Toxic Tort and Environmental Litigation: Trends & Strategies for 2017 & Beyond
Along with the advancement in corporate industry is the increased in the number of dangerous and toxic substances in the environment, hence, intensifying toxic tort class action claims involving environmental and chemical exposures over the past few decades. While the courts already issued several key rulings on the litigation of toxic tort class claims, trends in toxic tort and environmental litigation are continuously evolving. Aside from the arduous task of tracing the source of the chemical or substance that caused or may have caused the injury, financial damages can reach up to millions of dollars.
Join a panel of key thought leaders and experienced toxic tort and environmental litigators assembled by The Knowledge Group as they bring the audience to a road beyond the basics of bringing or defending against toxic tort class claims and as they delve into an in-depth analysis of the current trends and recent court rulings involving toxic tort class litigation. Speakers will also provide the audience with practical strategies in bringing out the best in these lawsuits in a rapidly evolving legal climate.
Some of the major key topics will include:
- The Toxic Substances Control Act (TSCA) – An Overview
- Environmental Compliance & Transactions
- Class Actions Involving Toxic Torts – Recent Court Rulings and Litigations
- Discovery and Preparing Evidence
- Document Management
- The Chemical Data Reporting (CDR) Rule Requirements
- Import and Export Requirements under TSCA
- Liability, Violations and Penalties
- Recent Developments
John McGahren, Partner
Morgan Lewis & Bockius LLP
- Emerging Contaminants of Concern: Drinking Water
- EPA’s Unregulated Contaminant Monitoring Rule
- Highlighting litigation involving unregulated contaminants and state efforts to step regulate in the absence of EPA rulemaking
- E.g., New York – PFOA and 1,4-Dioxane
- Use of Experts in Toxic Tort and Environmental Litigation
- Exclusion of plaintiff’s expert testimony for failure to proffer “actual proof” to support causation opinions
- E.g., Abrams v. Nucor Steel Marion, Inc., No. 15-4422, 2017 WL 2297486 (6th Cir. May 25, 2017) (excluding toxicology expert for lack of reliability)
- Trends and Concerns Regarding Citizen Suit Enforcement Actions in the Trump Era
- Overview of Clean Water Act and Clean Air Act citizen-suit enforcement mechanisms
- Recent developments in the Environmental Protection Agency’s enforcement policies and the diligent prosecution of cases
- Impact of EPA’s new policies on the occurrence of citizen suits and significant topics in related litigation
Mark Friesz, Attorney
Darger Errante Yavitz & Blau LLP
- General Personal Jurisdiction Post-Daimler: The Status of “Consent by Registration”
- Lack of Personal Jurisdiction: Timing and Waiver of Dismissal Motions
- Asbestos - New York Causation Requirements and the Scientific Expression of Dose
Joseph S. Simpson, Attorney
Shumaker, Loop & Kendrick, LLP
Recent Developments in Environmental Nuisance and Trespass Litigation
- Class Certification
- Statutes of Limitations
- Permitted Activity
- Miscellaneous Issues
Steven F. Casey, Partner
Jones Walker LLP
- Design your discovery plan around plaintiff’s allegations
- Include comprehensive investigation of every possible source of plaintiff’s medical information—e.g., hospital records, physician records, school records, employment records & applications, military service documentation
- Involve client in locating documents it must produce early—don’t wait too late!
- Get experts involved early—often the most difficult part of this is knowing what types of experts to involve
- Expert discovery should include thorough “vetting” of opposition experts backgrounds, education, publications, prior testimony, research
- Document Management—
- If case & anticipated discovery warrants it, involve IT support from the outset
- Find a document management system that is both intuitive to those who will be using it and also affordable for your client, and one that makes sense for your case
- Be disciplined in input
- Use your document management system!
Who Should Attend:
- Product Liability Attorneys
- Environmental Lawyers
- Healthcare Attorneys
- Manufacturers and Processors
- Importers and Handlers
- Compliance Officers
- Risk Assessment Managers
John McGahren is the Princeton litigation practice leader and deputy chair of the firm’s global environmental practice. John counsels clients on litigation, enforcement, and transactional matters. He prosecutes and defends citizen suits, Superfund and RCRA disputes, Clean Water and Air Act litigation, state law actions, and natural resource damage claims. He represents clients in commercial litigation, products liability, toxic tort, and government contract claims. John frequently provides counsel on US federal and state regulatory matters and investigations.
John serves as a federal mediator for the District of New Jersey and as a state mediator for the New Jersey Supreme Court Civil Mediation Program. As part of his volunteer work, he has been a member of the board of directors of NJ Law and Education Empowerment Project, which empowers urban youth from underserved neighborhoods to perform at high academic levels.
Before practicing law, John was a licensed professional engineer in the US Environmental Protection Agency Region II Superfund program, working on sites in New York, New Jersey, and Puerto Rico.
John McGahren is the Princeton litigation practice leader and deputy chair of the firm’s global environmental practice. John counsels clients on …
Steven F. Casey is a senior partner in Jones Walker LLP's Litigation Practice Group and enjoys a diverse practice involving product liability, mass tort, insurance, banking, business and real estate disputes. He has extensive experience in pharmaceutical, toxic tort, electrical contact, environmental, and aviation cases, and has completed numerous jury trials. Mr. Casey recently successfully defended a generic pharmaceutical manufacturer in the first and only failure to warn claim to go to trial in the U.S. involving the drug metoclopramide (Reglan®).
Putting his undergraduate science degree to use, Mr. Casey currently defends major firm clients in mass tort claims of widespread mercury exposure and several class actions asserting claims for personal injury, property damage, and water pollution caused by perfluorinated chemicals (PFCs). He has also served as national counsel for a major pharmaceutical manufacturer in litigation involving several of its products and as regional counsel for many others.
Steven F. Casey is a senior partner in Jones Walker LLP's Litigation Practice Group and enjoys a diverse practice involving …
Joseph S. Simpson has extensive experience in environmental law, including litigation and regulatory counseling regarding environmental matters relating to air, water, solid and hazardous waste, pesticides, underground storage tanks and environmental indemnity. Additionally, he has extensive experience in personal injury, toxic tort, commercial and civil rights litigation. Joe has represented Fortune 500 clients concerning compliance in CERCLA/Superfund, RCRA, Clean Air Act, Clean Water Act, FIFRA, TSCA and other matters. In recent years he has served as counsel for a major petroleum company in litigation challenging the company's Clean Air Act permits for multi-billion dollar refinery expansion project. Joe also served as part of a team that successfully defended a major petroleum company in multi-million dollar litigation related to environmental representations and warranties pertaining to sale of a chemical plant. He is experienced in class action litigation, having defended a major oil refining company in a putative air pollution class action, defeating a motion for class certification and obtaining partial summary judgment and dismissal of claims. In the past, Joe has managed the nationwide CERCLA/Superfund litigation and administrative matters for major paper company. Joe also has extensive experience in environmental indemnity litigation. He has represented clients in the automotive, petroleum, rubber, glass, steel, utility, paper, agribusiness and household fixture industries.
Joseph S. Simpson has extensive experience in environmental law, including litigation and regulatory counseling regarding environmental matters relating to air, …
Mark Friesz is an experienced litigator who has successfully resolved hundreds of complex product liability and mass tort matters. He has extensive experience defending manufacturers of pharmaceuticals and medical devices, and defending cases alleging infrastructural failures, premises liability, and exposure to toxic substances including asbestos and lead paint. Currently, much of Mark’s practice at DEYB involves the aggressive investigation and defense of asbestos product and premises liability cases. Prior to joining the private sector, Mark served as an Assistant Corporation Counsel in the New York City Law Department’s Special Litigation Unit, where he also litigated high-profile mass tort cases. Mark has been recognized by Super Lawyers Magazine as a New York Rising Star and was recently named by The National Black Lawyers as one of its “Top 40 Under 40.”
Mark Friesz is an experienced litigator who has successfully resolved hundreds of complex product liability and mass tort matters. He …
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About Morgan Lewis & Bockius LLP
Founded in 1873, Morgan Lewis offers more than 2,000 legal professionals including lawyers, patent agents, benefits advisers, regulatory scientists, and other specialists—in 28 offices across the United States, Europe, Asia, and the Middle East. The firm provides comprehensive litigation, corporate, transactional, regulatory, intellectual property, and labor and employment legal services to clients of all sizes—from globally established industry leaders to just-conceived start-ups. For more information about Morgan Lewis or its practices.
About Jones Walker LLP
Since its inception in 1937, Jones Walker LLP has grown in size and scope to become one of the largest law firms in the United States, serving local, regional, national, and international business interests in a wide range of markets and industries. Approximately 390 Jones Walker attorneys have offices in Alabama, Arizona, the District of Columbia, Florida, Georgia, Louisiana, Mississippi, New York, Ohio, and Texas.
Jones Walker is a full service firm, committed to providing proactive legal services to major multinational, public, and private corporations; Fortune 500® companies; money center banks and worldwide insurers; and family and emerging businesses located in the United States and abroad.
As industries and businesses experience constant change, so does the legal profession; Jones Walker attorneys strive continuously to practice law with a high level of creativity and innovation to deliver the best possible legal representation given any crisis, market condition, or specific situation.
About Shumaker, Loop & Kendrick, LLP
Founded in 1925, Shumaker, Loop & Kendrick, LLP is a full-service business law firm with more than 245 lawyers, 60 paralegals and 500 employees in its five offices located in Toledo and Columbus, Ohio; Tampa and Sarasota, Florida; and Charlotte, North Carolina.
About Darger Errante Yavitz & Blau LLP
Darger Errante Yavitz & Blau LLP (“DEYB”) is a litigation firm based in New York City offering creative, practical and cost-effective solutions for the variety of issues confronting businesses today. As a boutique litigation firm, DEYB prides itself on being attentive, responsive and dedicated to its clients’ individual needs. The firm has a national reputation for expertise and success in managing and defending complex product liability cases, mass tort claims, and other business disputes for Fortune 500 companies, small businesses and individuals. DEYB attorneys have spent years developing and honing their legal skills at top law firms, and bring this “big firm” experience to every facet of their practice.