Product Liability, Mass Torts & Toxic Torts

Overview

Gunster defends manufacturers, distributors, suppliers and corporate clients in high-stakes product liability, toxic tort, and mass litigation cases throughout Florida and nationwide. We have prevailed in cases for companies facing product defects, catastrophic injury, wrongful death, toxic exposure and false advertising allegations in high-exposure individual cases as well as multidistrict, consolidated and class proceedings.

We guide clients through every stage of litigation, from pre-suit investigation and early case assessment through dispositive motion practice, bellwether proceedings, trials and appeals. Our team leads and integrates seamlessly into national defense teams and federal MDL proceedings when matters span jurisdictions, and we coordinate with our firm's environmental, regulatory and insurance practices to address the full range of risks associated with complex tort litigation.

National Product Liability Defense

Our lawyers handle science- and engineering-driven disputes for clients across a wide range of industries. We defend claims involving:

• Alleged design and manufacturing defects

• Failure to warn

• Negligence and strict liability

• Breach of warranty

• Economic loss, personal injury and wrongful death

Our team develops coordinated defense strategies, works closely with scientific, engineering, medical, and regulatory experts, leads complex discovery, challenges causation theories and represents clients at trial and on appeal.

In large-scale litigation, we work with national counsel, in-house legal teams, expert witnesses, risk managers, and corporate representatives to ensure a unified and efficient defense across jurisdictions. Our capabilities include:

• Developing overarching defense themes across related cases

• Briefing and arguing complex dispositive motions

• Managing expert strategy and Daubert challenges

• Counseling clients on risk assessment, product exposure analysis and strategies to protect their operations, brands, and long-term business interests

Multidistrict Litigation & Mass Torts

Gunster lawyers have substantial experience in federal MDL proceedings, consolidated actions, coordinated state court litigation, and parallel regulatory and governmental investigations involving large product dockets. We have defended national litigation involving:

• Xarelto®

• Electronic nicotine delivery systems (e-cigarettes)

• Pelvic mesh products

• Roundup®

• Fen-Phen
• Benlate

• Opioids, other pharmaceuticals and medical products

Our work includes:

• Trying cases

• Managing multi-jurisdictional discovery

• Developing trial themes at the outset of a case

• Developing expert strategy

• Asserting preemption and causation defenses

• Coordinating insurance recovery and indemnification

Toxic Tort & Environmental Exposure Litigation

Gunster lawyers have successfully litigated complex toxic tort matters involving environmental, agricultural, industrial, and occupational exposure allegations. These cases frequently involve epidemiology, toxicology, fate and transport analysis, dose reconstruction, and regulatory issues requiring close coordination with scientific experts and technical consultants.

Our team has defended statewide and nationwide actions involving a variety of allegedly toxic substances and products, including:

• BPA, asbestos, talc, silica and lead
• PFAS/PFOA, benzene, diesel fumes, manganese and welding fumes
• Pesticides, mold, paints and coatings, cleaners and degreasers
• Groundwater contamination

We have defended:

• Manufacturers in fungicide litigation involving dozens of lawsuits and jury trials
• Agricultural businesses facing wrongful death and exposure claims
• Corporate defendants in contamination-related litigation
• Occupational and workplace exposure claims involving hazardous substances
• PFAS multijurisdictional litigation, including MDL proceedings, state AG actions and numerous nonconsolidated cases 

Our lawyers conduct insurance coverage analysis to preserve and pursue available coverage for environmental, toxic tort, and mass tort claims, and we regularly challenge causation theories, Daubert issues, and defeating certification motions in class action.

Coordinated & Class Action Proceedings

Product liability and toxic tort claims often arise in class or mass actions. Our team works closely with our firm's Class Action Defense and E-Discovery lawyers to develop integrated strategies addressing certification challenges, large-scale document reviews and cross-jurisdictional case management. Our lawyers have defended companies against allegations involving:

• Product safety, labeling, and recalls

• Consumer fraud and misrepresentation

• Toxic exposure and contamination

• Automotive, cosmetic, food and beverage, medical device, and electronics products
  

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Industry Experience

We represent clients across a broad range of sectors, including:

• Pharmaceutical and medical device manufacturers

• Automotive vehicles and component parts

• Consumer product companies

• Aerospace component parts and industrial manufacturers

• Energy and oil and gas companies

• Agricultural and chemical businesses

Our litigators understand the sciences, regulatory frameworks, supply and distribution chains, and technical issues unique to each industry.