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Environmental & Toxic Tort

Environmental & Toxic Tort

Tyson & Mendes has successfully represented companies across the United States in environmental, toxic tort, and products liability actions involving claims for personal injury and wrongful death.  Cases typically involve numerous claimants, although we have also defended single plaintiff, single defendant cases.  We have defended clients in various federal and state courts and administrative boards, including the EPA.

Our litigation experience includes CERCLA, CEQA, Clean Air Act, Proposition 65, asbestos related cases, federal and state safe drinking water laws, air quality issues, and construction contract issues.  We have successfully defended cases in which the chemical exposure arose from a worksite, a consumer product, a landfill, a manufacturing facility, or a general environmental release.  Our attorneys have handled cases in which the chemical products at issue include various solvents (e.g., benzene or chlorinated solvents); gasoline and its constituents; motor oils; other lubricants and specialty motor blends and additives; heavy metals such as arsenic and vanadium; agricultural chemicals including pesticides such as 2,4 D; and fibers (e.g., asbestos) and silicates.  We have also developed expertise in the field of indoor air quality and “sick building” syndrome.

Environmental & Toxic Tort Articles:

Hotelier not Responsible for Poinsettia Fire

November 13, 2018 11:16am
Claims Magazine – November 9, 2018 A lawsuit that sought to place the blame for a costly and destructive wildfire on a San Diego County resort was adjudicated in favor of the resort — after the plaintiff could not produce any evidence to prove the resort was responsible for the fire. DOWNLOAD ARTICLE

Court Upholds Judgment in Favor of Omni La Costa Resort & Spa

September 19, 2018 2:28pm
Club & Resort Business – September 19, 2018 The Carlsbad, Calif. property was targeted in a suit by Axis Insurance to try to recover $125 million paid out in claims after the devastating 2014 Poinsettia fire. The suit blamed resort management for causing the fire, which is believed to have started in native vegetation near a concrete cart path close to the seventh fairway of one of LaCosta’s golf courses. The Poinsettia Fire was the second most destructive of the 2014 San Diego County wildfires, causing a fatality in addition to extensive property damage. READ MORE HERE

San Diego Appellate Court Rules in Favor of Omni Resort

September 14, 2018 9:30am
SD Metro – September 14, 2018 A San Diego appellate court has upheld a judgment in favor of Carlsbad’s Omni La Costa Resort & Spa, which was being blamed for the devastating 2014 Poinsettia fire. The ruling in Axis Insurance Company v. Omni Hotels Management was upheld in a 2-1 decision by a three-judge panel of the 4th District Court of Appeal. READ MORE HERE

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