Representative Defense Experience
- Defended clients in lengthy and complex multi-defendant trials involving claims of asbestos exposure.
- Defense of multi-party asbestos, respirable dust, silica, and benzene exposure cases.
- Represented manufacturers from numerous industries in product liability suits, including manufacturers of cosmetic talcum powder products, joint compound, fire brick, automotive parts, felt, gaskets, pumps, HVAC components, turbines, and more.
- Represented premises owners in mass tort litigation involving claims of premises liability.
- A member of our current team participated in persuading the Oklahoma Supreme Court to adopt the Daubert standards for expert witnesses, paving the way for stricter scientific scrutiny in Oklahoma civil proceedings.
Firm Recognition
- Tier 1 Product Liability Litigation – Defendants
- Tier 1 Mass Tort Litigation / Class Action – Defendants
Challenges in Asbestos & Silica Litigation
Each case involving asbestos, talc, or silica faces unique legal challenges. At Phillips Murrah, we deeply understand the specific hurdles in defending toxic tort cases. Here are some of the most challenging issues and how we address them to help you succeed:
- Product Identification Defense: Product identification is a legal requirement that a plaintiff must prove that the injury resulted from exposure to your specific product, not merely from exposure to any asbestos or silica. Often, claims rely on decades-old memories, vague work histories, or the assumption that “everyone used the same materials.” Our role is to rigorously analyze exposure evidence, trace product histories, and compel plaintiffs to meet their burden—positioning cases for early disposal when identification fails.
- Scientific causation determines whether the alleged exposure was sufficient to cause the claimed disease under accepted medical and epidemiological standards. Plaintiffs often rely on broad theories that any exposure is causative, even when dose and durationare not established. We work with leading medical, industrial hygiene, and epidemiology experts to challenge unreliable methodologies and ensure that courts scrutinize proposed expert testimony consistent with Daubert principles.
- “Take-home” exposure claims assert liability for secondary exposure allegedly carried home on an employee’s clothing, extending risk beyond the workplace. These claims can expand potential liability to spouses and family members who never directly encountered the product at issue. We evaluate duty, foreseeability, and jurisdictional limits while aggressively contesting causation and exposure to limit the expansion of liability.
- Premises liability claims allege exposure at a facility owned or controlled by the defendant, often decades ago, under vastly different regulatory standards. Plaintiffs may argue that the mere presence of asbestos or silica created a duty to warn or remediate, even retroactively. We focus on historical context, premises control, contractor responsibility, time-limitation defenses, and evolving safety standards to limit or eliminate premises-based liability.
- Long Latency Periods and Evidentiary Gaps: Asbestos- and silica-related diseases often manifest decades after alleged exposure, creating profound evidentiary challenges. Over time, witnesses disappear, documents are lost, and operational practices change, leaving claims built on speculation rather than proof. These gaps allow us to challenge the credibility of testimony, causation timelines, and evidentiary reliability—to expose weaknesses in plaintiffs’ cases.
Consult with Our Toxic Tort Defense Team
If you are facing an asbestos, talc, or silica claim today, you may be confronting one of the most serious legal events your company has faced, and it can feel overwhelming. Our toxic tort defense team is here to help you navigate this process.
If the enterprise is currently facing claims related to:
- Alleged workplace asbestos exposure, including mesothelioma, lung cancer, or asbestosis claims brought by current or former employees, contractors, or third parties.
- Silica or respirable dust exposure, arising from construction, manufacturing, mining, oilfield, or industrial operations, and resulting in silicosis or other pulmonary disease allegations.
- Talc-related product liability litigation, involving claims that cosmetic, industrial, or component talc products caused cancer or asbestos-related disease.
- “Take-home” or secondary exposure lawsuits, asserting liability for family members allegedly exposed outside the workplace through contaminated clothing or equipment.
- Premises liability claims, based on alleged historical asbestos or silica conditions at manufacturing plants, refineries, job sites, or other owned or controlled facilities.
- Multi-plaintiff or mass tort litigation, including coordinated state court proceedings, consolidated dockets, or federal Multi-District Litigation (MDL).
- Class action or aggregated claims, asserting widespread exposure, failure-to-warn theories, or historical product defects.
- High-stakes product liability litigation, where adverse outcomes could materially impact operations, insurance coverage, or long-term enterprise value.
Time is crucial when dealing with an asbestos, talc, or silica lawsuit that could threaten your company’s future. Contact us now for a confidential review of your legal situation. We will analyze the allegations, clarify your options, and start building a strong defense strategy customized to your case. Don’t delay—having experienced toxic tort defenders early increases your chances of managing the risk and protecting your business. Get in touch today and let our expertise help safeguard your enterprise
