Toxic Torts, Construction Law

Vapor Intrusion Developments

by Martin Booher, Maureen Brennan | BakerHostetler on 5/13/2013

Potential buyers and sellers take note — on April 16, 2013, the U.S. Environmental Protection Agency (U.S. EPA) issued draft guidance that would require more evaluation of "vapor intrusion" (migration of any hazardous vapors...more

Bad Faith Sentinel - April 2013

by Gregory M. Boucher, Carolyn Due, Matthew M. Haar, Joseph C. Monahan, Amy L. Piccola, Thomas S. Schaufelberger | Saul Ewing LLP on 5/1/2013

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

How to Effectively Use Surveillance Video in Tort Cases

by Cogent Legal on 1/23/2013

One of the things that has changed the most since I started practicing law two decades ago is the prevalence of surveillance video in tort cases. Given its influence on litigation, it’s important for both plaintiffs and...more

DISPUTE RESOLUTION: Tort Litigation: FERC Denies Marcellus Shale Natural Gas Radon Lung Cancer Risk Claim by Ralph H. Johnson

by King & Spalding on 11/19/2012

The Federal Energy Regulatory Commission (FERC) recently rejected claims that radon in Marcellus Shale natural gas would lead to thousands of lung cancer deaths. These claims arose from FERC’s May 21, 2012 grant of a...more

Toxic Tort and Environmental Law Update: September 2012 -- Indiana Supreme Court Interprets Application of Statute of Repose in an...

by Sedgwick LLP on 9/20/2012

Statutes of repose can provide immunity for contractors against latent asbestos personal injury claims filed several years after the work was performed and the plaintiff was exposed. Under many states’ statutes of repose,...more

The Rising Risks Of Chlorinated Solvent Contamination

by Mintz Levin - Environmental Law on 7/5/2012

Originally published in Law360, New York (July 03, 2012, 12:16 PM ET) For properties where chlorinated solvents have been released, new regulatory challenges and related liability concerns are increasing as a result of...more

Case Studies in Environmental Medicine (CSEM) Asbestos Toxicity

by Paul Parks on 4/15/2012

This educational case study document is one in a series of self-instructional publications designed to increase knowledge of hazardous substances in the environment and to promote the adoption of medical practices that aid...more

Save Time, Money & Angst -- MEET and CONFER

by Katherine Gallo, Esq. on 3/2/2012

The purpose of the “meet and confer” requirements set forth in C.C.P. §§ 25.450(b)(2)), 2025.480, 2030.300(b), 2031.310(b), 2032.250 and 2033.290 was for the lawyers to revisit their position, in good faith discuss a...more

Am I Naïve to Think Something Should Be Done?

by Katherine Gallo, Esq. on 2/27/2012

What do you do when you are being out muscled by a party who has deep pockets and a lawyer who's intent is to abuse the discovery process and run up his bills. ANSWER--GET THE COURT INVOLVED!!...more

Earth Matters - Issue Nine - December 2011

by Phillips Lytle LLP on 12/13/2011

In this issue: - Stormwater Control on Construction Sites - Spotlight - New Rule Against Perpetuities Court of Appeals Case - Great Lakes Water Withdrawal: A Debate Ensues - New Incentives...more

Massachusetts Appeals Court Resurrects Toxic Mold Claim Against Condominium

by Richard Vetstein on 8/16/2011

This decision is the first Massachusetts appellate case dealing with the statute of limitations for toxic mold, so it’s quite important. The case will make it easier for toxic mold victims to sue wrongdoers in state court....more

When is an Animation Your Best Option?

by Holly Martin on 4/8/2011

Computer Animations can be successfully used in a variety of legal settings. Bring your judge or jury to the scene without them ever leaving the courtroom. You control what your audience sees; keeping their focus on your...more

Engineering flaws cited in Oil Spill Report

by Melissa Dewey Brumback on 2/25/2011

The Chief Counsel’s Report on the BP Deepwater Horizon Oil Spill and Offshore Drilling has been released. Following on the heals of the January National Commission report to the President, the Chief Counsel’s report “provides...more

Washington Supreme Court Recasts the Economic Loss Rule to Allow Third Party Tort Claims Against Design Professionals

by Lane Powell PC - Construction Law on 11/10/2010

A sharply divided Washington Supreme Court has held that an engineering firm owes a "duty of reasonable care encompassing safety risks of physical damage" to a party not in privity with the engineering firm. The decision in...more

Chinese Drywall and Insurance Coverage for Contractors

by Clay Olson on 4/1/2010

Chinese Drywall, or that drywall manufactured by companies such as Knauf (Germany) via Chinese factories....more

Chinese Drywall and Insurance Coverage for the General Contractor

by Clay Olson on 4/1/2010

This essay was written by Clay Olson during Spring, 2010 as a response to numerous questions regarding "Chinese" Drywall product which remains a newsworthy topic throughought the Southeastern United States. The product...more

The Restoration Survivor: Seven Survival Tips for Today's Legal Environment

by LAW OFFICES OF EDWARD H. CROSS & ASSOCIATES,... on 3/1/2010

Tip #1: Throw away all of your work authorizations. Once upon a time, it was okay to start on a job with nothing more than a work authorization; that is, a form that gives permission for a company to come onto a property...more

Chinese Drywall in Florida

by Jeffrey Harrington on 6/14/2009

Succinct overview of defective Chinese drywall. Special attention to the effect on residents and owners in Florida....more

Chinese Drywall. What About It?

by Rumberger, Kirk & Caldwell, PA on 4/30/2009

Lawsuits related to Chinese drywall, including numerous class actions, have been filed in Florida, Louisiana, Alabama and Ohio (involving a Florida house). More lawsuits are being filed every day, with lawyers in South...more

1985 Occupational Safety and Health Standards for Asbestos

by Hissey Kientz LLP on 7/1/1985

Regulations on working with asbestos and asbestos containing products in order to limit the risks of exposure, including lung cancer, mesothelioma, asbestosis and other diseases....more

Workplace Exposure to Asbestos

by Hissey Kientz LLP on 4/1/1980

Includes information published by the National Institute for Occupational Safety and Health about sampling and analysis of airborne asbestos, biologic effects of exposure, recommended occupational standards, and more....more

Revised Recommended Asbestos Standard

by Hissey Kientz LLP on 12/1/1976

Review of information on the health effects of exposure to asbestos published by the National Institute for Occupational Safety and Health....more

Occupational Exposure to Asbestos: Criteria for a Recommended Standard

by Hissey Kientz LLP on 1/1/1972

Presents the criteria and standards for preventing occupational diseases arising from exposure to asbestos dust....more

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Toxic Torts › Construction Law