Toxic Torts

Hugo Parker’s experience in toxic tort litigation is rooted in its historic and broad ranging asbestos defense practice. We have started over 100 asbestos personal injury and wrongful death trials and have consistently achieved outright dismissals, complete defense verdicts or settlements below the lowest pre-trial demands.

Toxic torts claims have expanded exponentially, now including exposure to talc, mold, benzene, silica, and most recently Covid-19. Hugo Parker has effectively defended claims in each of these categories and more.

Case Studies

Fully Informing Juries

Parachute Counsel

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parachute Council means jumping into a

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case

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that’s a problem that’s either set for

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trial mediation or arbitration usually

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imminently

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imminent can be a trial date either a

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week or even days away from my initial

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assignment

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I’ve been trying cases for 30 years my

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initial trial experience came as an

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assistant district attorney in San

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Francisco I could literally be walking

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out of the building to go to lunch and

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I’d be handed a file and told I’d be

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picking a jury that afternoon that’s a

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skill either you have and improve upon

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or you don’t have it and you find

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another line of work now I’ve developed

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that ability and brought it to civil

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litigation if I know a client I know

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their products and their activities I

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can jump into a case with a moment’s

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notice

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most of the cases that I handle as

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parachute Council don’t go to verdict I

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take a fresh look at the case as it sits

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right now with no ownership history with

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regard to how it has worked up and find

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the best outcome for my client usually

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they resolve

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I’ve been called to jump into cases as

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parachute Council in Philadelphia

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Pennsylvania New York City Madison

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County Illinois Honolulu Hawaii Alameda

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County in Los Angeles California they

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sound like they’re diverse but there is

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a common theme among all of them they’re

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known as judicial hellholes from the

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defense point of view

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when I jump into a case’s parachute

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Council I have no ownership over how the

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case was prepared I look at it

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objectively as it is when I entered the

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case in some cases I have to make a

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drastic change in the underlying defense

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strategy for example in one case it was

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worked up as defense lawyers normally do

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they deny liability and they try to

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dispute the damages but the client’s

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conduct was so bad that there was no way

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to really defend its conduct it was

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better to admit liability by admitting

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liability it excluded evidence of

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conduct and the conduct would have been

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a multiplier in terms of Damages in

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another case defense Counsel had

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retained the normal experts again to

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dispute liability but the experts didn’t

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fit the case we were actually better

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using the plaintiffs experts against

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them rather than and using the retained

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defense experts the retained defense

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experts would have given up portions of

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the defense so we excused those experts

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doing that led to resolution of the case

Brief History of Asbestos Litigation

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let me give you the history of asbestos

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litigation in one minute in 1966 Claude

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Tom plate filed the first third party

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asbestos claim in court against 11

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asbestos insulation manufacturers he

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went to trial and lost

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three years later Clarence Burrell filed

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virtually the same case in Texas and he

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won he was awarded eighty thousand

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dollars in 1969. that was a lot of money

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and it changed how people with

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asbestos-related disease were

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compensated it wasn’t limited anymore to

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workers compensation now there was the

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Second Avenue for money and that was

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lawsuits against manufacturers and

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Distributors by 1982 Johns Manville the

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largest manufacturer of asbestos

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products in the United States and the

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self-claimed master of asbestos filed

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for bankruptcy citing 11

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000 pending cases in 1980 Owens Corning

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fiberglass The Pink Panther filed for

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bankruptcy citing seven billion dollars

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of debt the same point the law has

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changed initially the law required

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traditional causation but for causation

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it became watered down and but for cause

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became substantial factor and

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substantial Factor was watered down to

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increased risk the result is that

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products that didn’t create dust

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traditionally like gaskets and packing

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were now squarely in the target of

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plaintiff attorneys and even products

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that didn’t intentionally contain

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asbestos like talcum powder

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became targets as of 2021 Johnson and

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Johnson put their talc business into

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bankruptcy at this point there have been

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hundreds of bankruptcies caused by the

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asbestos litigation

Virtual Trials

Socially Distanced Trials

Virtual Depositions

Virtual Jury Selection

Asbestos Trial Experience

The Modesto Dry Cleaning Cases

About Hugo Parker