Read Toxic Torts news, alerts, and legal commentary from leading lawyers and law firms:
Prosecuting Environmental and Toxic Torts
Is Fracking Safe?
For jurisdictional purposes, when should a foreign parent company be “held for the acts” of a resident subsidiary acting on its behalf? On March 4, 2013, Los Angeles Superior Court Judge Lee S. Edmon analyzed this issue...more
In a series of recent judgments the EU General Court has given some guidance to companies considering challenging the inclusion of their substances in the REACH Candidate List. In summary, it is now clear that the listing of...more
Momentum is building to reform the U.S. tax system and address the nation’s fiscal challenges. However, options to raise revenue to reduce the deficit and offset a potential decrease in corporate and individual tax rates are...more
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• Jury Trials
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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
A summary of the latest global proposals, enactments, amendments, and enforcements applicable to toys and children's products, including apparel, food contact articles, and jewelry.
Includes updates on chemicals of high...more
In the latest U.S. chapter of the long and hard-fought battle over claims of pollution and adverse health effects from oil development in the Ecuadorian rain forest by Texaco (acquired by Chevron in 2001), a potentially...more
On January 23, 2012, the IRS and the Treasury Department published temporary and proposed regulations under Section 871(m) of the Internal Revenue Code. The regulations implement the tax and withholding regime applicable...more
In re Republic of Ecuador and Dr. Diego Garcia Carrion’s Application Under 28 U.S.C. Sec. 1782, 2:11-mc-00052 (GSA) (E.D. Cal. 2011), is an application the Ecuador among others to take the testimony in the U.S. of...more
We have posted several times on the U.S. aspects of the international dispute between Chevron and the plaintiffs from Ecuador suing for environmental contamination. We have followed the Southern District’s decision granting...more
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
To many, Bay Area real estate seems like a bargain right now. Prices are still some of the lowest in years, and foreign nationals, among others, are paying cash -- sometimes millions of dollars in cash -- for property in San...more
The Chevron-Ecuador Litigation A high profile and complex dispute involving a group of Ecuadorian residents, Chevron Corporation and the Republic of Ecuador is forcing courts and the media to focus on an arcane...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
Winston & Strawn's Greater China Law Update is a bi-monthly publication covering relevant legal, financial, and economic topics that affect the Chinese and Hong Kong marketplaces....more
Intentional torts are not a widely understood area of the law for laymen because most of tort law centers around issues of negligence and strict liability. In an intentional tort, the defendant is accused of purposeful...more
Following the 2003 Supreme Court of Canada decision in Beals v. Saldanha, where jurisdiction simpliciter is otherwise established, the only available defences to a domestic defendant seeking to have a Canadian court refuse...more
This article takes a comparative look at how the world's two largest economies are diverging in their approaches to regulating hazardous products and packaging, with major ramifications for manufacturing, waste management and...more
Information about asbestos exposure occurring in Quebec and the diseases associated with it, including asbestosis, mesothelioma, and lung cancer. The report also contains general information about what is asbestos, the...more
Excerpts from the World Trade Organization's report concerning asbestos regulations in various countries. The excerpted report details Canada's resistance to tougher regulation of asbestos and denial of a conclusive link...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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