Real Estate-Related Toxic Tort Litigation
Beveridge & Diamond, P.C. has an extensive practice defending its corporate clients in real estate-related toxic tort matters. Combining our real estate, litigation and trial practices with a fluency in scientific and technical matters gained from our regulatory practice, we have won defense judgments from judges and juries around the country.
Our litigators have decades of experience in all aspects of toxic tort litigation, including matters involving real estate. This experience includes successfully representing our clients’ interests in the full range of pretrial proceedings, including discovery practice and preliminary injunctive relief proceedings, and through trials. We represent clients in such matters filed in both federal and state courts throughout the United States. Representative examples of the Firm's work in real-estate related toxic tort litigation include:
- Defended property managers and owners of D.C. residential apartment buildings in several lawsuits alleging lead paint poisoning, obtaining insurance coverage and favorable resolutions of tort claims in each instance.
- Negotiated environmental indemnity and other contractual provisions in numerous land sales and financing transactions, represented real estate clients in dealings with regulatory authorities with respect to lead based paint, and subsurface contamination, and counseled regarding mold claims (all of which settled prior to litigation).
- We are currently national counsel for a major oil company defending it in numerous cases, including a federal multidistrict litigation, brought by public water authorities and private well owners who allege that our client and other petroleum refiners were responsible for contaminating wells with the gasoline additive MTBE.
- We are counsel for a national chemical manufacturer in several cases in California state court where public entities or private well owners have alleged that our client and other manufacturers and distributors of perchloroethylene are responsible for soil and groundwater contamination. In the case brought by the City of Modesto, we secured a favorable outcome after the first two phases of trial, eliminating future compensatory damages and punitive damages against our client at certain sites. Last year, we obtained a complete defense victory in the third phase of trial on the remaining sites after a six month toxic tort jury trial.
- We successfully defended a major U.S. corporation in a wrongful death suit that alleged that biosolids applied on a farm caused toxic emissions that caused the death of a nearby resident.
- In a suit alleging lead-based paint poisoning, we obtained a favorable settlement and full insurance coverage after challenging the plaintiff’s case in discovery. Dobbs v. Lustine Realty
(D.C. Super. Ct. 2002).