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California’s SB 447 – Increasing the Danger in One of the Country’s Most Favorable Venues for Personal Injury Plaintiffs
January 10, 2022
Dan Hurwitz, who heads the Los Angeles Toxic Tort group, is an experienced litigator in such diverse areas as product liability, toxic tort, environmental, administrative law, mass torts, e-commerce, premises liability, and business litigation. He has represented multinational clients and litigated cases throughout California and in various high-risk jurisdictions throughout the country, including Illinois, Texas, Kentucky, Alabama, and New York.
Dan has extensive experience litigating asbestos, benzene, silica, and other toxic exposure cases on behalf of a variety of clients including petroleum companies, retail chains, industrial equipment manufacturers, truck and automotive manufacturers, cosmetic talc product suppliers, and commercial premises operators. Dan also specializes in complex product liability matters for manufacturers and distributors of swimming pool equipment, motorcycles and other vehicles, consumer electronics, and sports equipment.
A significant portion of Dan’s practice is focused on the defense of petroleum companies in litigation involving commercial disputes, property damage claims, and environmental and personal injury claims. He has experience representing petroleum companies in a range of commercial litigation, including assertions under the Petroleum Marketing Practices Act. Dan also regularly addresses commercial issues in the contexts of tenders of defense and indemnity in personal injury matters pursuant to the contracts between a franchisee and franchisor and property owners and their managers.
Dan also has experience representing multinational clients in complex litigation cases for two large, international law firms. Dan has been published in UCLA’s Journal of Law and Technology and Entertainment Law Review and has cochaired and spoken at toxic tort symposiums, including the 2025 Harris Martin Artificial Stone Silicosis Epidemic Litigation Conference.
Dan Hurwitz, who heads the Los Angeles Toxic Tort group, is an experienced litigator in such diverse areas as product liability, toxic tort, environmental, administrative law, mass torts, e-commerce, premises liability, and business litigation. He has represented multinational clients and litigated cases throughout California and in various high-risk jurisdictions throughout the country, including Illinois, Texas, Kentucky, Alabama, and New York.
Dan has extensive experience litigating asbestos, benzene, silica, and other toxic exposure cases on behalf of a variety of clients including petroleum companies, retail chains, industrial equipment manufacturers, truck and automotive manufacturers, cosmetic talc product suppliers, and commercial premises operators. Dan also specializes in complex product liability matters for manufacturers and distributors of swimming pool equipment, motorcycles and other vehicles, consumer electronics, and sports equipment.
A significant portion of Dan’s practice is focused on the defense of petroleum companies in litigation involving commercial disputes, property damage claims, and environmental and personal injury claims. He has experience representing petroleum companies in a range of commercial litigation, including assertions under the Petroleum Marketing Practices Act. Dan also regularly addresses commercial issues in the contexts of tenders of defense and indemnity in personal injury matters pursuant to the contracts between a franchisee and franchisor and property owners and their managers.
Dan also has experience representing multinational clients in complex litigation cases for two large, international law firms. Dan has been published in UCLA’s Journal of Law and Technology and Entertainment Law Review and has cochaired and spoken at toxic tort symposiums, including the 2025 Harris Martin Artificial Stone Silicosis Epidemic Litigation Conference.
Daniel S. Hurwitz (Partner-Los Angeles, CA), Anatolii Trembach (Associate-Los Angeles, CA), and Rory L. Lubin (Partner-White Plains, NY) obtained a complete victory in the Superior Court of California on behalf of Wilson Elser's client, a global real estate investment trust. The plaintiffs in this case sued our client, the alleged landlord of an industrial property where the decedent had worked, along with other defendants. The plaintiffs claimed that the decedent's death was caused by exposure to toxic chemicals at a facility operated by the client’s tenant, asserting wrongful death, strict product liability, and survival causes of action.
Dan and Anatolii prevailed on two successive demurrers, persuading the court that the claims against the client were barred by the statute of limitations and that the relation-back doctrine under Code of Civil Procedure § 474 did not apply. The court agreed and dismissed the action against the client. When the plaintiffs moved for reconsideration, we filed another brief demonstrating that the motion presented no new facts, circumstances, or law warranting reconsideration under Code of Civil Procedure § 1008. After reviewing our brief, the plaintiffs waved the white flag and withdrew the motion in its entirety, resulting in complete and final dismissal of the action at the pleadings stage and sparing the client the costs and risks associated with the discovery process. The case against the remaining defendants continues.
Daniel S. Hurwitz, Anatolii Trembach and Rory L. Lubin