TIMOTHY E. KAPSHANDY is a partner in the Chicago office with experience in product liability, civil rights and complex litigation, particularly mass toxic tort litigation. He has worked on and tried toxic tort cases in jurisdictions such as Indiana, Florida, Alaska and Canada. His litigation practice for the past 30 years has focused on the defense of claims such as fear of cancer, increased risk of cancer, immune dysfunction and neuropsychological damage as a result of exposure to various chemicals. Mr. Kapshandy has devoted substantial time to combating "junk science" techniques and has helped lead the firm’s coordination of asbestos and formaldehyde defense work. He served as American liaison counsel for a major corporation in a trial in Canada involving more than 2,000 plaintiffs claiming neurological, immunological, carcinogenic and pulmonary injuries from alleged exposure to formaldehyde from an insulation product. He helped achieve a defense verdict for a major oil refinery in an Indiana class action brought by 500 residents living near the refinery. Mr. Kapshandy is the author of a number of publications on product liability law and scientific evidence including Chapter 7, "Trial of Scientific Evidence Cases" in Scientific Evidence and Experts Handbook, Aspen Pub. (1999). Mr. Kapshandy speaks Spanish and French. He has served as an arbitrator in Cook County Circuit Court’s arbitration program. Mr. Kapshandy was named the Best Lawyers’ 2012 Chicago Products Liability Lawyer of the Year.
Canadian UFFI Litigation — Worked on 7 year trial of 20 test cases in Montreal resulting in defense
verdict that was upheld on appeal by Quebec Court of Appeals. Cases
were test cases for 2000 other cases in the wings. Was able to obtain
significant award of costs and fees for client.
Martin vs Amoco Indiana Class Action — Tried to defense jury verdict claims of 500-member class for personal
injury and property damage alledged to have been caused by leak
from refinery. Verdict upheld by Ind. Ct. Appeals, Ind. Supreme Court,
and cert denied by USSCt. Plaintiffs alleged novel chemical injury claims
and property stigma. Were able to also obtain dismissal of competing
federal class action under Rooker-Feldman doctrine.
Borden Formaldehyde Alaska Tank Car Litigation — Defended 70 claims for personal injury and property damage allegedly
caused by release of chemicals from a tank car in Alaska shortly after
Exxon Valdez accident. Used Daubert and Lone Pine strategy to obtain
successful resolution of underlying claims and then obtained indemnity
from codefendant for settlement and defense costs. Plaintiffs' experts
asserted novel claims of immune dysfunction and organic brain damage.