate Counsel Environmental & Sustainability Network.