Civil Procedure Environmental Products Liability

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Forum-Shopping Insurance Companies' Latest Tricks

Decades ago, insurance companies tried to persuade trial courts in California to apply the law of some other state to multi-party environmental and asbestos insurance coverage disputes because the insurance companies believed...more

Toxic Tort & Product Liability Quarterly Volume 7, Number 2

MASS TOXIC TORTS - West Virginia Chemical Spill Prompts Wave of Lawsuits - The January 9th, 2014 chemical release at a Freedom Industries, Inc. facility in West Virginia has shown, yet again, that major...more

Proposition 65 Hot Button Issue: Caramel Coloring in Soft Drinks

Beverage companies PepsiCo and Goya face a spate of class action lawsuits relating to the caramel coloring in their soda drinks. In January, Consumer Reports, an independent product testing organization, released a report...more

Delayed Discovery Cannot Cure Defective Pre-Litigation Investigations for Proposition 65 Suits

A California appellate court recently determined that a consumer group’s failure to conduct required pre-litigation investigations of several restaurant chains’ alleged Proposition 65 violations warranted dismissal of the...more

Is the Absolute Pollution Exclusion Absolute? It Depends on Which State Answers the Question

The battle over the scope of the absolute pollution exclusion in general liability policies continues to be fought in the context of defective drywall manufactured in China. An earlier blog entry discussed a Virginia court...more

Insurance Recovery Law -- Apr 18, 2013

Ninth Circuit Narrows Insurers' Options in Pursuing Subrogation Claims Under CERCLA - Why it matters: The Ninth Circuit confirmed that Chubb could have maintained a subrogation action against potentially liable parties...more

BLG Canadian Insurance Law Newsletter - Fall 2011

Six articles in this edition covering class actions, product liability, Sale of Goods Act implied conditions, spoliation, CGL coverage, pollution exclusions, new civil procedure rules in Ontario concerning experts, police...more

Protecting Investigative Materials

A great summary of Attorney Client and Work Product Privilege in the context of an internal investigation. Something you should keep in mind when bad things happen....more

The "Naturally Occurring" Defense In Proposition 65 Cases Involving Food Products

California's Proposition 65 requires businesses to provide reasonable warnings before knowingly and intentionally exposing individuals to chemicals known to the state to cause cancer or reproductive toxicity. This duty to...more

Foraging Through the Jungle of Expert Discovery and Testimony

This is an article I wrote in 2008 on the challenges associated with maintaining privilege when working with experts. It's a very tricky issue. The new federal rules coming out this fall 2010 help resolve some of these...more

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