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Toxic Mold: The Next Asbestos?

February 01, 2002

By Larry Gornick, Suzanne Avena & Desiree Giler

So-called “toxic mold” litigation is here, and at least some lawyers claim that it has the litigation potential of asbestos. Thousands of personal injury plaintiffs are currently involved in pending toxic mold cases, an untold number of construction defect cases now center on “mold abatement,” and the insurance industry is changing standard homeowners’ policies and environmental insurance policies to exclude coverage for mold infestation. This Client Alert describes recent developments in mold litigation; discusses the science and theory behind the rash of recent filings; highlights mold prevention, assessment, and remediation guidelines; identifies general weaknesses in toxic mold personal injury claims; and discusses Paul Hastings’ capabilities and experience in this rapidly expanding area.