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Toxic Tort

The Toxic Tort practice group first gained national recognition in the mid-1980s, when it defended Monsanto Co. in several mass dioxin cases. One of those cases, Kemner v. Monsanto Co., brought by 67 plaintiffs, earned a place in the Guinness Book of World Records as the longest jury trial in history. Monsanto paid no damages in that case, and following its conclusion all of the remaining plaintiffs, numbering several hundred, voluntarily dismissed their cases without receiving a cent.

Since then, we have handled thousands of toxic tort cases for chemical and petroleum companies, agribusinesses, railroads and others. We have a reputation for achieving outstanding results both in settlement and trial, a record especially gratifying since many of these cases were brought in the City of St. Louis and the Illinois counties of Madison and St. Clair, which have a history of substantial plaintiff verdicts. We have successfully defended toxic tort cases in many other states, including Arizona, California, Colorado, Louisiana, Minnesota, Mississippi, Montana, Nevada, Ohio, Oklahoma, Oregon, Pennsylvania, Tennessee, Texas, Washington, West Virginia, Wisconsin, and Wyoming. In addition, we have served as national counsel to companies in the rail, automobile and general manufacturing industries in more than 20 states.

It is our approach, where advantageous, to select the most outstanding experts in the country. We have therefore worked with nationally renowned physicians and scientists, as well as top experts in the St. Louis area. We relate to these scientists as professional colleagues. One of our attorneys has an advanced degree in public health from the University of Michigan, and another co-wrote a chapter in Peter Huber's classic, Phantom Risk, with one of the world's top immunologists. We also have a medical doctor on-staff.

Most important, our attorneys are dedicated to giving clients the service they desire. We staff each case in the most cost-effective way, from the single-plaintiff case handled by one lawyer to complex litigation requiring a team of attorneys and paralegals.

The experience of our attorneys is reflected in their written articles and book chapters, their positions as adjunct law professors, and their speeches to bar and industry groups on such topics as "junk science," the use of "world-class" experts, the defense of brain damage cases, and the impact of environmental activist groups.

Because Thompson Coburn is a full-service firm, our Toxic Tort practice group has access to lawyers with expertise in other relevant practice areas, such as environmental, product liability and criminal law. For example, the same incident may have us providing counsel in criminal investigations, environmental actions, and toxic tort claims.

Representative Clients

  • Allied Signal Corp.
  • American Commercial Line LLC
  • American Cyanamid
  • Ashland Oil Co.
  • ContiGroup Companies, Inc.
  • E.I du Pont de Nemours and Co.
  • Exxon Mobil Corp.
  • Fina Oil and Chemical
  • Kansas City Southern Railway Co.
  • Norfolk Southern Corp.
  • Peabody Holding Co., Inc.
  • Premium Standard Farms
  • Sedgwick James of Tennessee
  • BNSF Railway
  • The Goodyear Tire & Rubber Co.
  • Union Pacific Railroad
  • United Industries