Bowman and Brooke Logo

PRACTICES & INDUSTRIES

While our firm is best known for defending automobile manufacturers, our lawyers counsel an array of Global 500 and internationally-based clients in high-stakes, national litigation in a range of industries.

Chemicals, Cleaners and Pesticides

periodic table of elements

Bowman and Brooke defends chemical, cleaner and pesticide product manufacturers in state and federal trial and appellate courts coast to coast.

The cases we defend often involve allegations of cancer, birth defects, and major organ diseases (e.g., diseases of the lungs, liver, kidneys and central nervous system), as well as other chronic and acute injuries allegedly resulting from inhalation, dermal, ocular and ingestion exposures. We have a great deal of experience defending against multiple chemical sensitivity claims. We have argued significant Daubert motions based on “junk science.” We have mastered the law and the science, and we deploy this knowledge to the benefit of our clients.

The outcome of chemical, cleaner and pesticide exposure cases turns upon science and reasoned application of the law to the facts of each particular case. Combining our courtroom prowess with the scientific and technical expertise of world-renowned experts, we have defended a wide variety of claims from asbestos to silica, to CERCLA and waste water.

CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE.
  • Dec 30, 2013
    New York, NY

    On December 30, 2013, Judge Scheindlin from the Southern District of New York granted summary judgment motions brought by two defendants in this toxic torts litigation.  The Court held that the Commonwealth of Puerto Rico's claims, including environmental claims seeking abatement, were time barred under Puerto Rico's one year statute of limitations on torts—despite plaintiff’s argument that sovereign immunity allowed it to pursue claims beyond the statute of limitations.

  • Jul 05, 2005
    Louisiana

    Judge rules in Ecolab's favor
    On July 5, 2005, Magistrate Alonzo P. Wilson of the United States District Court for the Western District of Louisiana entered summary judgment in favor of Ecolab Inc. and dismissed the claims of two nurses who alleged that their exposure to fumes of an Ecolab institutional floor wax stripper containing glycol ethers caused their two babies to suffer from the fatal birth defect anencephaly.

  • Mar 01, 2004
    Texas

    Probate Court, Galveston, Texas, 2004 [178 S.W.3d 434]

  • Jan 01, 2001
    Arkansas
    U.S. District Court, Eastern District of Arkansas, 2001.
  • July 18, 2016
    Articles

    The recent passage of Toxic Substance Control Act (TSCA) reform will incentivize the plaintiffs bar to bring more toxic tort suits against chemical manufacturers. TSCA's new testing mandates and relaxed protections for confidential business information will provide plaintiffs with government-generated ammunition to support "toxic soup" cases. Manufacturers must therefore ensure that they are operating in compliance with any new regulatory standards, show that past testing and confidentiality practices reflected a corporate commitment to safety and "playing by the rules," and then communicate all this to judges and juries in a compelling and comprehensible manner.

  • June 13, 2016
    Legal Alert
    The Frank R. Lautenberg Chemical Safety for the 21st Century Act ("Lautenberg Act"), designed to modernize the 40-year-old Toxic Substances Control Act ("TSCA"), is close to becoming law. The Act drastically restructures the chemical regulatory world and grants the EPA greater power to regulate both new and existing chemicals. Although the Act's focus is purely regulatory, several of its provisions will undoubtedly prove appealing to plaintiff lawyers, particularly in toxic tort contexts.
  • December 21, 2015
    Legal Alert

    Last Thursday, the Senate passed the Frank R. Lautenberg Chemical Safety for the 21st Century Act (“Lautenberg Bill”), bipartisan legislation designed to modernize the 40-year-old Toxic Substances Control Act (“TSCA”). The Senate’s vote comes five months after the House of Representatives passed its own TSCA modernization legislation, the TSCA Modernization Act. The legislation will now go to conference for reconciliation, a process that could take months to complete, assuming the legislation survives at all. If it survives, several aspects of the legislation could prove a boon for plaintiff lawyers.

  • May 20, 2015
    Articles
    Minneapolis Partner Michelle Gilboe was quoted in a Forbes.com article discussing the expected increase in litigation relating to toxic exposure from nail polish products. With a recent increase in media exposure and regulatory interest, Michelle says, "we can expect to see an increase not just in individual lawsuits but class action claims as well.”
  • May 11, 2016
    Webinars
    What is the best recipe for success when combating a Toxic Soup case? Our panel of trial lawyers and experts take you beyond the facts to craft a strong defense strategy to contest "Toxic Soup" cases.

Integrated Services

In addition to providing stellar legal counsel, we integrate our provision of other key services with the work of our legal teams. The result? Highly effective and efficient client service.
Download a PDF of the Law360 article, "Defending Against a New Generation of Toxic Torts"

Verdicts Map

Bowman and Brook Verdicts Map

We have tried cases in more than 350 courthouses in 48 states, Puerto Rico, the U.S. Virgin Islands and several Canadian provinces. Click to view representative cases.