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Toxic Tort Litigation

Litigation & Dispute Resolution

Toxic Tort Litigation

Our toxic tort attorneys are nationally recognized for their representation of major product manufacturers throughout the South Central United States. We have diverse technical and science backgrounds that include education and training in biology, chemistry and multiple engineering sciences.  We also have extensive experience in class action litigation in state and federal courts throughout the region. Our experience with toxic tort litigation spans more than 30 years.

Our toxic tort cases involve a myriad of substances including coatings, solvents, industrial metalworking fluids, industrial cleaners, asbestos, benzene, PCBs, pesticides, TCE/TCA, uranium, and vinyl chloride.  We have represented manufacturers against a range of alleged claims for personal injuries, multiple chemical sensitivity, medical monitoring, emotional distress, and various real property damages.  We have dealt with such complex matters as those involving genetic abnormalities, reduced intelligence and lack of coordination, as well as cases where there has been no actual injury but rather claims alleging fear of contracting or increased risk of contracting cancer and other illnesses or injuries.

The Firm has an extensive asbestos tort defense practice in which it represents a number of leading companies, including premise owners, contractors and product manufacturers, in claims brought against them in Kentucky, West Virginia and Tennessee.  Within the last year, Firm attorneys have successfully taken three asbestos cases to trial and current lawyers combined have been involved in over forty separate asbestos trials in their careers.  The Firm has also taken the lead or been solely responsible for two leading Kentucky Supreme Court asbestos decisions in the last two years which helped extend and establish defenses for premises owners against third party contractor/employee claims:  See, Brewster v. Colgate-Palmolive Co., et al., 279 S.W.3d 142 (Ky. 2009); Rehm, et al. v. Navistar Intern'l, et al., 236 S.W.3d 579 (Ky. 2007).

Wyatt leverages its experience by utilizing:

  • Attorneys with extensive trial experience and attorneys with backgrounds in various scientific disciplines;
  • An extensive network of experts for consultation and trial testimony; and
  • Experienced paralegals adept at distilling information from technical, engineering and medical reports.

Wyatt is proud to have served in the following representative cases:

  • Counsel for Oxy Vinyls, LP, an Occidental Chemical affiliate, and E.I. du Pont de Nemours and Company in separate federal court toxic tort actions involving a purported class of over 30,000 Louisville residents.
  • Counsel for General Electric Company in a federal False Claims Act "whistleblower" case arising at GE's Kentucky jet aircraft engine plant. Successfully defended GE in a prior FCA whistleblower action arising at the same plant.
  • Representation of E.I. du Pont de Nemours and Company in class action lawsuits stemming from alleged injuries from the processing of spent uranium fuel rods at the Paducah Gaseous Diffusion Plant.
  • Representation of Rockwell International Corporation in all aspects of private litigation in state and federal court, regulatory actions and remediation resulting from alleged release of PCBs from a former die cast facility. Federal litigation was resolved in Rockwell's favor after trial. Goodman, et al. v. Rockwell International Corporation, 24 F. Supp. 2d 735 (W.D. Ky. 1998). State court litigation included a nine week jury trial in a case brought by approximately 80 plaintiffs seeking personal injury, medical monitoring and real property damages and alleging claims based on strict liability, negligence, intentional and negligent trespass and nuisance. The case initially resulted in a Plaintiffs' verdict, but was reversed on two separate occasions by the Court of Appeals, affirmed by the Supreme Court and judgment rendered on behalf of Rockwell. Wilhite v. Rockwell Intern'l Corp., 83 S.W.3d 516 (Ky. 2002).

Contact

Donald J. Kelly

Donald J. Kelly

Service Area Leader