Toxic Tort

Clients turn to Arnold & Porter Kaye Scholer for our experience, acumen, and record of results in complex and high-stakes toxic tort litigation. We represent a broad spectrum of businesses with current operations or legacy liabilities involving diverse chemicals and numerous other contaminating materials. Cases have involved:

  • Chromium, arsenic, lead, lead paint, mercury, selenium
  • TCE, PCE, DCA, vinyl chloride, and other organic chemicals
  • Dioxins, dibenzofurans and daughter products
  • Uranium, radium, gamma radiation, NORM, and x-rays
  • PCBs
  • Hazardous air pollutants (HAPs)

National Counsel: We bring a deep bench of lawyers who have been lead or national counsel in major toxic tort litigations for industry-leading companies, including Philip Morris USA and its parent Altria, Atlantic Richfield Company, Honeywell International, The Mosaic Company, and Whirlpool Corporation.

Class Action Defense: Our attorneys are known for developing innovative ways to defeat class actions in federal and state cases across the US. In just the last 5 years, we have defended more than 120 class actions and other cases involving aggregate claims lawsuits. We have prevailed in cases seeking medical monitoring, property damage, and other claims by thousands of plaintiffs.

Risk Mitigation: Our experience enables us to counsel clients on ways to minimize exposure after liability-creating conduct has occurred, but before litigation is initiated. We help clients analyze and assess exposure; consider proactive measures; unify, simplify, and ensure the accuracy of the company's public "voice"; get on top of the scientific and technical issues; and develop, if need be, an integrated, coherent litigation strategy.

Leading Practitioners: Our toxic tort team has been recognized among the strongest anywhere; multiple firm partners have been singled out for high commendation in the fields of toxic tort, class action, and product liability defense. The Legal 500 US 2015 awarded our firm the "Winner in Litigation – Product Liability Defense."


Honeywell International Inc. Chromium sites in Jersey City

Large putative class action related to alleged chromium contaminated sites.

Honeywell International Inc. Tampa Toxic Tort Class Action

Defending against a purported 5,000 person class action, seeking property and other damages for alleged migration of TCE groundwater plume from former facility.

Atlantic Richfield Co. Uranium contamination

Defended large putative class action toxic tort matter related to copper mining operations

Major electric utility Robinson v. Ontario Power Generation Inc.

Represented client in transborder, air pollution toxic tort case filed on behalf of all residents of the Province of Ontario against operators of coal-fired power plants in the US and Canada.

Foster Wheeler TCE groundwater plume litigations

Class action suit, individual property damages suit, and wrongful death action arising from a TCE groundwater plume allegedly emanating from former manufacturing facility



The Legal 500 US
Arnold & Porter LLP received the 2015 Award for its Litigation - Product Liability Defense practice. Each year The Legal 500 US editors recognize one law firm as the leader in this practice area and eleven others based on the opinions of in-house lawyers interviewed. The editors of The Legal 500 noted that Arnold & Porter's Product Liability practice has "strong credentials acting as both strategic and trial counsel for an impressive array of clients." The award follows the release of The Legal 500 US's annual guidebook, which recognized 95 Arnold & Porter attorneys and 30 practice areas.

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