Toxic and Mass Torts

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Team Skills & Experience Brief:

  • The team has experience as national and regional coordinating counsel.
  • The team served as lead counsel for a major railroad company after a train derailment and toxic chlorine release resulted in more than 9 deaths and over 1000 claims in South Carolina.
  • The team served as lead South Carolina counsel for a chemical manufacturer in connection with the first case to be multi-districted in the state.
  • For over 30 years, the team has handled cases involving allegations of personal injuries arising from acute or long-term exposure to toxic substances.

Toxic and Mass Tort Team

asbestosGallivan, White and Boyd’s Toxic and Mass Tort Team is led by Daniel B. White, who has been on the cutting edge of Toxic and Mass Tort litigation for over three decades. The Team is routinely called upon by its clients to efficiently and effectively handle high-stakes, complex cases all over the United States. The team has the unique ability to digest massive amounts of complex information and to effectively communicate that information to a jury.  The team is capable of handling any mass tort or toxic tort issue that arises, and can do so in a variety of roles.

National Counsel and Trial Counsel

The team has experience as national and regional coordinating counsel and is composed of advocates who have been nationally recognized by numerous prestigious organizations such as Best Lawyers in America, Chambers USA: Best Lawyers for Business, and South Carolina SuperLawyers, among others.

GWB has offices in North and South Carolina, and has attorneys licensed in Alabama, Connecticut, Florida, Georgia, Massachusetts, Mississippi, New York, North Carolina, Ohio, South Carolina, Texas, numerous federal trial and appellate courts, and the Supreme Court of the United States. The team is also able to assist clients in matters that require Spanish fluency.  Through the years, the team has forged valuable relationships with exceptional attorneys and experts all over the United States.

The firm’s resources, coupled with the team’s experience, result in an obvious choice for national and/or trial counsel.  By way of example, the team currently serves as national coordinating counsel and trial counsel for two companies involved in asbestos litigation, and as national coordinating counsel and trial counsel for a major building products company involved in the Chinese Drywall Litigation.

Statewide Counsel for the Carolinas

CarolinasClients or their national counsel routinely call upon the team to serve as its statewide counsel in highly visible cases in which there may be significant exposure to damages. The team’s reputation in the Carolinas is exceptional. The firm has tried hundreds of complex cases to verdict in state and federal courts throughout the Carolinas, and its members understand the nuances of each jurisdiction. For a recent example, the team served as lead counsel for a major railroad company after a train derailment and toxic chlorine release resulted in more than 9 deaths and over 1000 claims in South Carolina.

The team’s members have held leadership positions in a number of legal and civic organization such as President of the South Carolina Bar and two team members have served as President of the South Carolina Defense Trial Attorneys Assn. The firm is active in national organizations such as the IADC, FDCC, ADTA, DRI, NARTC, and ABOTA and firm attorneys now serve on the boards of the IADC and FDCC. The resulting relationships have strengthened the team’s reputation in the country, and have reinforced its position as a leader in the Toxic and Mass Tort litigation field. The firm’s three strategic locations in the Carolinas allow it to effectively and efficiently handle any matter that arises.

Broad Range of Experience

The team is no stranger to complexity. It has extensive experience in many of the industries, products, and claims that often become the subject of Toxic and Mass Tort litigation. A few examples are highlighted below.

Toxic Gas Release

The team served as lead counsel for a major railroad company in connection with a train derailment and chlorine release which resulted in over 1000 claims and numerous class actions. The chemical release resulted in nine deaths, an evacuation of 5000 people over the course of two weeks, and the permanent closing of a major textile company.

Fire Resulting in Catastrophic Loss

The team represented an international furniture manufacturer in connection with a catastrophic warehouse fire and roof collapse.  The incident involved the deaths of nine firemen.

Multi-District Litigation

The team served as lead South Carolina counsel for a chemical manufacturer in connection with the first case to be multi-districted in the state. Team members have also represented clients in more than 25 different MDLs.

Class Actions

The firm has extensive experience representing clients in class actions.  The team recently defeated a putative class action in South Carolina for a major pharmaceutical company.

Asbestos Litigation

The team is intimately familiar with the issues encountered in asbestos litigation. In addition to the numerous asbestos cases that the team has handled over the years, it currently serves as national coordinating counsel and trial counsel for two companies involved in asbestos litigation throughout the country.

Mass Torts Involving Drugs and Medical Devices

In conjunction with the Drug and Medical Device Team, the team has handled many mass tort actions and MDLs involving toxic torts, drugs, and medical devices. These cases have involved spinal implants, mesh hernia patches, lasers, mobile MRI’s, personal analgesic pumps, dialysis catheters, knee prostheses, breast implants, blood factor, stents and shunts, and IUD’s.

Toxic and Mass Torts

For over 30 years, the team has handled cases involving allegations of personal injuries arising from acute or long-term exposure to toxic substances such as asbestos, silica, mold, benzene, heavy metals, PCB’s, chlorine, carbon monoxide, tobacco, L-tryptophan, breast implants, baghouse dust, blood factor, latex gloves, PVC monomer, Chinese Drywall, solvents, degreasers, and various chemicals.

Environmental Issues

In addition to the traditional personal injuries alleged in Toxic and Mass Tort cases, there are a variety of other issues that may arise in connection with a catastrophic event:

  • Nuisance Claims
  • Contaminated Property Claims
  • Citizen suits under RCRA, CERCLA and the Clean Air Act
  • Superfund Disputes
  • Foreign and Domestic Arbitrations
  • Climate Change Litigation
  • Environmentally-Related Product Liability Cases
  • Natural Resource Damages (NRD) Claims
  • Endangered Species Act (ESA) cases
  • Air, Water and Waste Enforcement Actions

Other Related Services

The team is part of a full-service law firm with over 60 attorneys. As a result, the team can work with the firm to serve its Toxic and Mass Tort clients in a variety of ways. Often, when a catastrophic event occurs, there are other legal issues that parallel the personal injury lawsuit. At times, clients need assistance with bankruptcy, government investigations, criminal investigations and charges, insurance coverage issues, appeals, and other related legal issues. The team can enlist qualified attorneys from the appropriate GWB practice group to handle these issues.

Team Members

Key Contacts

Danny White - Current - Web3

Daniel B. White

Shareholder
Greenville, SC
Lay New Bio HS 12-5-13

John T. Lay, Jr.

Shareholder
Columbia, SC

Culbreath Bio Website HS 10-7-13

Gray T. Culbreath

Shareholder
Columbia, SC

Premises Liability Suit Voluntarily Dismissed

GWB attorneys Daniel B. White and Kyle J. White recently obtained the dismissal of a serious premises liability suit against a major national waste management company.

GWB Chosen As National Trial Counsel In Chinese Drywall Litigation

GWB attorneys defended a large South Carolina building-supply company in over 30 lawsuits brought by its largest customer.