Toxic Tort & Environmental Law

This section provides an overview of the firm’s Toxic Tort and Environmental Practice. Beginning in the mid-1970's and continuing into the present, the firm has represented Fortune 500 and medium and smaller companies in various jurisdictions in litigation involving asbestos, talc, silica, lead, cadmium, chlordane, methylbromide, magnesium and benzine. Over the years, we have represented mining companies, manufacturers, distributors, and supplier of the products identified above.

As a result of this extensive litigation experience, we have had substantial contact with environmental engineering firms, toxicologists, epidemiologists, and occupational physicians all with national reputations in their respective areas. Utilizing the latest advances in computers and software, the firm has in the past and can in the future assemble databases to handle large, complex cases or smaller claims on a high volume basis. This experience provides the client with efficient and effective case management of claims filed against it.

During the past ten years, we have developed significant experience in a variety of environmental cases. We have a working familiarity with a variety of environmental statutes, federal, state and local, and have had experience working directly with the EPA. For example, we are familiar with CERCLA, SARA, RCRA, HSCA, and a variety of other environmental statutes. We have handled, and have the capacity to handle, large environmental cases involving community-wide contamination. Some of our experience can be summarized in the following specific examples:

1100 individual plaintiffs alleging injuries and damages from lead contamination in Northwest Pennsylvania from 1988-2001. Six HPCGR attorneys were involved in the trial team together with two attorneys from a law firm in Cleveland. Seventeen experts were retained. A class action arising from the same contamination described above for a town in Northeast Pennsylvania consisting of approximately 5,000 residents. A claim by the United States of America of ground water contamination by hydrocarbons. A class action involving lead contamination in Philadelphia. The potential class involves several thousand people. Civil cases involving ground water contamination by hydrocarbons and other contaminates. A mass tort case that was litigated in Putnam County, New York, involving 73 plaintiffs from 23 families involving alleged exposure to lead, cadmium, nickel and cobalt. Multiple claims arising from underground storage tanks in Northeast Pennsylvania. A Federal Torts Claim Act case against the federal government in the United States District Court for the Eastern District of Pennsylvania arising from the Putman County, New York litigation. The representation of major asbestos companies who manufactured or produced raw asbestos fiber, friction materials, electrical components, floor tile, roofing products, boilers, and packing materials for nearly twenty-five (25) years in Pennsylvania, New Jersey, and New York. Multiple claims in Southwestern Pennsylvania and New Jersey arising out of contribution actions against suppliers and transporters of landfill waste pursuant to CERCLA, New Jersey Spill Act and Pennsylvania Hazardous Sites Clean-up Act. Based upon the experience described in detailed above, we have the ability to handle virtually any type of Toxic Tort and Environmental problem a client can encounter. We are prepared to meet with you to discuss ways in which this experience can benefit the corporate client in litigation arising in Pennsylvania, New Jersey, New York and Delaware.

Attorneys in Practice Area

Linell M. Lukesh
David L. Pennington