Labor & Employment Toxic Torts

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Hercules and the Lernaean Hydra: The Hercules Removal Jurisprudence Sprouts Yet Another Head

In yet another twist in the tortured labors of the Hercules jurisprudence regarding removal of general maritime law claims under 28 U.S.C. §1441(a), the Eastern District of Louisiana has generated a new, divergent “head” on...more

New Prop 65 Warning Requirements on the Horizon?

Proposition 65 warnings could soon become a much bigger burden for businesses. On Friday, March 7, the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) released a...more

California Appellate Court Finds Employer Has No Duty to Future Child for Parent-Employee’s Preconception Exposure to Toxins

The preconception tort is essentially any tortious conduct occurring prior to a child’s conception that results in harm to the child. This type of claim, which has been recognized in California since 1982, can cover all...more

NAHB Urges OSHA To Rescind Proposed Silica Rule

We recently posted an article about whether silica exposure claims might emerge as the next toxic tort. A particular focus of that article was the Occupational Safety and Health Administration’s (OSHA) clearly increasing...more

PA Supreme Court Allows Certain Mesothelioma Claimants to Sue Their Employer

The Pennsylvania Supreme Court recently issued a ground-breaking decision that could potentially expose employers to a wave of new lawsuits by former employees suffering from mesothelioma. In its November 22, 2013 opinion in...more

Silica Exposure Lawsuits: The Next Toxic Tort?

With the Occupational Safety and Health Administration (OSHA) signaling its increased attention to workers' exposure to crystalline silica, and the plaintiffs' bar evidently in search of new subjects for "toxic tort" claims,...more

Pennsylvania Supreme Court Rules on Workers’ Compensation Act Case

Court finds in Tooey that Pennsylvania Workers’ Compensation Act does not bar latent occupational disease lawsuits against employers. On November 22, the Pennsylvania Supreme Court in Tooey et al. v. AK Steel Corp. et...more

Texas Environmental Update - October 2013

We are pleased to provide you with this issue of Bracewell's Texas Environmental Update, offering the latest news about permitting, enforcement, regulatory developments, and other matters of interest to the regulated...more

The Affordable Care Act’s Employer Mandate and the Collectively Bargained Workforce

As 2014 rapidly approaches, employers of all sizes and all industries are working hard to avoid the Affordable Care Act’s (the “Act”) Employer Mandate, now appearing in the Internal Revenue Code, Section 4980H. For employers...more

When Are Witness Statements Protected As Attorney Work Product?

One of the first things an attorney does when representing a client in a particular matter is interview witnesses to learn the facts of the case, or have an investigator do such on their behalf. The attorney will almost...more

Placing Limits on Forum Shopping

Our preview of the September term of the Illinois Supreme Court continues with Fennell v. Illinois Central Railroad Company, a case which may clarify the standards limiting the ability of a plaintiff - or sometimes, a...more

OSHA Modifies Hazard Communication Standard

This past spring, the Occupational Safety and Health Administration (OSHA) modified its Hazard Communication Standard (HCS) to conform to the United Nations' Globally Harmonized System of Classification and Labelling of...more

OSHA's New HazCom Standard and Its Potential Impact on Tort Suits

Mackrell International's Regulatory SubGroup Presents: Regulatory Matters! May 2012 Newsletter: Vol. II, Issue I According to the Occupational Safety and Health Administration ("OSHA"), almost a million hazardous chemicals...more

Alleged Chemical Release Did Not "Speak for Itself"

Contractors working at a refinery who were allegedly exposed to chemical fumes cannot rely on the venerable res ipsa loquitur theory because their claimed injuries may have had other causes. See Pearson v. BP Products North...more

Asbestos Litigation Case Questions Safety in the Workplace

Although most would consider asbestos to be an old problem, limited to mainly the manufacturing and construction industries, asbestos has been incorporated into a myriad of products that had many and varied uses. Because...more

Rogers Towers: HIRE Act Creates New Tax Benefits for Employers

The Hiring Incentives to Restore Employment Act (“HIRE Act”), signed into law by President Obama on March 18, 2010, creates, among other things, two new tax benefits to employers hiring workers who were previously unemployed...more

Hissey Kientz to Hold Testing Sessions for Victims of Asbestos Exposure

The law firm of Hissey Kientz, LLP is conducting two asbestos testing sessions in the El Paso, Texas area for individuals who may have developed cancers such as mesothelioma or other diseases as a result of asbestos...more

Hissey Kientz, LLP Announces Its Support For A New Bill That Would Protect The Rights Of Victim Of Asbestos Exposure Who Have...

The law firm of Hissey Kientz, LLP wishes to announce its support for a new bill that would make it easier for sufferers of malignant mesothelioma to prove that their injuries were caused by exposure to asbestos. The bill...more

Hissey Kientz, LLP Announces the Launch of Mesothelioma Lawyers Help Web Site

The law firm of Hissey Kientz, LLP has announced the launch of its new website, Mesothelioma Lawyers Help (http://www.mesotheliomalawyershelp.com). Mesothelioma is a deadly form of cancer linked to exposure to asbestos....more

Consumer Product Safety Improvement Act of 2008

The Consumer Product Safety Improvement Act provides whistleblower protections to the employees of manufacturers and retailers of consumer products....more

Patient Resource Mesothelioma Hotline Launched

The law firm of Hissey Kientz has announced the launch of its new website, Mesothelioma Hotline. The website is a resource for information about asbestos and mesothelioma, and will provide mesothelioma patients and their...more

Hissey Kientz, LLP Announces Support for Household Mesothelioma Victims

The law office of Hissey Kientz, LLP and its team of experienced mesothelioma lawyers announced today that it will continue to fight for the rights of household mesothelioma victims in light of a decision by the 14th Court...more

Kramm vs. USDOL and Dept. of the Army, Mobility Equipment Command, Saigon, Republic of Vietnam

ECAB Decision Finding Employee's Cancer as Caused by Expsoure to Agent Orange

The only documented OWCP claim issued by the USDOL for the death of a US federal civilian employee due to Agent Orange. Claimant was a young civilian employee of the US Army employed in Vietnam from 1968 through 1975...more

The Art of Perpetuating a Public Health Hazard

This study by the Journal of Occupational and Environmental Medicine is set up to show the faults of past public relations concerning asbestos and suggests that we use this as a paradigm for future health hazards. Exposure to...more

Chrysophiles versus Chrysophobes

This study is about the controversy over the different types of asbestos particles and how harmful they are. Asbestos is extremely dangerous if inhaled and often causes fatal diseases later in life. Some of these diseases...more

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