Silica and other dusts


Bates White regularly advises companies, insurers, and policyholders to help them understand and quantify potential liabilities. We connect important legal considerations to the corresponding financial impact associated with exposure and injury resulting from toxic products or other substances. We bring our advanced modeling capabilities to estimate potential exposure, forecast claims, and assess and value liability. Our approach is customized for each case and the strength and flexibility of our analyses help our clients to obtain favorable results.

  • Coal dust (isocyanate). Advised corporate client that manufactures chemical products in a class action suit brought by more than 1,000 plaintiffs who were allegedly exposed to isocyanate compounds. Examined the claimants list for alternative causation. Our analysis showed that a large portion of the plaintiff class had filed personal-injury claims alleging additional injuries and exposures. Our client was ultimately removed from the litigation.
  • Mixed dust. Provided settlement support for an insurer in a matter involving claims stemming from exposure to coal dust, silica, and asbestos. Constructed models of disease incidence, estimated future claims, and analyzed the allocation to various insurers of historical and future indemnity and defense costs. Provided scenario analysis to assess the impact of various assumptions and different legal outcomes on insurance policy allocation. Conducted expected value analysis to calculate an improved best estimate loss reserve for the engagement.
  • Silica. In In re Federal-Mogul Corporation, we worked on behalf of Federal-Mogul to evaluate the silica liabilities of newly acquired company T&N PLC. Both companies were among the world’s leading producers of thinwall bearings used in car, truck, and heavy equipment engines. Federal-Mogul ultimately divested the thinwall bearings assets it had received as a result of the acquisition.
  • Respirators. On behalf of multiple defendants, we quantified potential liabilities associated with exposure to asbestos, silica, and other dusts from allegedly defective respirators.