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Climate Torts and Corporate Liability: Reimagining Personal Injury Claims

Preparing for Legal Fallout From Leon v. ExxonMobil Corp.

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, August 26, 2025

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

or call 1-800-926-7926

This CLE webinar will discuss recent expansion in corporate tort liability for personal injury linked to climate change. Catastrophic events including heat domes, wildfires, floods, and major storms routinely cause personal injury. Leon v. ExxonMobil Corp. is the first U.S. suit to directly allege wrongful death caused by climate change. As extreme climate event occurrence and severity increase, more plaintiff lawsuits may emerge linking physical harm to corporate actions.

Description

The panel will cover evolving legal theory including wrongful death, negligence, public nuisance, and failure to warn as they may apply to injuries sustained in climate events.

Scientific advances enable plaintiffs to trace causation back to corporate conduct, allowing for innovative litigation against fossil fuel companies, utilities, and other high-emission enterprises. The session will cover a global perspective, highlighting related tort cases in New Zealand and Germany which may influence U.S. jurisprudence or at a minimum predict future litigation posture.

As these legal strategies evolve, so do the corporate and government risks. The experts will address insurance coverage challenges including CGL and D&O policy exclusions, parametric insurance, and ESG-based underwriting. The session will discuss potential public agency liability under state tort claims acts. Corporate and municipal advisers will hear risk mitigation strategy such as disclosure audits, governmental heat and climate safety policies, contractual protections, and legal readiness protocols for climate-related litigation.

Listen as our expert panel discusses the legal, operational, and strategic challenges from future personal injury claims causally tied to major climate events.

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Outline

  1. Introduction
    1. Overview of recent extreme weather events: heat domes, wildfires, and floods
    2. From emissions to personal injury: the evolution of climate litigation
    3. Key case: Leon v. ExxonMobil Corp.: wrongful death linked to climate change
  2. Corporate liability and climate torts
    1. Wrongful death and negligence: expanding traditional tort doctrine
    2. Public nuisance and failure to warn: new uses of old causes of action
    3. Global context: Smith v. Fonterra, Lliuya v. RWE, and climate torts abroad
    4. Risk factors for fossil fuel, energy, and consumer product companies
  3. Insurance gaps and climate coverage
    1. CGL and D&O insurance: typical exclusions and coverage defenses
    2. Greenwashing and disclosure liability under securities and tort law
    3. Parametric and climate-specific insurance: emerging products
    4. ESG assessments and insurer underwriting trends
  4. Governmental liability, sovereign immunity, and climate response
    1. Duties of care in public health and emergency management
    2. State tort claims acts: waivers, exceptions, and litigation strategies
    3. Ministerial vs. discretionary functions in disaster preparation
    4. Case examples: cooling centers, public housing, power shutoffs
  5. Proactive strategies for legal risk mitigation
    1. Climate attribution tracking and legal readiness
    2. Disclosure best practices and failure to warn audits
    3. Internal policy design: heat protocols, safety standards, public access
    4. Contractual risk transfer: indemnity, liability limits, ESG clauses
  6. Conclusion with Q&A

Benefits

The panel will review these and other important issues:

  • Emerging tort theories linking climate change and personal injury
  • Corporate exposure to climate liability through public nuisance, product liability, and greenwashing
  • Insurance coverage issues including exclusions, climate-specific riders, and ESG-related denial of claims
  • State and federal governmental immunity defenses for climate-related disaster response failures

Faculty

McDonough, Michael
Michael S. McDonough

Partner
Pillsbury Winthrop Shaw Pittman

Mr. McDonough represents Fortune 500 companies, municipalities and private entities in complex environmental...  |  Read More

Varnado, Lauren
Lauren Varnado

Partner
Brown Rudnick

Ms. Varnado, a partner in Brown Rudnick's Litigation & Dispute Resolution Practice Group, is an...  |  Read More

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You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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