Toxic Tort

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When faced with toxic tort litigation, clients require legal counsel with a deep understanding of the scientific and medical issues inherent in cases involving chemicals, metals, asbestos and other substances.

The trial attorneys at Williams Montgomery & John have extensive toxic tort and environmental litigation and counseling experience representing manufacturers, transporters, shippers, distributors, premises operators and owners, retailers, users, and insurers in class actions, mass tort actions, property damage cases and individual catastrophic injury cases. We have defended clients in toxic tort and environmental lawsuits involving asbestos, mold, pesticides, cement kiln dust, creosote, manganese/welding rod fumes, volatile organic compounds (VOCs), unreaformaldehyde, gasoline, lead, chromium, salmonella, diet drugs and numerous other substances.

The firm's toxic tort practice is national in scope. Our attorneys have represented clients in toxic tort, mass tort and environmental matters in federal and state courts throughout the country, including Alabama, Arkansas, Illinois, Indiana, Michigan, Missouri, Mississippi, New York, New Jersey, Ohio, Pennsylvania, South Carolina, Tennessee, Texas and Wisconsin.

As examples of the firm's major engagements in this area, we have represented:

  • Abana Pharmaceuticals as national coordinating and trial counsel in the fen-phen class action multi-district litigation.
  • General Electric in individual and class action lawsuits alleging manganese fume exposure caused by defective welding rods.
  • Milwaukee Solvents in a class action claiming TCE (trichloroethylene) contamination of a subdivision's underground water supply.
  • Liquid Carbonic in lawsuits alleging brain damage and neurological damage caused by inadequate warnings and defective design of tanks of ethylene oxide.
  • Chevron as supervising North American counsel in the nationwide high temperature plastic vent pipe class actions.
  • Kimberly-Clark as national coordinating and trial counsel in toxic shock syndrome litigation.
  • Eagle Picher, Standard Asbestos, Borg Warner, Brand Insulations, Atchison, Topeka & Santa Fe Railroad, Soo Line Railroad and other clients in thousands of cases claiming death and injury from inhalation of asbestos. 

Please see the descriptions of the firm's Product Liability and Class Action & MDL practices for additional relevant experience.

Williams Montgomery & John has developed particular capabilities defending emergency situations involving the release of hazardous materials into the environment. We have taken the lead role in reducing the effects of governmental intervention, damage to the environment and impact on property owners, and have worked to prevent toxic tort claims.

Our attorneys have experience with all major federal environmental statutes and numerous state environmental laws. We have handled lawsuits brought under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Emergency Planning and Community Right-to-Know Act (EPCRA), Resource Conservation and Recovery Act (RCRA), Toxic Substances Control Act (TSCA), Clean Water Act (CWA) and Hazardous Material Transportation Act (HMTA), and also have successfully defended RCRA citizen suits in federal court venues.

A more extensive list of representative matters can be found by clicking on the "Representative Matters" link above.

The firm's toxic tort practice is led by Thomas Neuckranz, who has been named by his peers for inclusion in Illinois Leading Lawyers for class action/mass torts, product liability and toxic torts. He also has been recognized by Illinois Super Lawyers for class action/mass torts and is a recommended lawyer in The American Lawyer's "National Directory of Product Liability Lawyers."

For more information about the firm's toxic tort practice, please contact Mr. Neuckranz at 312.443.3223 or thn@willmont.com.





Representative Matters

  • Atwood v. Milwaukee Solvents
    Circuit Court of McHenry County, Ill.
    Obtained nuisance value settlements in class action product liability and mass tort lawsuit against Milwaukee Solvents involving TCE (trichloroethylene) supplied by defendant. Plaintiffs alleged TCE contamination of a subdivision's underground water supply.
  • Coca-Cola Bottling Midwest

    Assisted senior management of Coca-Cola Bottling Midwest with due diligence, interviews and selection of asbestos remediation contractors for abatement program of recently acquired office towers, distribution centers and filing facilities.

  • Diet Drug Litigation
    U.S. District Court, Eastern District of Pennsylvania and multiple state courts
    Obtained dismissal as national coordinating and trial counsel for drug distributor Abana Pharmaceuticals in more than 3,000 federal and state court product liability lawsuits involving fen-phen. Plaintiffs alleged adverse health effects caused by use of the diet drug product.
  • Estate of Tomlanivich, et al. v. Atlantic Richfield Company
    Circuit Court of Madison County, Ill.
    Negotiated global settlement of product/premises liability asbestos/mass tort lawsuits against Atlantic Richfield alleging failure to warn petroleum refinery workers of known dangers of asbestos.
  • General Electric Welding Rod Litigation
    State courts in Illinois, Indiana, Ohio and Wisconsin
    Obtained dismissal of individual and class action product liability lawsuits against General Electric involving welding products manufactured by defendant. Plaintiffs alleged defective welding rods resulted in exposure to manganese fumes.
  • Genetically Altered Corn Cases
    U.S. District Court, Northern District of Illinois
    Successfully defended product liability class action lawsuits involving corn flour sold by defendant. Plaintiffs alleged taco products were contaminated with genetically altered corn (Starlink) and caused injury when consumed.
  • High Temperature Plastic Vent Pipe Litigation
    Coordinated the successful defense of nationwide class actions as Chevron’s supervising North American counsel. Represented company in class actions in Tennessee, Alabama and Georgia; in provincial class actions in Quebec and Ontario, Canada; in related litigation in Illinois, Massachusetts, Pennsylvania and Texas; and before the Consumer Products Safety Commission in connection with an innovative industry wide corrective action plan. Also prosecuted and settled corporate claims for indemnity.
  • Hyatt Hotel v. Rose Acre Farms
    Circuit Court of Cook County, Ill.
    Favorably resolved product liability and breach of warranty class action against Rose Acre Farms involving eggs supplied by Rose Acre to a Hyatt Hotel. Plaintiff alleged eggs contained salmonella and caused 2,000 people to become ill during a convention.
  • Illinois v. Frank Miller & Sons, Inc.

    Circuit Court of Cook County, Ill.
    Obtained favorable settlement for chemical manufacturing company Frank Miller & Sons in lawsuit brought by State of Illinois alleging asbestos, air permitting and recordkeeping violations.

  • Illinois v. McMahon Cartage Company, et al.

    Circuit Court of Kane County, Ill.
    Represented fuel delivery company McMahon Cartage in environmental litigation arising from the alleged overfilling of an underground gasoline storage tank. Obtained favorable settlement with the State of Illinois; settled related RCRA lawsuit for nominal amount, with service station owner accepting full responsibility for remediation.

  • Illinois v. Webb Ag, Inc.

    Circuit Court of Fulton County, Ill.
    Obtained favorable settlement for agricultural/chemical dealer Webb Ag in lawsuit alleging dumping of excess fertilizers, herbicides and pesticides into a cave. No toxic tort claims brought by local residents.

  • In Re: ADM

    Developed environmental audit protocol for ADM to evaluate pesticide, grain fumigant, petroleum and asbestos hazards at 160 grain elevator sites in Illinois, Iowa, Kansas, Minnesota and Colorado.

  • PEMI, Inc. v. Allied Signal

    U.S. District Court, Northern District of Ohio
    Defended Trinova in lawsuit seeking contribution under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for historic contamination. Case settled prior to judgment.

  • Scheldt v. Terminix

    Circuit Court of Champaign County, Ill.
    Achieved verdict of not guilty for Terminix in a product liability/toxic tort case. Two plaintiffs alleged improper application of Dursban caused them to suffer multiple chemical sensitivity syndrome.

  • Toxic Shock Syndrome-Tampon Litigation
    Multiple Jurisdictions
    Represented Kimberly-Clark as national coordinating and trial counsel in product liability lawsuits involving Kotex tampons. Plaintiffs alleged use of product caused toxic shock syndrome resulting in death and serious personal injuries. Achieved defense verdicts in only two cases tried; settled multiple additional cases.
  • Unisys v. Trinova Corporation

    American Arbitration Association, New York
    Successfully defended Trinova (n/k/a Aeroquip-Vickers, Inc.) in lawsuit brought by Unisys seeking more than $34 million for environmental cleanup costs at a manufacturing facility. Arbitrators awarded Unisys $74,000.

  • Various plaintiffs v. Borg Warner Corporation, et al.
    Circuit Court of Cook County, Ill.
    Favorably resolved multiple personal injury lawsuits against Borg Warner claiming exposure to allegedly asbestos-containing automotive products caused plaintiffs to suffer serious health conditions. Cases resolved through summary judgment, voluntary dismissal or reasonable settlement.
  • Various Plaintiffs v. Liquid Carbonic Corporation (n/k/a Praxair, Inc.)
    Various courts in Texas, DuPage County, Ill., and Cook County, Ill.
    Successfully resolved product liability/toxic tort lawsuits against Liquid Carbonic alleging brain damage and neurological damage caused by inadequate warnings and defective design of tanks of ethylene oxide. Obtained nuisance value settlements in Texas cases and summary judgment in Illinois cases.