LITIGATION

The firm handles disputes in every forum, from state and federal trial and appellate courts to domestic and international arbitrations, and from alternative dispute resolution processes to administrative tribunals of all kinds. To each, we bring a grasp of the underlying substantive issues and the forensic skills and strategic insights necessary to produce a successful result.

Representation by Gilbert & Gilbert will involve a comprehensive investigation of the facts of the situation for a full analysis of the legal and business impact of any litigation contemplated or confronted by you.  In short, whether appointed as insured counsel or directly, it is our objective to function as an extension of your in-house legal team.

With your involvement we take a proactive approach to the litigation process to limit and clarify the scope of a matter and thereby control which issues receive the most emphasis during the proceedings.  By directing the agenda, we find that we can effectively control the litigation, and often the result.  This disciplined approach produces substantially better results than a more reactive approach often taken.

The litigation we regularly handle includes:

• Toxic tort litigation, mass tort claims associated with personal injuries related to products liability caused by asbestos exposure, lead paint, latex glove and mold.        
• Products liability claims relating to major mechanical failures and alleged design defects as direct defense, as well as recovery efforts in subrogation or by third party practice.
• Professional malpractice, directors and officers liabilities (D&O), and miscellaneous professional errors and omissions liabilities (MPL and E&O) for a variety of professions including, insurance brokerage, real estate brokerage and boards of directors and trustees of foundations and association plans, etc.
  • contract actions based on employee handbooks etc.,
  • employment based tort actions seeking pain and suffering for wrongful termination and allegations of employers' or co-workers misconduct, statutory claims for discrimination, and for harassment in various manifestations including
  • Title VII, sex, race and national origin.
• Builders' risk exposures and labor law imputed liabilities.

We consider it our responsibility to assure your full appreciation of the litigation process and our obligation to keep you closely “in the loop” on the strategy, status and progress of your cases.  With your involvement we work as a team to best evaluate your options to maximize your legal position.

To assist the decision makers in your organization in managing your risk we provide training and general consultation in employment practices and professional liability. We offer substantive and procedural overviews of litigation in the areas of mass toxic tort (asbestos and lead paint) and products liability exposure with a focus on the practical realities of matters that have significant business impact and require technical expert testimony.