Los Angeles, CA, July 18, 2025—National insurance defense firm Tyson & Mendes, LLP announced another significant defense trial victory in a contentious asbestos case. Following a two-week jury trial, Partner Kevin P. McNamara, using the firm’s proven defense method, The Apex, persuaded jurors to award an amount far below the plaintiffs’ seven-figure demand.

The client, a local franchisee, had been performing a smoke remediation job in a single-family home when popcorn ceiling materials containing asbestos fell inside the house. The franchisee had been working in the attic of the house on the day the material fell inside the house but disputed any involvement in cleaning the ceilings. Nevertheless, the franchisee agreed to assist the plaintiffs with asbestos abatement, complete post-abatement restoration, and facilitate the plaintiffs’ return to the home. However, the plaintiffs refused to allow any abatement or restoration work to be performed unless an agreement was reached before that work started regarding replacement of all of their personal property. The plaintiffs ceased communication with the franchisee and filed suit. The case had been pending since 2019, and the house remained unrepaired.

At trial, the plaintiffs were extremely emotional. A psychiatrist flew in from Pennsylvania to testify in person. One of the plaintiffs was diagnosed with severe depression with suicidal ideation. Plaintiffs’ counsel sought approximately $550,000 in economic damages and, during jury selection, suggested that millions more were warranted for non-economic and punitive damages.

Defense counsel Kevin P. McNamara proposed a maximum of $112,159.89 as fair compensation. The jury returned a unanimous verdict awarding about $169,000 in economic damages and declined to award any punitive or non-economic damages. Because a co-defendant had previously settled, Tyson & Mendes’ client is expected to receive a $125,000 setoff, resulting in a net verdict of just $44,000. “Thanks to The Apex, we were able to obtain a fair and just result for our client on what had been a very contentious case,” McNamara said.

Associate Nick Husher provided help behind the scenes.

For more information and to view career opportunities, visit www.tysonmendes.com.

About Tyson & Mendes LLP

Tyson & Mendes LLP is a nationwide, AV-rated litigation and trial firm specializing in insurance defense and protecting its clients from Nuclear Verdicts®. Founded in 2002 by Robert Tyson and Patrick Mendes, the firm has experienced tremendous growth, with offices across the United States. Tyson & Mendes is known for its expertise in defending corporations, insurance companies, and their clients against Nuclear Verdicts®.

Serving 21 states nationwide, Tyson & Mendes is one of the fastest-growing civil defense firms in the U.S. and is proud to offer one of the fastest and clearest paths to partnership for its attorneys of any mid-sized law firm in the U.S. The firm is honored to be recognized as a 2024 Best Law Firm by Best Lawyers, named a 2024 Best Company to Work For: Law Firms edition by U.S. News & World Report, awarded the 2023 Liberty Mutual Insurance External Law Firm Partner of the Year Award, awarded the No. 1 “Ceiling Smasher” in Law360’s 2022 Glass Ceiling Report for female equity partnership, and shortlisted for Financial Times’ 2022 Innovative Lawyers North America Award.

For more information, visit www.tysonmendes.com.

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