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Environmental & Toxic Tort Litigation

The Environmental and Toxic Tort Practice Group has long been one of the most active practice groups in our litigation endeavors in the states of Pennsylvania, Florida, New Jersey, Delaware, Ohio and New York. Our environmental and toxic tort defense attorneys focus on the legal representation of defendants in toxic tort personal injury actions, environmental property damage claims, environmental remediations and insurance coverage disputes arising out of environmental or toxic tort matters.
 
Since the inception of toxic tort litigation, we have been heavily involved in a wide variety of such matters. Beginning in the mid-1970s, we represented Johns Manville Corporation, the largest manufacturer of asbestos products in North America, in all asbestos litigation in eastern Pennsylvania and southern New Jersey. Since the establishment of the Manville Personal Injury Settlement Trust in the late 1980s, we have served as Northeast Region Consulting Counsel for the Trust.
 
Personal Injury & Property Damage Asbestos
In addition, we have represented other major corporations in both personal injury and property damage asbestos matters. We also have defended numerous clients in cases arising from exposure to:

  • TCE
  • PCBs
  • Welding fumes
  • Adhesives
  • Pesticides
  • Epoxies
  • Asphalt fumes
  • Silica
  • Lead paint
  • Toxic dusts
  • Formaldehyde
  • Gasoline
  • Commercial lubricants
  • HVAC contaminants
  • Other allegedly toxic materials

 
We have actively participated in class action and multi-district litigation in the toxic tort field.
 
In addition, our toxic tort litigation attorneys have handled numerous environmental matters. We have represented a great number of clients in litigation arising out of Superfund landfill clean-ups, private cost recovery actions, soil or ground water contamination, drinking water contamination, leaking underground storage tanks, indoor air pollution (sick building syndrome) and others.
 
In conjunction with our firm's Insurance Coverage and Appellate Advocacy practice groups, we also represent insurance carriers in insurance coverage matters which arise out of underlying environmental or toxic tort cases and in which a thorough knowledge of the environmental and toxic tort areas is crucial to proper handling of coverage issues.
 
An understandable concern of every client in significant environmental and toxic tort cases is the extent of legal fees and costs. Our firm began as an insurance defense firm, and, although we have expanded our practice areas considerably, we have never lost our sensitivity to our clients' desire to control legal expenses. This is especially true in the environmental and toxic tort areas where multi-party, complex cases make control of expenses all that more important. We always handle cases with a practical, results-oriented approach which balances strong representation of our clients with realistic cost containment.  Not only do we offer a competitive fee structure, but we also work with our clients to develop innovative, alternative approaches to normal file handling which result in considerable savings without sacrificing quality legal representation.
 
We would welcome the opportunity to work with you in handling your environmental and toxic tort litigation. We are also available to give presentations or to conduct training seminars on environmental and toxic tort topics at your location or ours.

Aug 25, 2016
Marshall Dennehey attorneys prevailed on a motion for summary judgment as to liability in an environmental case involving claims related to a leaking underground storage tank (UST). In this environmental subrogation case, we represented a major...
Feb 16, 2015
Obtained summary judgment in a toxic tort case involving claims of mold exposure. The defense represented an environmental testing company hired by the company that performed a remediation in the plaintiffs' home following a sewage backup in...
Jun 6, 2011
Attorney obtained summary judgment as to all five counts of the plaintiffs' complaint. In this environmental and toxic tort action, our office represented the prior owner of a property where it was discovered that an underground storage tank had...
Apr 1, 2011
Attorney successfully defended a coal miner's claim for Federal Black Lung benefits. The parties had stipulated (based upon prior judicial determinations in the miner's prior claims) that the miner worked in underground coal mining for 37 years and...
Oct 18, 2010
Attorney obtained a defense verdict in a toxic exposure claim brought against a pest control company. The plaintiff in the case requested that our client perform a termite treatment on her house. She claimed that she informed the pest control...
Aug 2, 2010
Attorney succeeded in having the Appellate Division affirm two (2) trial court decisions. The case arose out of the discovery of a leaking underground oil tank on a property. The property owners' were sued by several neighboring property owners...
Jul 19, 2010
Attorney successfully defended a high dollar claim on behalf of a well known car manufacturer. Claimant suffered an occupational disease as a result of inhaling fumes from a urethane adhesive while working for the manufacturer and suffered...
Apr 26, 2010
Attorney obtained a summary judgment for a correctional services food service provider for toxic tort claims of six correctional officers alleging exposure to mold in the prison. The judge agreed, in a published opinion, that the service provider...
Sep 29, 2008
Attorneys won a toxic tort medical monitoring class action when the court granted defendants' motion for summary judgment as to one of the two class plaintiffs. This decision essentially resulted in a dismissal of the case against defendant. The...

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Law Alerts August 16, 2017
Insurer Owes $2.55 Million For Metal Pollution Coverage By Lila Wynne, Esq.    On April 1, 2017, the New Jersey Appellate Division affirmed the trial court’s ruling that Greater New York Mutual Insurance Group must cover Mid-...,   The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a...
Law Alerts April 11, 2017
Restoration Versus Remediation By Lila Wynne, Esq. Recently, the New Jersey Department of Environmental Protection (NJDEP), its commissioner and the administrator of the New Jersey Spill Compensation Fund sought both damages in the form of..., Private Parties Left Holding the Bag When It Comes to Pre-1977 Contamination By Kevin T. Bright, Esq. The New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11, et seq., provides a comprehensive mechanism for allocating financial..., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a...
Law Alerts July 14, 2016
Party Not Entitled to Counsel Fees for Either Negotiations or Litigation Involving Access Agreement for Remediation on Residential Property   In State Farm Fire and Casualty Insurance Company v. Florkiewicz, 2008 N.J. Super. Unpub. LEXIS 572 (..., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific...
Law Alerts June 1, 2016
Edited by Timothy D. Rau, Esquire Bare Metal Defense Applied Under Maritime Law in Eastern District of PA By Timothy Rau, Esq. Judge Eduardo Robreno issued an opinion in DeVries v. General Electric Co., 5:13-00474 (E. D. Pa. May 18, 2016),..., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific...
Defense Digest Article March 1, 2016
By Lila T. Wynne, Esq.* Key Points: Assignment of insurance policies was allowed despite the fact that there were “no assignment” clauses in the policies and the insurers did not consent. Once a loss occurs, a policy may be..., Defense Digest, Vol 22, No. 1, March 2016 Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Law Alerts February 1, 2016
Contamination Claims Under Nuisance and Trespass Must Show Fault   Ross v. Ellman, et al., Supreme Court Docket No.: 074200, Appellate Division Docket No.: A-001024-12, Team 4, Law Division Consolidated Docket No.: MON-L-5002-07 In this..., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific...
Defense Digest Article March 1, 2015
Key Points: Six-year statute of limitations does not apply to private claims for contribution made pursuant to the New Jersey Spill Compensation and Control Act (Spill Act). Under the Spill Act, a “discharger” may pursue a..., Defense Digest, Vol. 21, No. 1, March 2015 Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...

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January 5, 2017
Tiffany J. Giangiulio, Esq., has joined the Philadelphia office of Marshall Dennehey Warner Coleman & Goggin as a shareholder in the firm's Casualty Department. Ms. Giangiulio concentrates her practice in the areas of asbestos and mass tort, environmental and toxic tort, and product liability...

Co-Chair

Lila Wynne
Co-Chair, Environmental & Toxic Tort Practice Group, NJ
(856) 414-6026
ltwynne@mdwcg.com
Daniel J. Ryan Jr.
Co-Chair, Environmental & Toxic Tort Practice Group
(215) 575-2740
djryan@mdwcg.com

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