Products Liability Energy & Utilities

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Wrap-Up of Federal and State Chemical Regulatory Developments, September 2015

EPA Releases TSCA Assessment Documents For Flame Retardant Chemicals: On August 18, 2014, the U.S. Environmental Protection Agency (EPA) released for public comment three Problem Formulation and Initial Assessment documents...more

Louisiana Federal Court Rejects Expert Testimony Tying Gasoline to AML

Underscoring the importance of the distinction between a product and its component parts, a federal court in Louisiana refused to allow expert testimony that exposure to gasoline caused acute myeloid leukemia (“AML”) in a...more

Claims for Defective Solar Panels Are Covered by CGL Insurance

Several solar panel manufacturers and their distributors have been sued in class actions alleging the panels are defective and need to be replaced. As will be explained below, these kinds of claims are covered by general...more

Running on Empty: Defective Gas Class Sputters in Louisiana District Court

The Middle District of Louisiana denied certification of a putative class bringing claims for redhibition and unjust enrichment against Exxon Mobil Corporation (“Exxon”). Plaintiffs allegedly purchased gasoline refined at...more

California Environmental Law & Policy Update - March 2015 #2

Environmental and Policy Focus: California renewable energy zone plan gets revamp after criticism: Reuters - Mar 10: An ambitious plan to put California's renewable energy projects in areas where the environment will...more

US China Trade War-Trade, Trade Adjustment, 337/IP, Products Liability

As you may know, the blog posts are getting longer and longer as more trade and other actions take place against China. Because of the length, I, therefore, am breaking this post into two parts. This first post covers Trade,...more

Res Judicata Prevents Plaintiff from Recovering Exemplary Damages

Earlier this month, in Oleszkowicz v. Exxon Mobil Corp., et al., 2014-0256 (La. 12/9/14), 2014 WL 7009533, the Supreme Court of Louisiana barred a plaintiff from relitigating an exemplary damages claim arising from alleged...more

California Appellate Court Upholds Bar to Liability by Premises Owners for Secondary Exposure

In Wanda Beckering v. Shell Oil Company, 2014 WL 6611088, the Second District of the California Court of Appeal affirmed the granting of summary judgment in favor of defendant Shell Oil Company, finding that the plaintiff was...more

Here Comes the Sun…

Manufacturers and Installers of Solar Panels Face Unique Risks from Residential House Fires - House fires have always been a major source of product liability litigation in the United States. Hundreds of thousands of...more

Bill Introduced in Congress to Ban Bisphenol A (BPA)

The chemical bisphenol A (BPA) remains hotly debated. This summer, Senator Edward Markey (D-MA) and Congresswomen Lois Capps (D-CA) and Grace Meng (D-NY) announced the Ban Poisonous Additives (BPA) Act. The bill seeks to...more

How Courts Have Ruled on the Still-open Issue of Whether the Clean Air Act Preempts State Common Law Tort Suits

In its landmark 2011 decision in American Electric Power Co., Inc. v. Connecticut, et al., 131 S.Ct. 2527 (2011), the U.S. Supreme Court held that the Clean Air Act (CAA) and the actions by the U.S. Environmental Protection...more

MTBE MDL Judge: Fresno’s Failure to Provide Evidence of Threat to Water Supply Wells Results in Dismissal

Defendants in a multidistrict MTBE product liability litigation, including Sedgwick clients Shell Oil Company, Equilon Enterprises LLC and TMR Company, recently obtained a dismissal with prejudice of MTBE product liability...more

California Environmental Law and Policy Update

Environmental and Policy Focus -- Court of Appeals upholds determination: Reuters - Mar 14 - The U.S. Ninth Circuit Court of Appeals yesterday rejected a challenge to a determination by the U.S. Fish & Wildlife Service...more

Was Asbestos Used in Your Drilling Mud Program?

With the bankruptcy of dozens of traditional defendants in asbestos litigation, plaintiffs' attorneys have been creative in pursuing claims in previously untapped areas. One such area is alleged oilfield worker exposure via...more

Manufacturing Matters - Autumn 2013

In the CBI’s recent report on ‘Maximising the UK’s industrial opportunities’, the strong argument is that we, as the British manufacturing sector, need to be instrumental in shaping a long-term industrial strategy for growth...more

Weekly eDiscovery Top Story Digest - May 8, 2013

Compiled by @ComplexD from online public domain resources, provided for your review/use is this week’s update of key industry news, views, and events highlighting key electronic discovery related stories, developments, and...more

California Environmental Law and Policy Update - April 8, 2013

In This Issue: Environmental and Policy Focus - EPA proposes rules to lower sulfur in fuel; Home Depot pays $8 million to settle California paint lawsuit; Center for Biological Diversity sues federal government over...more

Groundbreaking Research Identifies IP Arms Race in Wind

Our new research report has catalogued over 27,500 global patent filings related to horizontal-axis, utility-scale wind turbine technology. The report shows only about 1% of issued patents are a high impact on the products...more

Wind Project Financiers and Developers are Underestimating Patent Infringement Risk

Totaro & Associates has completed the second phase of a study which began in December 2010 on the patent landscape of the horizontal-axis, utility-scale wind industry. We have now read and classified over 23,100 global...more

Hydraulic Fracturing: A Future Source of Silicosis Claims?

In April 2012, Eric Esswein, an industrial hygienist from the National Institute for Occupational Safety and Health, made a statement at a conference sponsored by the Institute of Medicine that was guaranteed to attract the...more

Sands Through the Hourglass or the Next Big Tort?

This article discusses hydraulic fracturing, the technology, and the initial litigation related to the activity....more

Innovation Can Eliminate Dependence on the PTC

What if technology existed for renewable energy which negated the need for the production tax credit (PTC)? What if this technology existed, but wasn’t being introduced to the market? Through our groundbreaking...more

Evaluating Wind Turbine Patent Infringement Risk Exposure

Major international corporations are increasingly becoming the targets of IP infringement suits. This has driven the need for indemnification of patent infringement liability in component/product supply agreements,...more

Felecita Del Carmen Canas, et al v. Centerpoint Energy

Plaintiffs' Memorandum of Law on the Filed Tariff Doctrine and how it Does not Protect a Gas Utility from Tort Liability

Felecita Del Carmen Canas was burned alive in a gas explosion. She left three orphans. Millions and millions of underground pipelines transport gas from public utility companies to our homes, schools and businesses. Most of...more

Vangnet na een kernramp (Beursbengel juni 2011)

In Dutch. De productie en het gebruik van kernenergie voor vreedzame doeleinden brengen, ondanks de strenge veiligheidseisen, gevaren met zich, bestaande in exceptionele risico's voor mens, dier en milieu. Op zichzelf genomen...more

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