Burns White Attorneys Toxic TortDefending clients across multistate jurisdictions in complex and mass tort litigation

Attorneys of the Burns White Toxic Tort Practice Group possess significant experience across multistate jurisdictions, leading a number of clients to name Burns White as their national coordinating counsel for toxic tort matters. Our team is skilled in explaining complex scientific and technical information in common-sense terms that are understandable to both judges and juries.

The Toxic Tort team represents manufacturers, distributors, and transporters of chemicals; employers whose employees allege illness as a result of toxic exposure; and owners and managers of property on which chemicals are used or stored, in complex and mass tort litigation. Our attorneys have defended claims against enforcement actions brought by the EPA and state agencies, counseled clients on the allocation of environmental risks in corporate and real estate transactions, and negotiated environmental insurance policies on behalf of our clients.

By way of example, our services include:

  • Risk management analysis
  • Advising on regulatory compliance
  • Electronic data management and retention
  • Defending bad faith claims
  • Negligence defense
  • Toxic tort litigation
  • Occupational disease/exposure litigation
  • Representing clients involved in Superfund cases
  • Complex commercial real estate transactions
  • Advocacy assistance for pending/proposed legislation and regulations
  • Development of internal audit programs
  • Inspection preparation
  • Review and adjudication of DHS determination of facility security risk
  • Prompt response to enforcement actions
  • Appeals representation

Among these chemicals and substances are:

  • Asbestos
  • Benzene
  • Diesel exhaust
  • Lead
  • Mold
  • Paints and coatings
  • Pesticides
  • Petrochemicals
  • Pharmaceuticals
  • Solvents
  • Welding rods

Our Toxic Tort Group is also well equipped to assist our clients in navigating complex regulatory matters that have an impact on their businesses. Burns White attorneys assist clients in understanding the regulations that apply to their businesses, conducting compliance and risk assessments, and developing a strategy to maintain regulatory compliance, including those related to OSHA, EPA, DOT, and CFATS, as well as various state and local agencies. We also provide analysis of pending and proposed regulatory changes that may have an impact on our clients, and we advocate with various regulatory bodies on their behalf.

In addition to defending lawsuits, whenever possible we are proactive counselors who help clients avoid litigation from the start, using preventive measures that include comprehensive risk analysis, evaluation of instruction and warning language, electronic data management and retention, and education. In addition, we use alternative dispute resolution methods, such as mediation and arbitration, to help clients avoid the cost and burden of going to trial.

For more information about our Toxic Tort practice, please contact:

David A. DamicoDavid A. Damico, Esquire


T.H. LydaT.H. Lyda, Esquire