The deleterious effects of asbestos and ensuing claims against product manufacturers, distributors and premises owners continue unabated. While more than 50 nations have banned asbestos, the United States still permits limited use, and the use of asbestos in China, India, Russia, Brazil and many developing countries is expanding. Drawing on more than 40 years of experience, Wilson Elser has compiled an impressive record of success defending its clients to and through trial and otherwise mitigating related risk. Read more.

We regularly represent defendants in benzene exposure cases alleging acute myelogenous leukemia (AML), chronic lymphocytic leukemia (CLL), myelodysplasia (MDS) and other forms of leukemia; blood illnesses; and cancer. Clients represented include (1) chemical, major petroleum and petrochemical companies that supplied benzene, gasoline and other products that contain or are alleged to contain benzene as an ingredient and (2) non-traditional defendants such as automotive and construction parts companies that supplied products alleged to contain trace amounts of benzene. We have a proven record of early, aggressive motion practice on scientific issues in bringing these cases to swift and successful conclusions.

Wilson Elser’s trial attorneys, many with local and national reputations for excellence, handle the defense of individuals and corporate clients in lead paint exposure cases. Our defense verdicts in lead poisoning cases have been recognized, in publications such as the New York Law Journal, as some of the top noteworthy defense verdicts of the year. Our team has widely lectured at and chaired national lead paint seminars on topics such as the presumed notice provisions of local statutes on landlords; causation issues; refuting damages; trial tactics; and insurance coverage issues. In addition, our attorneys have authored books on lead paint poisoning litigation published by national groups such as the American Bar Association.

Our experience in defending mold cases is unsurpassed on both a local and national level. We vigorously defend against the liability of the claims and the causation of the injuries. We successfully argue that the alleged medical conditions of various plaintiffs are not causally related to the type of mold found in the premises (e.g., aspergillus, penicillum, cladosporium and stachybotrys) or that the interior mold spore count is less than or no greater than the mold spore count outdoors that would cause a deleterious effect on health. Through our network of highly regarded experts, our team supports the defense that reliable medical research, peer studies and scientific data do not establish specific causation in interior mold exposure cases.

A spike in the popularity of engineered stone, colloquially referred to as quartz countertops, over the past two decades has been accompanied by a corresponding increase in silicosis-related illnesses and deaths as well as a raft of liability lawsuits. Indeed, claims triggered by silica, specifically in its dust form called respirable crystalline silica, is the fastest-growing toxic tort category in the United States, with no signs of abating. Long at the forefront of toxic tort litigation, Wilson Elser brings the same discipline and diligence to defending artificial stone and silicosis claims, working closely with clients to prevent their occurrence in the first place. Drawing on more than 45 years of related experience, we represent some of the largest industry players. Read more.

Several of Wilson Elser’s Toxic Tort attorneys count talc litigation as an integral part of their practice. Clients comprise manufacturers and retailers of various fragrances and cosmetic products, including body and foot powders. Many of these companies no longer actively manufacture or sell any talc-infused products, having divested themselves of related lines. Others have acquired a separate entity with existing connections to talc products and their alleged effects. The defense of this litigation thus often involves careful consideration of corporate structure defenses, related transactional documents and “product line successor” issues. Read more.

Wilson Elser’s Toxic Tort Practice has extensive experience in all types of traditional toxic tort claims as well as the newest emerging claims. For example, we have always been one of the leaders in defending manufacturers, distributors, retailers and employers in cancer claims of exposure to petroleum-related chemicals in products such as solvents, adhesives, automotive materials, paints and acetone.