Complex Litigation

PRACTICE AREA CONTACTS: Kevin M. Murphy, Jan E. Simonsen, Thomas L. McCally, and Matthew D. Berkowitz

Carr Maloney has developed a regional and national reputation for efficient and effective litigation of complex civil matters. We have many highly experienced attorneys who represent clients in high-stakes, multiparty litigation. We litigate complex disputes involving toxic tort, product liability, construction and insurance coverage claims, among others. We also serve as national and regional coordinating counsel for our clients, who retain our services because of our knowledge and understanding of their unique product or policy issues.

Indoor Air Quality Claims

The firm has been at the forefront of the defense of indoor air quality, or so-called “sick building syndrome,” claims. These cases typically involve allegations that various respiratory illnesses were caused by toxins, allergens or pathogens circulating in an office, residential or other building. The key issues in these cases often turn on suspected toxic HVAC systems, construction materials, furnishings and molds.

Lead Paint

For more than 20 years, Carr Maloney has defended lead paint poisoning claims in the mid-Atlantic region. We are well-versed in the complex legal and factual issues surrounding causation that arise in a lead paint case. Defending our clients against these claims has also brought into play our experience and skill in other legal areas, such as landlord and tenant law and consumer protection acts. Given our trial experience in this area, we are also fully conversant in related factual issues, such as product testing, remediation, neuropsychological damage and alleged brain damage. Please refer to our Toxic and Mass Tort practice page.

Complex Product Liability Litigation

Carr Maloney has litigated a variety of large, complex product liability cases. We have defended clients against large claims filed by homeowners, contractors and others against manufacturers of plastic, polybutylene pipe. We have also defended manufacturers of various medical devices, including heart valves, pacemakers, catheters, and ocular implants. We co-authored the brief filed in the United States Supreme Court on behalf of a medical device insurer in Lohr v. Medtronics, a critical case on federal preemption.

Intellectual Property Litigation

Carr Maloney understands the importance of a client’s intellectual property. We know a business’ mark is critical to its viability, and that great losses can be sustained when clientele confuse a company’s mark with a major competitor’s. With that in mind, our attorneys have successfully litigated many complex and high-profile trademark disputes. We have represented major clients in cases involving the name of a national restaurant chain, the name of a popular Internet search engine, and the name of a product line of a major video producer and media company, among others. In all such cases, our firm acts quickly and efficiently to stop harm to our clients’ interests. We have also litigated copyright issues involving books, entertainment characters, beer label designs and software distribution, and we have advised clients on registration, “work for hire” and licensing issues.

Construction and Property Damage Cases

Construction and property damage claims can be factually complex and with large exposure. Because of our experience in this area, our clients retain us to defend them and minimize their risk. Carr Maloney has defended major companies in construction cases involving property damage, construction site personal injury and wrongful death, nuisance and trespass, and other construction-related claims. In addition, we have handled several multi-million dollar utility line cases resulting in large property damage and personal injury claims. Our attorneys also have extensive experience litigating multiparty, commercial fire damage claims. Our experience has shown that these construction, utility line and fire cases expand beyond a plaintiff asserting a tort cause of action, to include claims among the defendants for breach of contract and indemnification. Carr Maloney’s attorneys routinely represent our clients in all aspects of these cases.

Asbestos

Historically, asbestos claims have been the largest of the “mass torts,” with hundreds of thousands of individuals having filed claims. This firm has been fully entrenched in the decades-long “asbestos war.” We were lead counsel in the seminal asbestos case in the District of Columbia, and we have defended manufacturers of construction materials, boilers, brake linings and insulation, among others manufacturers of asbestos containing products.

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