Toxic Torts & EnvironmentalWe have successfully dealt with juror claims including cancer, fear of cancer, pollution, diminution of  property value  and property damage, and medical monitoring.  Our consultants have created winning tactics for dealing with the challenges that arise from juror anxiety about cancer risks and exposure to toxic substances.

Since many toxic tort cases are serial litigation, we have been afforded the opportunity to create unique, successful strategies. We’ve had extensive experience developing persuasive themes, company stories and demonstratives, and preparing experts for effective state-of-the-art and scientific testimony. We have also identified characteristics that are associated with high damage jurors, low damage jurors, defense jurors and stealth jurors.

We work to help level the playing field by training counsel in achieving effective cause challenges.  As a result of our training, rates for getting cause challenges granted increase from 30% to 50%.

One notable success involved a case with several thousand plaintiffs in West Virginia. Jurors had to determine a punitive damages multiplier, which was to be applied to any compensatory damages awarded in subsequent trials. Our client was the lone defendant who did not settle before trial. Due to our assistance, the jury came back with a multiplier of ten cents on the dollar, which is by far the lowest verdict ever awarded in this type of case.

Trial Behavior Consulting has been involved in cases with a wide variety of toxic substances, including:

  • Hexavalent chromium
  • Cadmium
  • Beryllium
  • Arsenic
  • Lead
  • Asbestos
  • Mold
  • PCE
  • MTBE
  • Dioxin
  • MEK
  • TCE
  • Diesel fuel
  • Chlorinated hydrocarbons