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"Damages" in an Injury Lawsuit: An Introduction for Lay People [Video]

Anyone who has survived a serious injury caused by someone else's fault wants to know what the legal system provides by way of hard dollars. In this video, attorney Alfred Clarke explains the different types of "damages" an...more

California Federal Court Dismisses CERCLA Claims and Strikes Request for Attorneys’ Fees

In N. Cal. River Watch v. Fluor Corp., __F.Supp.3d__, 2014 WL 4954638 (N.D. Cal. Oct. 2, 2014), a Northern California district court dismissed Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”)...more

Minnesota Federal Court Clarifies Pleading Standard in Vapor Contamination Case

In an opinion that may help clarify the jurisdictional and pleading requirements for plaintiffs seeking damages and injunctive relief for alleged injuries from vapor intrusion, the federal district court in Minnesota denied a...more

New Jersey Landowner Forfeits Damages by Allowing Defendant to Remediate

In what may be a cautionary tale for owners of contaminated property, a New Jersey appellate court has ruled that a landowner forfeited any claim to property damages when he allowed the responsible party to perform...more

October 2014: Product Liability Update

Some Courts Loosening Restrictions on Punitive Damages. The 1990s and 2000s saw many developments 9 restricting the frequency and size of punitive damages awards in tort litigation, including both state tort-reform...more

Fund management expenses in catastrophic personal injuries cases – awards on top of awards?

The costs of managing awards of damages for catastrophic personal injury claims comprise one of the most significant heads of damage that a plaintiff is awarded. These costs often make up around 20% of the total award. ...more

Employers’ Asbestos Liabilities Do Not Extend to Workers’ Spouses

Two federal judges recently dismissed the claims of the spouses of workers who purportedly carried asbestos fibers home from their workplaces. In July 2014, the U.S. District Court for the Western District of Oklahoma...more

The Expanding Availability of Apportionment To Limit Liability in Superfund Cases

In Burlington Northern in 2008, the US Supreme Court ruled that Superfund liability could be apportioned whenever there was a reasonable basis for showing that the harm was divisible, such as by considering the length of time...more

In re Paulsboro Derailment Cases: Putting the Brakes on Defendants’ Momentum Regarding Recent Ascertainability Developments Within...

In a recent unpublished decision, Judge Robert B. Kugler of the United States District Court for the District of New Jersey addressed the rapidly developing “ascertainability” requirement in class action litigation within the...more

Federal Court Determines Low Levels of Carcinogens PCE and TCE Insufficient to Establish Private RCRA Cause of Action Absent...

Further underscoring the importance of expert testimony to support environmental claims, the United States District Court for the District of New Jersey in Leese v. Lockheed Martin Corp., et al., No. 11-5091 (JBS/AMD), 2014...more

BP Oil Spill Litigation – Current Status of the Litigation

As many are aware, BP entered into a Settlement Agreement to compensate citizens of areas surrounding the Gulf of Mexico for losses arising from the epic oil spill in 2010. There has been substantial litigation and appellate...more

Texas Supreme Court opinions (7/14)

1. No. 10-0775, Bostic v. Georgia-Pacific Corp. -- This is a mesothelioma case. The overarching issue is whether the causation standard announced in Borg-Warner Corp. v. Flores (which was an asbestosis case) also applies to...more

Are Personal Injury Damages Avaiable in a Nuisance Case?

As promised, on May 22, today’s post is a study of the personal injury issues raised by the defendants in Parr v. Aruba. In this post we raise the question and discuss what the parties believe the answer should be....more

One Step Closer… Fifth Circuit Affirms BP Loss on CWA Liability Regarding Gulf Spill

The Deepwater Horizon spill in the Gulf of Mexico occurred over four years ago, accompanied by numerous stories trumpeting the fact that BP would likely pay as much as $25 billion to the United States in civil penalties...more

California Environmental Law and Policy Update - June 2014

Environmental and Policy Focus: California is ahead of EPA on climate rules - Los Angeles Times - Jun 5: In 2006, when California adopted AB 32, its landmark global warming law, it acted virtually alone. Now, the state...more

Federal Court Rejects Homeowners’ Expert’s Valuation of Alleged Diminution in Value Due to Environmental Contamination

In a recent environmental contamination case, a New Jersey federal judge rejected an expert valuation of alleged diminution in value on Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993) grounds. In Leese, et al. v....more

Florida Supreme Court Affirms Disqualification of Counsel for Class Action of Toxic Tort Plaintiffs

The Florida Supreme Court clarified that its rules of professional responsibility govern whether counsel for class action plaintiffs should be disqualified based on alleged conflicts of interests that arise after a class...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

Texas Jury Awards $3 Million in Hydraulic Fracturing Lawsuit

A jury in Dallas County, Texas, awarded nearly $3 million on April 22, 2014, in a suit contending that Aruba Petroleum, Inc., as well as other operators and service providers, had caused “environmental contamination and...more

Recent Developments in Medical Monitoring Case Law (2013-2014)

Over the last 30 years, state and federal courts have grappled with how best to address claims filed by plaintiffs who do not currently suffer from an actual injury or illness, but rather seek damages for their risk of...more

Baltimore City Circuit Court Rejects Attempt to Consolidate Asbestos Cases

Order refusing to consolidate more than 13,000 non-mesothelioma cases continues a U.S.-wide trend of courts moving away from mass trial consolidations in asbestos cases. On March 5, the Circuit Court for Baltimore...more

Toxic Tort and Environmental Litigation: Third Department Clarifies Scope of Recoverable Medical Monitoring Damages in Waterborne...

On the heels of the Court of Appeals’ landmark decision rejecting an independent cause of action for medical monitoring in Caronia v. Phillip Morris USA, on February 20, 2014, the Third Department decided Ivory v. IBM. Ivory...more

BP Oil Spill Update

On April 18, 2012, BP Exploration and Production Inc. and BP America Production Company (collectively “BP”) entered into an economic and property damages class action settlement with the Plaintiffs’ Steering Committee in the...more

Objectors Seek Writ of Certiorari to SCOTUS Over Monsanto Agent Orange Settlement

On January 21, 2014, objectors to a class action settlement over contamination from Monsanto Agent Orange herbicide filed a Petition for Writ of Certiorari with the Unites States Supreme Court. The Petition asked the Court to...more

Seventh Circuit Highlights Challenges To Class Certification In Environmental Litigation

Property owners in the town of Roxana, Illinois, a small village on the Mississippi River across from St. Louis, filed suit against Shell Oil Company and ConocoPhillips. The property owners alleged that a refinery owned by...more

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