Catastrophic Litigation

Long having made litigation arising out of catastrophes a big industry, plaintiffs’ attorneys have become extremely sophisticated as to how to bring and litigate cases. As a result, catastrophic litigation defense has become a complex task. What is more, the stakes for failing to successfully defend have grown significantly. Defendants in such cases therefore often find that sophisticated advice on how best to confront these difficult challenges is essential.

Construction
Hinshaw represents owners, contractors, design professionals and others in the full range of construction litigation. We have served as defense counsel in many major catastrophic cases involving loss of life or serious property damage. We have also litigated numerous property damage cases. Our long history of dealing with insurance companies and claims adjusters better enables us to handle coverage issues and settlement negotiations.

Environmental
We are skilled at handling all forms of federal and state environmental litigation in jurisdictions across the United States. Businesses of many types rely on us to represent them in civil and criminal environmental enforcement cases and in actions involving brownfields, coastal zone management, indoor air quality, OSHA rules, surface mining laws, toxic torts and underground storage tank rules.

Insurance Coverage
Where there is a catastrophic loss involving difficult questions of allocation among insurers, Hinshaw lawyers are likely to be involved. Where possible, they work toward finding a common ground. When Hinshaw lawyers offer insight and express concerns, the courts have taken notice. Where litigation cannot be avoided, Hinshaw lawyers have obtained equitable contribution for clients; recovered payments made under a mistaken belief that primary coverage was exhausted; and successfully resisted a claim for reimbursement made by a primary carrier against an excess insurer.

Products Liability
Our national products liability litigation defense practice is known and respected across the United States. We have extensive experience in products ranging from cranes to veterinary pharmaceuticals, and in industries running the gamut from aviation to agriculture. In addition to individual cases, we frequently defend class actions and multi-district litigation involving products liability. We are also well versed in all phases of the regulatory-litigation procedures and in negotiating with agencies and prosecutors.

Professional Liability Defense
Our nationally recognized Professional Liability Group lawyers frequently defend architects, physicians and all other professionals in catastrophic litigation. Where necessary we add depth to our representation by bringing in our attorneys who focus more exclusively on construction, environmental, products liability and other matters. This results in a seamless, tailored and targeted defense designed to meet head on the challenges at hand.

Toxic Torts
We have litigated the health and property effects of dozens of different biological and chemical substances in class action, multidistrict and smaller toxic tort cases. Our firm serves as national or regional defense counsel for many clients in related cases. Understanding the often massive business-related impact of these cases, we also routinely implement budgeting, communications and cost-containment criteria to satisfy the most demanding clients.

Transportation
Our experience representing transportation clients in catastrophic tort and other litigation runs deep. Where a catastrophic accident has occurred, we can assemble the requisite teams of engineers, investigators and technicians and assert available privileges so as to help gain control over the discovery process before a lawsuit is even filed. Once a case has been brought, we work with outside professionals to develop the requisite accurate and compelling expert evidence. When necessary, we quickly identify and address the novel product liability claims and theories that frequently become issues in these cases.

Workers’ Compensation
Our Workers' Compensation Group attorneys represent manufacturing, publishing, restaurant, retail, services, transportation and other clients in matters involving exposure claims, complex compensability disputes and other subjects that arise in catastrophic litigation. We have also handled some of the most complex and high financial exposure workers' compensation, class action and third-party liability cases involving catastrophic injuries, fatalities and toxic tort exposures.