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Tom Van Wyngarden is a partner in the Litigation Department at Chapman and Cutler LLP. Mr. Van Wyngarden has successfully defended a large variety of Fortune 100 and Fortune 500 companies in connection with claims arising out of the release of hazardous chemicals, business, corporate and real estate disputes, product liability, and the alleged violation of federal and state statutes, including the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the Resource Conservation and Recovery Act (RCRA), the Clean Air Act, the Petroleum Marketing Practices Act (PMPA), California’s Proposition 65, and the Unfair Business Practices Act. He represents clients in the energy, aerospace, oil and gas, waste management, fuel transportation, mining, biotechnology, agricultural, maritime, entertainment distribution, munitions, and chemical manufacturing industries, among others. Mr. Van Wyngarden’s litigation experience in the environmental, commercial and toxic tort areas is extensive. He has successfully resolved thousands of claims in the environmental and toxic tort areas by motion practice, trial and favorable settlement. Most of these lawsuits have involved claims of individuals, companies or neighborhoods alleging cost recovery and/or contribution, property damage, diminution in property value, economic and business losses, stigma, personal injury, wrongful death, fear of cancer, emotion distress and medical monitoring--commonly arising out of the alleged release of contaminants into air, soil and groundwater from pipeline, landfill, underground storage tank systems, or manufacturing, vessel, port or pesticide application operations. Mr. Van Wyngarden has developed significant expertise in the environmental litigation and toxic tort arena and is well versed in the fields of epidemiology, toxicology, contaminant fate and transport, health risk assessment, groundwater and air dispersion monitoring, and drinking water distribution, having worked extensively with nationally renown experts in these disciplines. He has provided expert testimony regarding the justification and reasonable resolution of such mass tort litigation. Among his major successes was the defense of a waste management company against thousands of claimants seeking damages for alleged personal injury, medical monitoring, fear of cancer, emotional distress and property damage arising out of one of the largest Superfund sites in Southern California. Brought by more than 1,800 plaintiffs against 150 defendants in over 8 separate lawsuits, Mr. Van Wyngarden was appointed lead defense counsel by the Court and co-defendants. Due to the implementation of vigorous defense strategies, all claims were resolved with a much celebrated settlement. |
