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ENVIRONMENTAL
AND TOXIC TORT LIABILITY
From benzene to breast
implants, from formaldehyde to pesticides, the breadth of
toxic litigation is expansive. Defending these complicated
and challenging cases requires scientific expertise, courtroom
experience, and tenacity.
Adams | Nye | Becht LLP's approach to toxic litigation is not
just something better it is something different. Our
attorneys have defended scores of cases involving benzene,
formaldehyde, DBCP and other pesticides, as well as lead,
solvents, printing products, paints, silicone, silica, mold,
diet drugs and other alleged or actual toxins. No California-based
law firm can match our experience in this field.
Personal
Injury Actions
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In the early 1980s, experienced and
well-financed plaintiffs' counsel made the first California
claim for medical monitoring in a toxic tort case. The
alleged toxin was DBCP, a widely used pesticide/nematocide
alleged to cause cancer. Our lawyers defeated the class
action allegations and ultimately extricated our Fortune
500 client from this time-consuming, expensive, and pioneering
lawsuit. |
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In the late 1980s, seasoned plaintiffs'
counsel retained hundreds of thousands of dollars worth
of national experts to try one of the first benzene/leukemia
wrongful death cases in Northern California. Our lawyers
were there, and after all other defendants had settled
out, we tried the case to a defense verdict on behalf
of our oil company client. The client has never received
another benzene/leukemia claim, and these cases have nearly
disappeared from the Northern California landscape. |
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In 1993, a forty-year-old plaintiff
confined to a wheelchair and breathing from an oxygen
tank, filed one of the most serious and dangerous formaldehyde/multiple
chemical sensitivity cases ever brought in Northern California.
Bringing extensive toxic tort experience to this multiple
defendant case, we organized the joint defense of this
case, recruited the joint experts, marshaled settlement
contributions from all of the defendants, and ultimately
achieved a settlement for our client which was far less
than the potential verdict and avoided added costs of
defense. |
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In 1994, the first California lead paint
case went to trial in San Francisco. Adams | Nye | Becht LLP mounted a successful defense. While
the plaintiffs received their property remediation costs
(which were largely uncontested), we turned back millions
of dollars in emotional distress claims and hundreds of
thousands of dollars in claimed attorneys' fees. |
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On multiple occasions, Adams | Nye |
Becht LLP has represented defendants
in cases in which mold contamination of a home or other
building is alleged to have caused property damage or
physical injury. Our successes include the resolution
of actions in which millions of dollars of damages were
alleged for chronic fatigue syndrome which was contended
to have been caused by mold in office ventilation ducts.
After filing a motion for summary judgment, the cases
were settled for a negligible amount. |
Environmental
and Agency Actions
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We have an extensive background representing
industries in environmental and agency action litigation
involving chemicals, petroleum products, tank leakage,
and soil/groundwater contamination. We successfully, vigorously,
and cost effectively represent clients in common law tort
actions (typically nuisance, trespass and ultra hazardous
activity allegations) as well as Proposition 65, RCRA,
and CERCLA litigation. |
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