future-focused

Complex toxic tort and environmental litigation often turns on science. When our clients come under attack, it is the lawyer’s job to present the science in an understandable way. That’s what we do. And we do it well.

Overview

Our lawyers are known for their knowledge of complex science and changing law – aggressively defending our clients from personal injury and property damage claims. This ranges from bet-the-company litigation spanning multiple states to localized claims of exposures from isolated incidents. We have the capability to quickly respond and handle cases of any size, from single party suits to complex, multi-party claims or class actions. Companies of all types, including energy, petrochemical, specialty chemical, mining, construction, and marine transport industries, call on us for all ranges of matters stemming from both short and long-term alleged exposures. No matter the size, our clients trust our judgment to protect their interests.

This shows in multiple ways. Lex Machina has ranked us near the top among the most active counsel in the defense of tort litigation. We’ve participated in more than 6,000 federal court cases during a three-year span. Two recent examples demonstrate our commitment to the success of our clients:

  • We’ve achieved approximately 5,000 dismissals to date in a toxic tort docket resulting from a major oil spill.
  • In a recent personal injury class action, we successfully reduced the number of claimants from 500,000 to four.

Developing experts who can make (your) or break (the plaintiffs’) cases

The complexities of environmental exposure cases involve biological and chemical interactions – our lawyers understand the science and help experts tell the client’s story in the most effective way. That same understanding helps us go on the offensive against plaintiffs’ cases, particularly their experts, in depositions and motion practice. We expose weaknesses in the case that set the litigation up for the best resolution that can be achieved for our clients. Simply put, these cases require an understanding of the law and the science. Proficiency in the law is not enough: you must be all in. And we are.

Using foresight, not formulas

Liskow’s approach to every case is unique and non-formulaic. Identifying and anticipating the potential issues of the case requires strategic foresight. We develop a theory of the case and tell the client’s story.

Our job, as we see it, is to find the best solution for our client at the very beginning. We don’t take a case through the same legal motions – instead, we create a gameplan intended to produce the best results for each particular case. The endgame is simple: resolving the matter for our client in the most economical and efficient manner. That takes many shapes depending on the case and the client – from a complete win at trial to the leveraging of the opponents for the best alternative resolution.

Our clients can rely on us to handle minimizing risk and discouraging future litigation. In Louisiana specifically, where companies can be burdened with large judgments, we build a solid case that is ready for trial, while minimizing potential liability and leaving the ultimate business decisions to you.

Strong connections based on decades of experience

Because we’ve worked on thousands of cases, we know the jurisdictions, and the courts recognize the Liskow name and expect the best.

We also value long-term relationships with our clients. We are not just your lawyers, but also your business partners whom you trust to handle your legal matters. Any business involves risk. We look for innovative solutions that are cost-effective, so that you can continue to focus on your operations.

We recognize that sometimes a successful defense of a significant case may involve high levels of teamwork and planning with a client’s business and legal groups as well as its other legal counsel. Every day, we work seamlessly with international firms, as well as our colleagues in the region, to present the best defense and achieve the best outcome for the client.

Notable Experience

  • Liskow has defended thousands of personal injury toxic tort claims related to the 2010 Deepwater Horizon oil spill. We have successfully stemmed fraudulent claims, grown a large contingent of potential experts in multiple disciplines, demonstrated the unscientific nature of plaintiffs’ expert evidence, and developed the previously uncharted maritime case law on toxic torts within the district and appellate courts.
  • Liskow has been actively defending a local facility which had an accidental chemical release resulting in a major class action of personal injuries from individuals over four Southeast Louisiana parishes. Combining thoughtful expert evidence with creative procedural tactics, we successfully defeated class certification and reduced the case from potentially 500,000 claimants to just four.
  • Liskow defended a former owner of a manufacturing facility in Mississippi that was designated as a Superfund site. Neighboring property owners filed property damage, personal injury, and wrongful death claims relating to what their experts claimed was a “cancer cluster” resulting from exposure to trichloroethylene (TCE) in the air and groundwater. We successfully sought to phase discovery so that the plaintiffs’ experts were required to establish general causation prior to conducting any factual or expert discovery related to specific causation. We worked with experts in the fields of toxicology, air modeling, epidemiology, and oncology during a “Science Day” in federal court and ultimately secured a favorable resolution of the matter.
  • Liskow defended an international joint venture against thousands of claims following a chemical release in a densely populated area. The defense succeeded in removing the case to federal court, arguing application of the Class Action Fairness Act, a federal statute that expanded federal diversity jurisdiction over class actions. The trial result: a defense verdict on liability.
  • Liskow defended an international company in a multi-week trial in state court in Orleans Parish. Thousands of plaintiffs claimed personal injury as a result of alleged chemical exposure in an urban area. Through the use of expert witnesses and effective cross-examinations of the plaintiffs’ witnesses, the trial team was able to undermine the exaggerated claims. The trial result: a defense verdict on liability.

We are known for these strengths

  • Our practice also covers all types of environmental litigation, which involve property damages and economic loss. We not only handle these matters in the courtrooms, but also work with governmental agencies and state and local governments in the representation of our clients' interests.
  • We have been active in countless cases involving many thousands of plaintiffs who claim to have been exposed to all types of substances, including but not limited to, asbestos, arsenic, PAHs, silica, benzene, ethylbenzene, toluene, xylene, particulate matter, carbon monoxide, vinyl chloride, hydrogen sulfide, sulfur dioxide, chloroprene, ethyl acrylate, hydrocarbons, dispersants, specialty chemicals, mold and other substances.
  • These matters range from single claimant suits to consolidated mass tort and class action matters involving thousands of parties. Our overall toxic tort and environmental litigation client base includes oil and gas operators, refineries, mining interests, construction companies, chemical manufacturers, shipyards and marine transportation companies. Many of these claims also involve consideration of contractual issues and associated indemnity and insurance disputes, and we are well-versed in those issues.
  • Many of our cases involve multiple business relationships, and Liskow has substantial experience in helping understand the contracts that may be involved. We routinely litigate against insurance companies that refuse coverage and work to pursue indemnity provisions when we believe the expenses should be incurred by another party.
  • Our attorneys are licensed in Louisiana and Texas, but we have regularly handled environmental litigation matters pro hac vice in Alabama, Florida, Mississippi and Tennessee. As litigation can cross state lines, we serve as trial counsel or managing counsel, coordinating the experts, discovery and docket across multiple states.
  • Big dockets can involve fraudulent claims and our experience allows us to reveal the suspect nature of the allegations and undermine the mass diagnoses often associated with claims of community exposure. We develop a fraud work plan in parallel with traditional case work up with a focus on alternative causes, bringing into question the validity of conclusions of the other side.
  • Environmental exposure incidents can happen anywhere, including on, and around, the water. Liskow has the unique knowledge and experience to assist its clients wherever the need arises – from incident investigations on the Mississippi River to the high seas to production platforms everywhere in between. When the circumstances change, often the law and courts do too. We understand these differences make sure our clients’ interests are protected.
"Top notch trial lawyers in maritime and toxic tort litigation. Killer teams that will outwork their adversaries."
The Best Lawyers in America
Client Comment, 2022

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