WHAT WE DO
At A. Smith Law Group, LLP, we take a proactive approach to the assessment and evaluation of claims, working closely with our clients and their insurance carriers to explore opportunities for early resolution that might avoid protracted litigation. When warranted, we work to resolve claims using alternative dispute resolution avenues. For those matters that are not as easily resolved, we are prepared to litigate them fully up to and including trial and through the appellate process. Our experience also includes coverage issues under both claims made and occurrence policies, as well as bad faith.
The areas of practice in which we excel are as follows:
CHEMICAL EXPOSURE/TOXIC TORTS
ASLG defends businesses in claims arising out of exposure to a wide variety of chemicals and toxic substances. Unlike other firms, our medical training and education provides our clients with a distinct advantage when defending these types of cases. We are able to simplify complicated scientific concepts so the general public can readily understand them, which is essential to a successful defense. Examples of the hazardous substances and materials we routinely litigate include:
- Asbestos
Our attorneys and paralegals have exceptional skills in case management, strategy, and analysis, resulting in early resolution of cases. Additionally, our team has the ability and experience to successfully defend these cases at trial. We strive to provide the most up-to-date, effective defense in these high-risk cases using the most cost-effective approach.
- Lead Paint
In New York, lead paint remains a fertile ground for litigation even moreso after the CDC lowered threshold lead levels from 10 mcg/dl to 5mcg/dl. If claims arise from alleged exposure, you should act immediately to secure a comprehensive lead paint defense. At ASLG, we have a team of experienced attorneys with a proven track record of successfully defending these actions on behalf of property owners and insurance companies named as defendants.
- Mold
We vigorously defend the liability of the claims and the causation of the injuries. We successfully argue through our team of experts that the reliable medical research, peer studies and scientific data do not establish specific causation in mold exposure cases. We have successfully argued that the plaintiffs’ ailments can be attributed to preexisting medical conditions or exposure to other types of allergens unrelated to mold. As a result of our years of experience in defending these claims, we have been successful in obtaining early resolution without engaging in protracted litigation.
Brown Fields and Environmental Clean-up
ASLG effectively represents individuals and companies in New York and Connecticut in all aspects of civil environmental law and complex civil litigation. Our attorneys have a unique blend of experience and perspective that spans civil litigation, trial and appellate work, and private and public legal practice that few practitioners can offer.
Construction Defects
Our attorneys are knowledgeable about design concepts, construction methods and construction industry surety and insurance. We understand the roles and responsibilities of various participants in the construction process, and the contractual and legal rights and remedies of the parties. Our clients know they can rely on our in-depth understanding of the industry when we defend design and construction defect claims.
Coverage/Bad Faith
Policy interpretation and litigation calls for a special blend of trial skills and legal acumen, both of which our firm can supply. We appreciate both the turn-around time that a coverage opinion letter frequently requires and the patience that culling an underwriting file can demand in the early stages of a declaratory judgment action. We know that sometimes the litigation is fact centric, while in other instances the issues can raise more far-reaching questions that call for concerted interaction with house or general counsel’s office. We are equally comfortable litigating other insurance or co-insurance claims in conjunction with the primary litigation, either through impleader or companion declaratory judgment actions on behalf of the shared interests of the insured and carrier.
Hydraulic Fracturing (fracking)
We combine scientific knowledge, a strong understanding of major environmental statutes and regulatory programs and exemplary litigation experience to resolve environmental enforcement actions, project development litigation, private-party environmental claims, and other environmental litigation matters for our clients. We possess the expertise, experience and technical knowledge required to handle the most complex environmental issues.
Nursing Home Liability
The Firm’s experience in defending traditional medical malpractice claims provides us with the natural ability to defend nursing homes and other long-term care facilities. This background enables us to to analyze and defend the medical issues in nursing home cases, while at the same time recognizing that there are specific areas of concern for a nursing home that differ from those presented in a general negligence and malpractice case. We work aggressively to defend facilities in litigation, proactively minimize their risks and anticipate industry trends. We vigorously and successfully defend our clients during all aspects of the claim from inception to post-trial proceedings.
