Read Toxic Torts news, alerts, and legal commentary from leading lawyers and law firms:
Prosecuting Environmental and Toxic Torts
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In This Issue:
- Western District Of Washington: Denial of a Defense Where Additional-Insured Status Was Arguable, and Doing So in Reliance on Extrinsic Evidence, Were Both Acts of Bad Faith
- New York Court...more
The United States (US) Government Accountability Office (GAO) reported on the Consumer Product Safety Commission’s (CPSC) authority and ability to stay generally informed about new risks associated with consumer products and...more
The Australian Federal Court has fined a children’s sleepwear brand $1 million in relation to its supply of unsafe children’s nightdresses and pajamas.
According to Product Safety Australia, Cotton On Kids Pty Ltd supplied...more
The collateral source rule in a personal injury action or tort claim generally prevents the admission of evidence that the plaintiff will be compensated from a source other than the defendant for his/her injuries. This rule...more
The United States (US) Consumer Product Safety Commission (CPSC) and Health Canada issued a joint recall of expanding toys in the US and Canada.
The toys, which go by the names Water Balz, Growing Skulls, H2O Orbs...more
Law firms are increasingly using a multitude of factors to value cases. Valuation provides the parties a better means to identify the issues in litigation, discuss which ones are in dispute, and calculate a logical...more
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
Ford v. Edgewood Properties, Inc. - RICO and Conspiracy Claims Against Environmental Consultant Survive MSJ
In the Ford Motor Company v. Edgewood Properties, Inc., Case 2:06-cv-01278-ES-CLW (USDC NJ 8/31/12) case, Civil...more
The Resource Conservation and Recovery Act (RCRA) regulates discarded solid or hazardous waste. A recent lawsuit by environmental groups advanced a novel legal argument that diesel particulates found in diesel exhaust emitted...more
An Ontario court recently refused to apply the American "Stonewall" principle, which would hold insurers financially responsible to pay for damages in years when insurance against the relevant risk was unavailable.
On September 19, 2011, a federal appeals court reversed Southern District Judge Lewis Kaplan's preliminary injunction blocking worldwide enforcement of an $18 billion environmental judgment in Ecuador.
In its ruling, a...more
Although the Second Circuit affirmed the decision below, the Court found against Chevron on several key factual issues that undermine the company's defenses both in Ecuador and potentially in various enforcement courts where...more
Consumer facing companies underatnd that brand protection is mission critical activity. A company's brand is its promise to consumers on issues such as health, safety, quality and integrity. Certain litigation can destroy...more
A panel of the court ruled 2-1 on September 17, 2010 that the Alien Tort Statute gives U.S. courts jurisdiction over alleged violations of international law by individuals only, not by corporations.
The decision dismisses...more
This article discusses the BP Oil spill and the race to the courthouse by attorneys. It's all about the money....more
This article discusses the greed of lawyers and BP. The attorneys want to be first to control the mass tort litigation in order to make more money. BP put profits over safety. At $6 billion profit last quarter, they could...more
This article takes the BP Oil case and relates it to other cases. It is an attempt to make people think about lawsuits. Does a lawsuit always have to be filed? No. In fact, most attorney make a run at trying to resolve...more
This article discusses the BP Oil spill and the attempts to gain by lawyers and attorneys. It is an attempt to make people think about whether they need to rush to take legal action....more
The US Sixth Circuit Court of Appeals Affirms Summary Judgment granted in our client's favor upholding and applying the unique Michigan Fultz doctrine dismissing professional liability suit against our client CIH which...more
Michigan Department of Transportation v. Employers Mutual Casualty Co. et al. , 480 Mich. 862; 748 N.W.2d 239 (2008) - After a catastrophic accident involving a motor carrier hauling gasoline caused significant property...more
Respondent Optical Coating Laboratory, Inc.'s brief on appeal in the case of Clark v. OCLI et al. deals in large part with evidentiary rulings that were almost entirely upheld on appeal.
The case was brought by 32...more
The article reviews and explains the holding of In re Groundwater Cases (2007), 154 Cal. App. 4th 659. This precedent setting case outlines the extent to which a private or municipal drinking water system in California may...more
The complaint addresses a situation in which a BTEX and MtBE plume is moving through groundwater from a site adjacent to the plaintiff's. The complaint alleges, among other items, that the defendants are not appropriately...more
Although international environmental law has made some inroads in identifying global environmental problems, it has mostly proved ineffective at adequately addressing them. The absence of a governing body to monitor and...more
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