When a defendant’s actions interfered with the plaintiff’s person or property, a tort is committed. If the plaintiff allows these interferences to occur, the defendant is not considered to have committed a tort even if the conduct is immoral or harmful.
Tort lawsuits may be based on intentional torts or on negligence. Tort litigation costs Americans more than $250 billion.
The Firm’s tort practice is primarily devoted to litigation. Our attorneys have broad experience in insurance defense, bad faith and coverage disputes and have particular expertise in the following areas:
- products liability
- toxic torts
- bad faith liability
- excess liability
- premises liability
- mass disaster litigation
- insurance coverage
- counseling insurers regarding bankrupt insureds.
Tort litigation refers to a civil lawsuit that one individual brings against another and allows a person to recover monetary damages for injuries that a defendant causes by negligent or intentional behavior. In addition to representing clients in particular lawsuits, our attorneys frequently act as national liability counsel for clients that are involved in mass disaster litigation or multiple tort situations that have generated related litigation in various parts of the U.S. or in other countries.
Sometimes tort is also punishable under criminal law, especially if it is intentional. Intentional torts occur when one person intentionally harms someone else.
On the other side, mass tort litigation is a civil action involving numerous plaintiffs against one or a few corporate defendants in State or federal Court. A great amount of similar cases is filed against common defendants and consolidated before a single judge. In such cases, a manufacturer or retailer makes and sells a defective product, such as drugs, and injure hundreds or even thousands of people.
Mass torts may involve litigation related to product liability (pharmaceutical and medical device litigation), man-made disasters (airplane crashes) or toxic exposure (asbestos exposure and groundwater contamination) as well as agricultural products, industrial equipment building materials, consumer goods, food products, and tobacco.
The Constitutional and Specialized Tort Litigation Section (CSTL) of the Department of Justice, oversee both constitutional tort litigation, and the Justice Department’s specialized Compensation Programs (the Radiation Exposure Compensation Program and Vaccine Injury Compensation Program).
We conduct in-depth factual analysis through internal investigation and document review and present strong legal and factual defenses. We enjoy complex medical or scientific expert testimony in support of motion practice or at trial. We evaluate claims and defenses through the use of pre-trial tools and mock jury presentations.
Finally we resolve cases through trial, dispositive motion practice, or settlement.