“Toxic tort suits” refer to personal injury cases that allege a harm, generally a physical injury, due to exposure to a toxic substance.[1] Toxic tort suits can cover a wide variety of toxic exposures, including those from toxic products, toxic fumes or materials in a workplace, and toxic discharges into the environment.[2] The latter can involve accidental and sometimes intentional releases of toxic or noxious substances into the air, into water bodies and wetlands, or onto land.
At Milling Benson Woodward L.L.P., our attorneys usually are associated with the defense of these claims, as oftentimes the issues of causation and actual damages remain a very real issue particularly when there are more than one possible source of a release; an employee has been exposed to toxic substances in a number of workplaces; a toxic substance occurs naturally; or, a toxic substance pre-existed a particular event or exposure.
One important area of toxic torts law involves mass torts with multiple claimants which often result in “class actions.” These are suits brought by a number of plaintiffs alleging similar injuries or damages as a result of a single event or a series of related events. In Louisiana, to constitute a “class,” representative plaintiffs are required to prove, pursuant to La. C.C.P. art. 591(B)(3), that “common questions of law or fact predominate over individual issues and that the class action is superior to any other method for resolving the controversy fairly and efficiently.[3] They also must establish the following:
Our attorneys have successfully defended companies and their insurers in numerous class actions involving releases and spills of toxic or noxious gases and liquids. These include releases or spills of gasoline, naphtha, benzene, oil, natural gas and naturally occurring radioactive materials (“NORM”) and/or technologically enhanced radioactive materials (“TERM”). The firm’s attorneys have also successfully defended the state of Louisiana from claims for oyster lease damages resulting from freshwater diversion coastal restoration projects.[5]
Finally, Milling attorneys have also defended numerous individual claims for workplace exposure to toxic substances. These most often have involved silica or asbestos exposure. The latter often result in manifestation of diseases such as asbestosis and mesothelioma occurring long after exposure, requiring defense attorneys with experience in the investigation of the causes and symptoms in such cases.
As attorneys experienced in handling toxic tort cases, we understand both the science and the law including the burdens of proof and available defenses that govern occupational and environmental exposure to harmful chemicals. Please call to schedule a consultation to discuss your toxic tort case.
Facing a toxic tort claim or class action? Contact Milling Benson Woodward today for skilled, science-driven legal defense in complex exposure and environmental cases.
Dear Clients,
After 130 years of practicing law in the State of Louisiana, the law firm of Milling Benson Woodware, L.L.P. has closed its practice of law and will cease providing professional services, effective as of 5 PM, February 18, 2026. After that time the firm will no longer represent you or other clients in any matters, cases or files.
Contact Your Attorney
To ensure your legal matters are handled without interruption, it is necessary for you to contact the individual attorney that previously handled your file or retain new counsel as soon as possible. If you have not already been contacted by your attorney for the continued handling of your files, you may contact our office before March 27, 2026, and we will attempt to put you in touch with the attorney that previously handled your file. Some of the attorneys previously with the firm will continue to practice elsewhere, and you should reach out to them or your new attorney as soon as possible.
File Retrieval by March 27, 2026
If you believe that we have any of your client files still in our possession they will be available for transfer to you or your attorney on or before March 27, 2026. If you want us to see if a file is available for transfer to you or your attorney, please reply to this email and provide written authorization to make the transfer, including the name and address (or other contact information) of your lawyer. If you prefer to personally take possession of your files, you may pick up your file at our office located at 68031 Capital Trace Row, Mandeville, LA 70471, on or before March 27, 2026.
After March 27, 2026, we will promptly proceed with arranging for the destruction of any files (other than Last Wills) not transferred to an attorney or picked up by you (or our representative) from our office. The files not transferred will be destroyed by shredding to protect all confidential information. Since the firm is going out of business, we will have no office location available to further store client files.
The Last Wills and Testaments in our possession will be transferred to Kayla Martynenko, Attorney in Mandeville, LA, who can be reached by email at kayla@legacylitigator.com. Ms. Martynenko will be attempting to reach out to those who signed Last Wills for which she takes possession. Let her know if you want another attorney to take possession of your Last Will or if you want to pick up the Last Will from her office.
Should you need additional information or want to arrange to pick up your file, you may contact our office manager, Vicky Cochran, by e-mail at vcochran@millinglaw.com or by calling Vicky Cochran at (985) 292-2015. Be sure to contact Vicky by 5 PM, March 27, 2026, to arrange for transfer of your files.
We thank you for the opportunity to have served your legal needs and wish you all the best in your future endeavors.
Sincerely,
MILLING BENSON WOODWARD L.L.P
C. Randall Loewen Managing Partner / Liquidator
