Environmental & Toxic Torts

Environmental & Toxic Torts

Tyson & Mendes has successfully represented companies across the United States in environmental, toxic tort, and products liability actions involving claims for personal injury and wrongful death.  Cases typically involve numerous claimants, although we have also defended single plaintiff, single defendant cases.  We have defended clients in various federal and state courts and administrative boards, including the EPA.

Our litigation experience includes CERCLA, CEQA, Clean Air Act, Proposition 65, asbestos related cases, federal and state safe drinking water laws, landslide events, air quality issues, and construction contract issues.  We have successfully defended cases in which the chemical exposure arose from a worksite, a consumer product, a landfill, a manufacturing facility, or a general environmental release.  Our attorneys have handled cases in which the chemical products at issue include various solvents (e.g., benzene or chlorinated solvents); gasoline and its constituents; motor oils; other lubricants and specialty motor blends and additives; heavy metals such as arsenic and vanadium; agricultural chemicals including pesticides such as 2,4 D; and fibers (e.g., asbestos) and silicates.  We have also developed expertise in the field of indoor air quality and “sick building” syndrome.

• News

San Diego Appellate Court Rules In Favor of Omni Resort: Tyson & Mendes Wins Appeal on $125 Million Summary Judgment Win

September 13, 2018 9:12am

SAN DIEGO (Sept. 13, 2018) – Marking a two-time victory for San Diego-based defense firm Tyson & Mendes, a San Diego appellate court upheld on Sept. 11 a judgment in favor of Carlsbad’s Omni La Costa Resort & Spa, which was being blamed for the devastating 2014 Poinsettia fire.

State Supreme Court won’t review dismissal of Poinsettia fire case against resort

December 4, 2018 12:56pm

The San Diego Union-Tribune – December 3, 2018 The state’s highest court will not review a lawsuit that sought to blame a destructive 2014 wildfire in Carlsbad on the resort where the fire is suspected to have started.

Hotelier not Responsible for Poinsettia Fire

November 13, 2018 11:16am

Claims Magazine – November 9, 2018 A lawsuit that sought to place the blame for a costly and destructive wildfire on a San Diego County resort was adjudicated in favor of the resort — after the plaintiff could not produce any evidence to prove the resort was responsible for the fire.

Jury Finds Cos. Don’t Owe Boy In $23M Farm Pesticide Suit

July 13, 2017 12:07pm

Law360 – July 12, 2017 A California jury on Wednesday sided with three companies in a toxic tort trial, rejecting a mother’s claims for $23 million in damages due to her son’s alleged in utero exposure to chemicals when she worked on a berry farm, a defendant’s law firm said.