Practice Areas & Industries: Steptoe & Johnson PLLC

Practice/Industry Group Overview

For over twenty years, Steptoe & Johnson PLLC attorneys have been involved in virtually every toxic and mass tort issue litigated in West Virginia. Our toxic/mass tort team is comprised of lawyers with a track record of recognized excellence in litigating "bet the company" cases. We routinely handle statewide litigation in a cost effective manner. The team includes a board certified pathologist, a pharmacist and several nurse paralegals, who routinely build a medical defense in complex causation cases. The synergy created by these resources allows the firm's clients to manage and resolve toxic and mass torts without interrupting their businesses or diverting their resources.

Asbestos Litigation

For two decades, Team members have represented several national asbestos-related manufacturers, suppliers, distributors, employers and premises owners in West Virginia asbestos litigation. The total number of claims resolved by the Team has reached over 33,000, including West Virginia's seven mass trials and thousands of other individual cases. Claims defended include product liability, breach of express and implied warranties, medical monitoring, and fear of future disease (negligent infliction of emotional distress). The Team's expertise was recognized in 2002 when it was selected to be counsel for an asbestos defendant, which has asbestos claims pending in several jurisdictions. The Team members also represent multiple insurance companies in the Unfair Trade Practices Act asbestos cases first filed in 2002. Plaintiffs in these cases allege violations under West Virginia's unique UTPA. In addition to the UTPA claims, Team members represent companies in deliberate intent cases where employees allegedly exposed to asbestos attempt to pierce the workers' compensation immunity.

Silica Litigation

Long thought to be a part of West Virginia's industrial history, silica litigation is reemerging at a rapid pace. Team members have represented companies which sold silica containing products and manufacturers of protective equipment. Like asbestos, silica claims are being filed on an individual and mass tort basis in West Virginia. The same plaintiffs law firms historically active in West Virginia asbestos are now moving into silica litigation and are routinely trying to use the same tactics and approaches used in the asbestos arena. In 2002, Steptoe & Johnson was selected by a client to be national counsel for silica litigation pending in Mississippi, South Dakota, Oregon, Texas, California and West Virginia.

Benzene Litigation

Team members have been retained by several companies to defend benzene cases in West Virginia. Plaintiffs in these cases alleged they contracted leukemia, non-hodgkins lymphoma and other blood-related disorders as a result of benzene or "trace" benzene exposure. These plaintiffs seek damages for current personal injuries, psychological injuries or "fear of future disease" and medical monitoring. Team members represent raw benzene manufacturers and suppliers, manufacturers and suppliers of benzene related products (paint, solvent, thinners, gasoline); employers whose workers allege benzene exposure; and premises owners. Recently, the firm was retained by insurance carriers who performed gratuitous risk assessment surveys of industrial sites. These carriers were named as direct defendants based on their alleged knowledge that benzene exposure was occurring to workers above the threshold level values.

Chemical Exposure Litigation

West Virginia has a significant chemical manufacturing base. As a result, Team members have played a pre-eminent role in the defense of personal injury claims premised on chemical exposure and multiple chemical sensitivity. Defendants that manufactured and distributed formaldehyde, latex, isocyanates, toluene, xylene, and a number of other complex chemical compounds have sought the assistance of Team members to defend these claims. Steptoe & Johnson has been entrusted by several international and national companies to investigate chemical-related claims and to defend lawsuits in state and federal courts.

Mold Litigation

Predicted to be the next "asbestos", mold has garnered national attention although the medical and scientific communities have not reached a conclusion about short and long term medical implications. Realizing the potential liability for various types of businesses, Steptoe & Johnson was the first West Virginia law firm to offer its clients, insurance companies and trade associations free seminars about mold. Team members have defended mold claims and offered consultation to employers, public and private building owners/landlords and insurance carriers about mold. Working with skilled scientists and certified mold inspectors, Team members have counseled clients in personal injury claims, property damages and first and third party bad faith liability. In 2002, the firm was selected by a national company to create and host several mold related seminars in West Virginia.

Services Available

Clients:
American Electric Power Service Corp. , Bell Mining Co. , Coastal Lumber Co. , Consolidation Coal Co. , Employers Reinsurance Co. , Equitable Gas Co. , Halliburton Services , Kemper Insurance