Thomas Smith

Thomas Smith

Bond Schoeneck & King PLLC

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Toxic Tort and Environmental Litigation: What Does a Reformed TSCA Mean for Private Rights of Action Under State Law? (9/16)

As we reported, on June 22, 2016, President Obama signed the Frank R. Lautenberg Chemical Safety Reform for the 21st Century Act (the Act) into law, enacting the Toxic Substances Control Act’s (TSCA) first reform in its four...more

9/14/2016 - Chemicals Corporate Counsel EPA Lautenberg Act Preemption Private Right of Action Toxic Substances Control Act (TSCA)

Toxic Tort and Environmental Litigation: New Hoosick Falls Law: Was it Necessary? (8/16)

On Thursday, July 21, 2016, New York State Governor Andrew Cuomo signed legislation modifying the statute of limitations for personal injury claims arising from exposure to hazardous substances.1 Commonly known as the...more

8/4/2016 - CERCLA Hazardous Substances Statute of Limitations Superfund Water Supplies

Toxic Tort and Environmental Litigation: In Asbestos Case, Court of Appeals Holds Manufacturer’s Duty to Warn Extends to Joint Use...

In In Re: New York City Asbestos Litigation, decided June 28,2016, the Court of Appeals tackled the question of whether a manufacturer must warn against a danger inherent in using its product together with a product designed...more

7/15/2016 - Asbestos Asbestos Litigation Duty to Warn Foreseeability Manufacturers

Toxic Tort and Environmental Litigation: TSCA Transformed! Reformed at Last! (7/16)

On Wednesday, June 22, 2016, President Obama signed the Frank R. Lautenberg Chemical Safety for the 21st Century Act (“Pub. L. No. 114-182”) into law, asserting “[i]f we can get this bill done, it means that somewhere out...more

7/5/2016 - Chemicals EPA Manufacturers Preemption Toxic Substances Control Act (TSCA)

Toxic Tort and Environmental Litigation: Applying the Toxic Tort Statute of Limitations (6/16)

Toxic tort cases may involve claims of injuries arising months or years after the date of alleged exposure. A recent Appellate Division Third Department decision addressed the application of the toxic tort statute of...more

6/3/2016 - Discovery Rule Statute of Limitations Toxic Exposure Toxic Mold

Toxic Tort and Environmental Litigation: New York Court of Appeals Issues Ruling Clarifying Residence in Lead-Based Paint Cases...

The New York Court of Appeals recently addressed the question of "residence" under New York City’s lead abatement law, better known as "Local Law 1."(1) Local Law 1 – first enacted in 1982 – imposes a duty on landlords to...more

4/8/2016 - Landlords Lead Paint Tenants Toxic Exposure

Toxic Tort and Environmental Litigation: TSCA Reform: Current Status - Will TSCA’s Fortieth Anniversary Mark its First-Ever...

Enacted in 1976, the Toxic Substances Control Act (TSCA or the Act), 15 U.S.C. § 2601, et. seq., purports to regulate chemical substances that present an unreasonable risk to people and the environment. In the decades since...more

3/16/2016 - Chemicals EPA Toxic Substances Control Act (TSCA) TSCA Modernization Act

Toxic Tort and Environmental Litigation: House of Representatives Approves TSCA Reform Bill in Near-Unanimous Vote (6/15)

Tangible reform is finally on the horizon for the Toxic Substances Control Act (TSCA), 15 U.S.C. § 2601 et seq. following a recent vote by the House of Representatives overwhelmingly in favor of a new reform bill. Enacted in...more

6/29/2015 - Pending Legislation Toxic Substances Control Act (TSCA)

Toxic Tort and Environmental Litigation: Toxic Substances Control Act - Reform at Last? (4/15)

Efforts to reform the Toxic Substances Control Act (TSCA), 15 U.S.C. § 2601 et seq., have been underway for several years, but to date, none have succeeded in modifying how this often criticized law regulates chemicals in...more

4/13/2015 - Chemicals Pending Legislation Proposed Amendments Regulatory Agenda Toxic Substances Control Act (TSCA)

Toxic Tort and Environmental Litigation: District Court Finds Expert Proof Insufficient to Prove Causation (1/15)

Causation is often the biggest hurdle a plaintiff must clear in proving a toxic tort case. For that reason, it would be expedient if a plaintiff could get to trial on the issue of causation merely by showing that...more

1/29/2015 - Causation Contaminated Properties Contamination Environmental Liability Expert Testimony

New York Court of Appeals Addresses Proof of Causation in Lead Paint Exposure Litigation

In many toxic tort cases, the date of exposure to the alleged toxin occurred years before the emergence of any symptoms of injury. For that reason, relatively simple rules for disclosure of medical proof may become more...more

6/17/2014 - Bodily Injury Causation Evidence Toxic Exposure

Toxic Tort and Environmental Litigation: Court of Appeals Revisits and Clarifies Causation Requirements for Expert Opinions

Causation is the crux of any toxic tort litigation. The Court of Appeals’ recent decision in Cornell v. 360 West 51st Street Realty, LLC, No. 16 (N.Y. Mar. 27, 2014) underscores that principle and revisits the causation...more

4/3/2014 - Causation Environmental Claims Environmental Liability Evidence Expert Testimony Expert Witness Oil & Gas

Toxic Tort and Environmental Litigation: Third Department Clarifies Scope of Recoverable Medical Monitoring Damages in Waterborne...

On the heels of the Court of Appeals’ landmark decision rejecting an independent cause of action for medical monitoring in Caronia v. Phillip Morris USA, on February 20, 2014, the Third Department decided Ivory v. IBM. Ivory...more

3/3/2014 - Class Action Contaminated Properties Contamination Environmental Liability IBM Medical Monitoring Philip Morris Toxic Exposure

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