Virginia Beach and Richmond Mass Tort & Class Action Lawsuit Lawyers

As personal injury attorneys, we fight for the rights of people who are catastrophically injured by the carelessness of others.

There are times that the same types of injuries happen to a group of people creating a benefit to file cases jointly as a mass tort or class action.


What is a Mass Tort?

A mass tort simply means bringing together multiple plaintiffs who have a similar claim.

This generally happens when a group of people experiences similar injuries or damages by an employer or business. When individual damages are not large enough to prompt a lawsuit, class action lawsuits can help victims hold those responsible accountable for their actions.

For example, a claim could be against a manufacturer or corporation for a product defect or harmful exposure that injures or economically impacts a larger group of consumers.

These mass actions often involve thousands of cases consolidated before one judge into multi-district litigations (MDLs), and our attorneys are regularly appointed to leadership positions within the MDLs.

Choosing Experienced Mass Tort Attorneys

Our team has recovered more than a billion dollars on behalf of clients in these cases, involving a wide range of subject matters, including defective products, environmental disasters, defective medical devices or wrongful actions that harmed a large group of people.

The attorneys at Breit Biniazan combine to create a powerhouse of experience for our clients in mass tort or class action scenarios.

  • Attorney Jeffrey Breit has spent the last decade fighting corporate giants like BP and Taishan Gypsum (Chinese Drywall).
  • On the other side, Attorney Lee Floyd spent the last decade defending corporations in high-profile class actions and MDLs across the United States; bringing unique insider knowledge to the fight.
  • Attorney Kevin Biniazan has an outstanding trial record recovering over $55 million in five years with the majority coming from jury verdicts for clients who could not otherwise get the settlement owed to them.

In addition, we often work with other attorneys who can use the resources and bench strength that Breit Biniazan provides through our network of attorneys, paralegals, investigators, and expert witnesses.

If you are an attorney with a potential case, we invite you to contact us to discuss. Contact us online or by calling 855-212-8200.

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(Left to Right) Jeffrey Breit, Kevin Biniazan, and Lee Floyd

Class Action Case Results

Chinese Drywall – $248 million

Between 2005 and 2008, Taishan Gypsum, Co. imported 100 million square feet of contaminated Chinese-made drywall to the United States due to shortages that followed the Hurricane Katrina construction spike.

The contaminated drywall contained high levels of sulfur, which resulted in a rotten egg smell in affected homes, blackened or corroded pipes, destroyed electrical wiring, failure of air conditioners and other household appliances, and health problems such as asthma, coughing, headaches, sore throats, and irritated eyes.

The majority of the contaminated drywall ended up in Virginia, Florida, and Louisiana, as well as Alabama, Mississippi, Texas, Tennessee, Georgia, North Carolina, Illinois, Oklahoma, South Carolina, and California.

In 2011, Knauf Plasterboard (Tianjin) Company, Limited settled its nationwide Chinese drywall contamination lawsuit for an amount in excess of $1 billion. The Chinese drywall cases continued against Taishan Gypsum with litigation in Louisiana, Florida, and Virginia.

Attorney Jeffrey Breit, along with Richard Serpe, represented 216 plaintiffs in Virginia, North Carolina, and Georgia.

In August 2019, Taishan Gypsum, Co. agreed to settle for $248 million. The historic settlement meant homeowners would be made “as close to whole” as possible and get closure from the lengthy litigation process.

During this process, attorneys at Breit Biniazan served in the following roles: re-appointed PSC member for the entire litigation; lead, liaison, and trial counsel for the remanded actions to the Eastern District of Virginia; trial counsel in the Eastern District of Florida remanded actions; trial counsel for the PID hearing before the special master; trial counsel for the fee committee trial before a special master Balhoff; class counsel in six separate settlement classes in the litigation (Taishan; Taishan/Venture Supply Assigned Claims; and the four Virginia class settlements). The firm was also appointed to serve as lead and liaison counsel in Virginia’s consolidated drywall litigation.

In addition, the firm utilized the Virginia state court consolidated drywall docket to advance the state-of-the-art litigation against dozens of these downstream defendants achieving scores of settlements including numerous “QSF” settlements with insurance carriers requiring the appointment of a special master for distribution of settlement funds among qualified claimants.

Between 2014 and 2018, no such downstream litigation program existed in either state or federal court anywhere else in the country advancing the state of the case on liability, damages, causation, and scope of remediation.

As a result, the Taishan/Venture Supply claimants amassed millions of dollars of net settlement payments representing 26.38% of their overall claim value. In other words, over ¼ of the entire claim value had already been obtained from downstream defendants. Thus, the Virginia consolidated drywall litigation produced unprecedented recoveries for class members.

As part of the Allocation Neutral’s allocation formula, reduction in Taishan settlement payments were made to reflect prior settlement payments.

Accordingly, due to the firm’s efforts in Virginia State Court, more funds were available for distribution to all other Taishan clients given the unprecedented settlements obtained by the firm in the Virginia State Court drywall consolidation.

Deepwater Horizon/BP Oil Spill – $29 million in individual claims; $1 billion for the state of Alabama

On April 20, 2010, the Deepwater Horizon oil rig located in the Gulf of Mexico began leaking oil after a major explosion which is now regarded as one of the largest environmental disasters in world history.

Originally built by South Korean company Hyundai Heavy Industries and owned by Transocean, at the time of the disaster the rig was chartered to BP to drill a deep exploratory well.

The explosion occurred when high-pressure methane gas from the well expanded into the marine riser and rose into the drilling rig, where it ignited and exploded, engulfing the platform. Eleven missing workers were never found despite a three-day U.S. Coast Guard search operation and are believed to have died in the explosion.

Ninety-four crew members were rescued by lifeboat or helicopter, 17 of whom were treated for injuries. The Deepwater Horizon sank on the morning of April 22, 2010.

It is estimated that over 3 million barrels of oil spilled as a result of the explosion affecting 70,000 square miles of ocean. Eventually, the oil made its way to the coasts of Louisiana, Mississippi, Florida, Alabama, and even as far as Texas. The affected spill area is host to over 8,000 species of animals. The environmental impacts alone were devastating to the area and were magnified by the economic impact of lost jobs and tourism.

In January 2011, the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling released a final report finding that BP, Halliburton, and Transocean had attempted to work more cheaply and thus helped to trigger the explosion and ensuing leakage.

Attorney Jeffrey Breit began working cases on behalf of menhaden fishermen soon after the explosion. Hundreds of thousands of cases were consolidated in the Eastern District of Louisiana in New Orleans in MDL 2179.

In October 2010, Judge Carl Barbier appointed 15 lawyers to the plaintiff steering committee in order to manage the litigation on behalf of all of the claimants. Jeffrey was appointed by Judge Barbier to the steering committee. Eventually, he and seven members of the steering committee tried the case before Judge Barbier against the defendants BP, Halliburton, Transocean, Cameron, and others in what became the biggest environmental disaster in United States history and one of the biggest economic loss cases in history.

Jeffrey was responsible for marshaling the case against Halliburton, and after trial, Halliburton settled its portion in the amount of $1.24 billion. To date, over 250,000 businesses and individuals recovered more than $11.5 billion in economic losses; cleanup workers and coastal residents recovered over $67 million; community health grants were awarded in the amount of $105 million; tourism and seafood promotional grants were awarded $57 million; local government agencies were awarded $680 million; and $14 billion was awarded to the United States Government and Gulf of Mexico bordering states.

The individual claims handled by Jeffrey (which included menhaden settlements, BP business claims, lost wage claims, seafood claims, and medical claims) were paid $29 million. Jeffrey was also retained as one of the lawyers for the state of Alabama, which recovered $1 billion dollars.

Ongoing Class Action Lawsuits

Elephant Insurance – Data Breach Class Action

Lee Adair Floyd and Breit Biniazan are serving as interim co-liaison counsel in a class action lawsuit stemming from a data breach that occurred at Elephant Insurance Company between at least March 26, 2022 and April 1, 2022.

The data breach targeted the information of consumers who used or applied for services supplied by Elephant Insurance and resulted in the unauthorized access to sensitive data belonging to approximately 2,762,687 individuals.

These individuals then had to navigate a myriad of privacy and security issues because their sensitive personal information was compromised. The compromised information included names, driver’s license numbers, dates of birth, and other sensitive information provided in connection with an insurance plan, quote, or application for an insurance plan. In addition, these individuals had to pay out-of-pocket expenses for fraud protection and credit monitoring because of the breach.

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Don’t Settle, Hire the Best Trial Lawyers in the State

  • History of Excellence: Long tradition of success in court
  • Experienced Professionals: Over 200 years of combined legal experience
  • Award-Winning Attorneys: Attorneys have been recognized among the most experienced trial lawyers in Virginia and the country
  • Client Commitment: Dedicated to providing our clients with the attention they deserve from start to finish
  • Honorable Service: No recovery, no legal fee
  • Industry Leaders: Leadership roles in the legal community
  • Proven Results: Secured some of the largest settlements in Virginia history