DGS represents defendants ranging from Fortune 100 companies to local convenience stores in environmental toxic tort actions involving claims for:

• Personal injury;
• Property damage; and
• Medical monitoring.

We have successfully defended cases brought by plaintiff classes, bellwether plaintiffs, small groups and individuals.  These cases involve claims alleging:

• Common law torts, such as nuisance, trespass, negligence and strict liability;
• Unjust enrichment;
• Violations of state and federal environmental statutes; and
• Citizen-suit claims under environmental statutes.

While many of these cases are brought in Colorado and other western courts, our clients are often nationally recognized companies, based elsewhere.  

Several of our lawyers have substantial toxic-tort trial experience.  We also obtained creative settlements in many of our cases.  Our goal is to achieve an acceptable outcome for the client while minimizing the costs of defense.  

Our knowledge and experience include:

• Chlorinated-solvents (PCE, TCE, TCA and DCE), metals, MTBE, asbestos, nitrates, and petroleum hydrocarbons;
• Vapor intrusion;
• Public and private water supplies;
• Exposures through dermal contact, inhalation, and ingestion;
• Property values; and
• Stigma claims.

In two toxic tort property damage trials, juries returned verdicts of no loss of property value.  One of these cases was a class action, and the other was a trial of bellwether claims for a group of more than 100 plaintiffs.  In addition, we successfully resolved more than 25 property damage cases before trial.

Our toxic tort personal injury experience includes defending more than 20 cases alleging cancers, heart disease, and neurological, auto-immune, and respiratory disorders.  

Daubert motions are a significant aspect of these cases.  We work closely with defense experts to ensure they survive Daubert challenges and to develop the best possible challenges to plaintiffs' experts.  In personal injury, medical monitoring and property damage cases, we have significantly limited or excluded plaintiffs' experts while obtaining rulings that allow defense experts to testify fully.

Scientific principles drive these cases.  Our lawyers have expertise, including prior training in the sciences and economics and years of experience working with hydrogeologists, environmental engineers, chemists, economists, appraisers, experts in standards of care, toxicologists, epidemiologists and physicians with a wide range of specialties.

Extensive electronic document and information databases are typically associated with complex toxic tort cases. Our non-lawyer information technology specialists assist with setting up and maintaining these databases.  They also may help with the mechanics of conducting and responding to electronic discovery.

Legal oversight of clean-up and monitoring activities can be a key part of defending these cases.  Sites that are the subject of toxic tort litigation are also frequently subject to state or federal regulatory action.  Strategic coordination of a company’s dealings with regulators and the public can be critical to obtaining an acceptable litigation outcome.