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California Proposition 65 Warning Requirements for DINP Effective December 20, 2014

On December 20, 2014, California’s Proposition 65 warning requirements for consumer, occupational, and environmental exposures to diisononyl phthalate (“DINP”) will take effect. ...more

Continuing Litigation Over Titanium Dioxide in Sunscreen and Cosmetics Underscores Importance of Exposure Assessments in...

In an ongoing Proposition 65 litigation brought in late 2013 by the Public Interest Alliance (PIA) targeting more than 100 sun-protection and powder-cosmetics manufacturers, plaintiff claims defendants’ products expose...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

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

Manufacturers, Importers and Retailers Must Take Action Following DTSC Reveal of Priority Products

Once again, California is on the leading edge of environmental programs. An approaching April 1, 2014, deadline for publication of a “Priority Products List” under “Safer Consumer Products Regulations” that first went into...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

CWP 4750 of 2013 [Hemant Goswami vs. Union of India]

PIL - Ban Identified Carcinogens

The Writ petition is about the unrestricted commercial availability of many substances which are labelled as Group 1 (Class A) or Group 2A/2B Carcinogens (Sure-shot Cancer causing agents) by the WHO IARC (International Agency...more

Compliance Update: REACH, Q4 2011

The latest enacted, amended, and revised REACH requirements; proposed REACH requirements; and REACH enforcement actions in Q4 2011. Includes proposed amendments and new restrictions on lead and mercury; recommendations on...more

An Environmental Alert: Recent Environmental Case Counsels Caution In Sale of Hazardous Scrap or Waste Materials

Section 107(a)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) makes a party that "arranged for disposal" of hazardous substances liable for the cost to cleanup a contaminated...more

TCE Revisited: U.S. EPA Releases Long-Awaited Toxicity Reassessment of Trichloroethylene with Potentially Vast Implications on...

In a move with potentially far-reaching implications, on September 28, 2011, the U.S. Environmental Protection Agency (EPA) issued its long-awaited final health assessment for trichloroethylene (TCE). The Assessment follows...more

Atlantic Richfield Company, et al v. County of Santa Clara, et al

Amicus Curiae Brief Supporting Petition for Certiorari in United States Supreme Court

The Brief urges review of the California Supreme Court's ruling allowing public authorities to use contingent fee counsel to prosecute public nuisance cases. It asserts that granting private counsel financial interests in...more

Trending Away from Medical Monitoring?

In conclusion, the law applicable to claims for medical monitoring has developed substantially since the first case of Friends For All Children. While the trend over time has been to recognize their availability through...more

Insurance Coverage Denied for Designer of Thomas & Friends Toys

Article on 7th Circuit opinion denying insurance coverage for the designer of the "Thomas & Friends" toys. This article was written by Dave Scriven-Young, an attorney with Peckar & Abramson, PC, and was originally...more

Gadolinium Litigation

NSF: The Man-Made Disease, The Litigation Swell And The Lives Lost

Read the background on the disease, nephrogenic systemic fibrosis, gadolinium-based contrast agents and the renally impaired and the enormous litigation swell that has surfaced as a result. ...more

Understanding Toxic Torts - E-Newsletter January 18, 2010

Understanding Toxic Torts The number of toxic tort cases has increased dramatically over the last thirty years, as a result of rising awareness of and activism over injuries caused by environmental pollutants and...more

An Excess of Zeal: Lessons for Defense Lawyers from the W.R. Grace Trial

On May 8, 2009, W.R. Grace & Co. and three of the chemical company's former executives were acquitted of all charges in the largest, most agressive environmental prosecution ever mounted by the U.S. Department of Justice and...more

Jury Instructions in Punitive Damage Cases: Using the New Mandates from the United States Supreme Court

Recognizing that “most pattern jury instructions do not contain instructions regarding the constitutional limits on punitive damage awards,” article authors George Pitcher and Rachel Robinson address the need for defendants...more

Greening of Consumer Products - March 4, 2009

IN THIS ISSUE: *New California bill aims to boost incentives for responsible packaging *EPA to regulate nanotube production *Lead-testing guidelines have retailers scrambling *Groups push for U.S. toxics law...more

Greening of Consumer Products - December 10, 2008

IN THIS ISSUE: *Toy makers settle lead-contaminated toy lawsuit in California *Consumer advocacy groups file lawsuit challenging CPSC’s phthalates ruling *Obama team to meet with advocates pushing for BPA ban *WebMD...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

EPA Inspector General investigation into failure to prevent concultant conflicts of interest

Documents relating to an EPA investigation into consultant conflicts concerning asbestos. Asbestos is a naturally occurring mineral which has been linked to several diseases, including asbestosis, lung cancer, and...more

1985 Asbestos Waste Management Guidance

Guidelines from the EPA about the management of asbestos waste products including how to transport and dispose of them in order to limit the hazards of asbestos exposure, including mesothelioma, asbestosis, and lung cancer....more

EPA Asbestos Factbook

Information from the Environmental Protection Agency concerning asbestos, including diseases linked to asbestos exposure, including asbestosis and mesothelioma. The factbook also covers issues surrounding asbestos in schools...more

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