Overview
Over the course of his 30-year career, Cal Burnton has tried and won numerous complex toxic tort and product liability cases, earning a national reputation for his ability to defend challenging mass tort and class action litigation. From chemical exposure and groundwater contamination cases, to toxic torts involving personal injury and diminished property value claims, to catastrophic and mass disaster litigation, Cal is widely sought after for his track record of success with the most sensitive and arduous of matters. He has represented clients in federal and state courts in almost every state across the United States. His repertoire of clients includes leading manufacturers and sellers of products such as chemicals, heavy industrial machinery, and consumer products.
In addition to being a litigator, Cal is a trusted counselor to his clients, advising on issues regarding government regulations, product safety, and ethics. He also lectures regularly on product liability issues in the US and Japan.
- Illinois
- Wisconsin
- Supreme Court of the United States
- US District Court, Northern District of Illinois
- US District Court, Eastern District of Wisconsin
- US District Court, Western District of Wisconsin
- US Court of Appeals, First Circuit
- US Court of Appeals, Fifth Circuit
- US Court of Appeals, Seventh Circuit
- J.D., Marquette University, 1981, with honors
- B.B.A., University of Wisconsin, 1978, with honors
Representative Matters
Mass Torts
- Served as lead trial and coordinating counsel for chemical manufacturers in numerous lawsuits in both state and federal courts in Mississippi alleging environmental contamination leading to health and property damage. The suits were brought by over 1,400 residents living near a chemical plant.
- Served as lead trial counsel in mass toxic tort litigation involving over 500 plaintiffs alleging trespass, nuisance and negligence claims, as well as violations of state regulatory laws in Little Rock, Arkansas.
- Represented a chemical company against negligence, nuisance and trespass class action alleging injury and property damage in neighborhood surrounding a plant. Louisiana Supreme Court overturned class certification.
- Served as lead trial counsel for chemical company in toxic tort and personal injury litigation involving over 500 individual plaintiffs in Alexandria, Louisiana. In the first individual plaintiff trial, where plaintiff's counsel asked the jury to return a verdict in for millions of dollars, the jury was out for 90 minutes and returned a defense verdict for our client on all counts.
- Defended chemical company in multiple wrongful death and personal injury suits brought in New Jersey after a chemical explosion at a manufacturing plant.
- Served as defense counsel in mass tort trial in Charleston, West Virginia, involving neighbors and former workers at a chemical plant.
- Represented chemical company in toxic tort litigation in Texarkana, Texas.
- Served as lead counsel for manufacturer of water tank liner against allegations that the client contaminated water at a community housing facility; case involved claims of personal injury and medical monitoring on behalf of several hundred present and past residents.
- Represents foreign corporation in claims asserting veil piercing theories of liability for environmental toxic tort claims brought against acquired subsidiary company.
- Represents manufacturer of creosote and pentachlorephenol in ongoing national defense coordination for numerous toxic tort matters filed across the country.
- Defended regional agricultural cooperative network in five statewide class actions pending in Madison County, Illinois alleging that atrazine, a widely-used agricultural herbicide, caused property damage.
Product Liability
- Advise clients of responsibilities under Consumer Product Safety Improvement Act.
- Served as national counsel for well-known toy company advising on compliance with product safety and government regulation.
- Served as national counsel for well-known firearms company. Coordinated, managed, and defended numerous product liability cases alleging claims of wrongful death, hearing loss, and shooting injuries. Served as counsel in trials in Seattle, Washington; San Francisco, California; and New Haven, Connecticut.
- Represented manufacturers of rifles and shotguns against various product liability claims. Achieved successful defense verdict in trial in Anchorage, Alaska in 2003. Defended other cases in Alabama, Georgia, Texas, Tennessee, and Wisconsin.
- Served as national coordinating and trial counsel for manufacturer of wood cutting equipment, trying cases in Seattle, Washington; Iron Mountain, Michigan; and Fort Smith, Arkansas.
- Provided counseling and training for Japanese manufacturers, conducting seminars in Tokyo, Osaka, Kyoto and Niigata on five occasions.
- Counsels clients on national and international product safety issues, warning issues, FIFRA compliance, and drafting Material Safety Data Sheets.
Speaking Engagements
-
"Discussion on How Adequate Warnings Can Help a Defense Attorney Win a Lawsuit," 2016 DRI Product Liability Conference, February 4, 2016
News & Publications
Press Releases
Steptoe Further Expands Chicago Office with Addition of Three Litigation Partners
March 6, 2015
Press Releases
Steptoe Expands Chicago Office with Addition of Four Litigation Partners
February 18, 2015
Noteworthy
- The Legal 500 US, Litigation: Product Liability and Mass Tort Defense, Toxic Tort (2016)
Professional Affiliations
- Defense Research Institute
- Illinois State Bar Association
- International Association of Defense Counsel
- Wisconsin State Bar Association
- National Institute for Trial Advocacy