Toxic Torts

Occupational medicine, epidemiology, toxicology, and industrial hygiene. These are the disciplines upon which successful toxic tort defense is premised. Our team has 30+ years of mastering those fields and presenting those defenses. Whether it is asbestos, lead paint, benzene, mold or any other type of toxic tort, our team of skilled lawyers has been at the forefront in defending major manufacturers, municipalities and others in toxic tort litigation throughout the courts of New York and New Jersey. Our team has served as national and regional counsel for Fortune 500 and international companies in asbestos litigation since the 1980s, including major automobile, truck, brake, equipment, insulation and other product manufacturers. We have successfully tried numerous asbestos cases in the state and federal courts in New York, representing target defendants in high profile cases. Our team has also coordinated national discovery, worked with well-respected experts to implement innovative and creative defense strategies, deconstructed plaintiffs’ experts, and developed new experts, a critical component of any successful toxic tort defense. Our lawyers have also implemented national discovery programs and managed mass asbestos consolidations. We nevertheless recognize that every defense must be tailored to unique facts of an individual case, subject to the posture and needs of each particular client in each specific case.

Herzfeld + Rubin has been on the front lines of lead paint litigation since the early 1990s. We have successfully defended lead poisoning claims filed against our clients in the five boroughs of The City of New York. In preparing an effective defense for our clients, we combine our command of the applicable law with an intimate knowledge of pediatrics, neurology, psychology and environmental science. Our vast experience enables us to astutely analyze a case and determine whether an early settlement is prudent or whether the case should be defended and brought to trial. Our trial team has successfully obtained defense verdicts for our clients. When called upon, our accomplished appellate attorneys have obtained winning results in complex lead poisoning cases. We have also successfully defended our clients in litigation involving mold and Legionnaires’ disease claims. Like the defense of other toxic tort claims, our full understanding of the science enables us to aggressively focus on causation issues and challenge the medical foundation of the claims. This approach has resulted in successful results for our clients.