Litigation

The firm’s toxic tort litigation practice includes the defense of claims by consumers, employees and residents. The claims range from purported exposures to one toxic substance to purported exposures to hundreds of unidentified and unknown toxic substances. Given the firm’s proximity to a large number of chemical manufacturers and our clients’ needs to defend toxic tort lawsuits, our toxic tort lawyers have developed a broad-based toxic tort litigation practice.

Many states, particularly West Virginia, have seen an increase in mass tort claims, such as when a group of plaintiffs files a toxic tort claim, in the past decade. Accordingly, the West Virginia Supreme Court of Appeals created a separate judicial process, known as the Mass Litigation Panel (“MLP”), for handling mass litigation. The MLP process in West Virginia is unique and navigating its rules and procedures requires knowledge and experience that Spilman attorneys possess.

Toxic tort litigation cases frequently involve many defendants relying on the same medical and causation defenses. The firm’s attorneys routinely play leading roles in preparing common defenses for joint defense groups.

Our law firm has close relationships with experts who have earned national acclaim in their fields. Our toxic tort lawyers develop and present common experts and take the lead in presenting common legal arguments. As a result, we litigate toxic tort claims using the most recent and sophisticated evidence available.

In addition to our skills in the litigation process, Spilman Thomas & Battle also serves clients in the regulatory field. The firm’s Environmental Practice Group assists clients with regulatory programs for air, water, hazardous and solid waste; corrective action programs; and right to know issues. By addressing these issues and advising our clients in regulatory areas, the firm identifies potential environmental problems before they become toxic tort lawsuits.

In short, Spilman provides excellent legal representation in the field of toxic tort litigation, whether the case be a simple, one plaintiff/one injury civil action or a complex, multiple plaintiff/multiple injury lawsuit.

For more information about our Toxic Tort Litigation Practice Group, contact:

Clifford F. Kinney, Jr.

304.340.3844

ckinney@spilmanlaw.com