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Toxic & Mass Tort Defense


U.S. product liability laws are among the toughest in the world. And in today’s highly litigious environment, the financial impact of product liability suits on manufacturers and sellers can be devastating. Wooden & McLaughlin has a long and rich history of successfully representing defendants in toxic and mass tort personal injury actions. We defend chemical and product manufacturers and suppliers, energy producers and suppliers, building contractors and premises owners. The firm defends such cases through specialty insurance carriers and specialty groups within national commercial general liability insurance carriers or as direct retention by companies. Our involvement in such cases also stems from working with national coordinating counsel and as national counsel for some companies.

Led by senior partner Douglas B. King, Wooden & McLaughlin has been at the forefront of the defense of asbestos cases in Indiana and numerous other states, including the national representation of various defendants in asbestos cases. We have creatively found ways to streamline the litigation through advocating procedural changes, particularly in Marion Superior Court 2 (including the adoption of electronic filing technology), as well as substantive law developments in favor of product manufacturers, contractors and premises owners through motions for summary judgment, jury trials and favorable opinions from the United States Court of Appeals for the Seventh Circuit and the Indiana Court of Appeals and Supreme Court.

Our successes in Indiana have led to our involvement in leading multi-jurisdictional efforts for several clients and regularly handling matters outside of Indiana, and to our firm’s being approved panel counsel for the Environmental & Mass Tort Claims Unit of CNA, one of the largest insurers in the country. As new types of claims such as silica, coal tar pitch, benzene, chlorinated volatile organic compounds (CVOCs), polycyclic aromatic hydrocarbons (PAHs) and other environmental mass torts continue to arise, we will remain at the forefront of the fight.