Overview
Clinton & Clinton has achieved extensive success in the defense of its clients against toxic tort claims of serious personal injury and damage allegedly caused by exposure to chemicals, abrasives, microbial organisms and other particulate matter, including mold, asbestos, silica and welding fumes. We have successfully defended manufacturers and distributors of abrasive materials against toxic tort claims of significant occupational injuries allegedly caused by exposure to chemicals and abrasives during the course of employment. This litigation, typically designated by the courts as complex, includes allegations of manufacturing and design defects, negligence, fraudulent concealment and battery and involve diverse legal and factual issues requiring extensive knowledge of abrasive and chemical products, analysis of the alleged disease in relation to the alleged exposure, pulmonology and pulmonary pathology analysis of biological evidence to negate causation, and industrial hygiene analysis for exposure assessment. We have developed expertise in defending clients against allegations of defective manufacturer warnings in an occupational context.
In those cases involving allegations of toxic mold infestation and exposure, we have successfully defended owners and lessors of land, contractors involved in habitational construction, and homeowner associations against significant claims of personal injury and property damage. Through aggressive litigation and the retention of qualified experts, we attack the requisite element of causation, often times resulting in the exclusion of scientific evidence necessary for proof of personal injury caused by exposure to toxic mold. Our defense of clients against toxic torts has resulted in dismissals, summary judgments and successful settlements primarily because of our fusion of legal expertise and education in the environmental sciences.
The firm's access to medical and scientific experts is invaluable in the defense of claims in this area of law. Our commitment to technology also allows the firm to use databases to keep track of claims and evidence in mass tort cases involving thousands of plaintiffs.
