Toxic Torts, Personal Injury

Lawsuits Investigated for Victims of West, Texas Fertilizer Plant Explosion

by Schmidt & Clark, LLP on 4/23/2013

On Wednesday, April 17, 2013, at approximately 7:30 p.m., a fire alarm was sounded at the West Fertilizer Company in the small community of West, Texas. While firefighters worked to put out the blaze, police and paramedics...more

BP Exec Defends Safety Record in Combative Trial Testimony

by Josh Crank | Lawyers.com on 4/12/2013

An executive with oil giant BP steadfastly defended the company’s commitment to safety while testifying today in the civil trial over the Deepwater Horizon explosion and oil spill. BP’s Neil Shaw delivered testimony that grew...more

Judge Approves Deepwater Horizon Health Settlement

by Viles & Beckman, LLC on 4/12/2013

When BP spilled an unprecedented amount of oil into the Gulf of Mexico in 2010, the devastation that followed went far beyond the environmental and economic damages that were the focus of initial reports. A health settlement,...more

Drywaller Awarded $27 Million for Asbestos Exposure

by Sylvia Hsieh | Lawyers.com on 4/1/2013

A drywall worker who built houses during the California housing boom in the 1970s, when asbestos was used in virtually every type of building material, has won a $27 million jury award for a cancer caused by the toxic...more

Sea Monsters Two Years After Deepwater Horizon Oil Spill

by Perry Draper Law on 3/27/2013

These aren’t just old fishermen’s tales. More than two years after the Deepwater Horizon oil spill, local Gulf Coast fishers are seeing eyeless fish and shrimp, festering sores and tumors on catches and other mutations in...more

Judge Dismisses Some Claims, But BP Trial Goes On

by Josh Crank | Lawyers.com on 3/21/2013

U.S. District Judge Carl Barbier dismissed claims today against the contractor that supplied oil giant BP with drilling fluid, but denied most other dismissal requests from defendants in the civil trial over the Deepwater...more

Businesses Most Affected by the Deepwater Horizon Oil Spill

by Perry Draper Law on 3/20/2013

So far, more than $9.5 billion has been paid out to compensate Gulf Coast residents and businesses for the losses suffered from the April 2010 Deepwater Horizon oil spill. With the claims process reopened and a new settlement...more

BP Settlement Claim

by Robert Ciotti, Wm. Cary Wright | Carlton Fields on 3/20/2013

After years of litigation, BP Exploration & Production, Inc. and BP America Production Company (collectively, "BP") entered a class-wide settlement ("BP Settlement") that covers most businesses located in the Gulf Coast...more

Judge Shoots Down BP’s Request to Drop Gross Negligence Charge

by Josh Crank | Lawyers.com on 3/19/2013

As soon as plaintiffs’ attorneys in the Deepwater Horizon oil spill trial called their last witness, an attorney for BP asked U.S. District Judge Carl Barbier to dismiss charges that the oil giant committed “gross...more

I've Got This Doctor You Gotta See!

by Katherine Gallo, Esq. on 3/18/2013

In most personal injury actions the plaintiff is served with a Notice for an Independent Medical Examination. It has become so commonplace that no one really thinks twice about the demand. However, there are a few...more

What To Do In Case Of A Chemical Spill?

by The Law Offices of Michael A. Kernbach, P.C. on 3/13/2013

Contrary to what local teenagers may believe, a chemical spill is no laughing matter. It can contaminate the water supply, pollute the environment, and cause serious, immediate and long-term injuries....more

Difficulties Filing A Chinese Drywall Lawsuit

by Tate Law Group, LLC on 3/7/2013

A few years ago, Ms. Colleen Stephens vacated her 5,000 square-foot, newly renovated home overlooking the bay in Virginia Beach. She and her family moved into a smaller home located further inland. While not happy with the...more

Indirect Costs of Deepwater Horizon Oil Spill May Be Reimbursed

by Perry Draper Law on 3/7/2013

Lost business, lost profits — these are easily the most recognizable losses eligible for compensation from the BP settlement funds. However, under a new claims administrator and a new claims process, there are additional...more

Recent Changes To The BP Claims Program

by Viles & Beckman, LLC on 2/27/2013

The BP oil spill started with the April 20, 2010 explosion of the Deepwater Horizon offshore drilling rig. The failure of BP Oil to cap the spill promptly resulted in millions of barrels of crude oil being released into Gulf...more

Deepwater Horizon Trial Kicks Off with Finger Pointing

by Josh Crank | Lawyers.com on 2/27/2013

Federal Judge Carl Barbier heard opening statements today in the trial of BP, Transocean Ltd. and Halliburton Co. for their roles in the 2010 Deepwater Horizon oil rig explosion that killed 11 workers and dumped millions of...more

Gilbert LLP Convinces Sixth Circuit to Rule in Favor of Asbestos-Containing product Manufacturer-Policyholders

by Mark Packman, Krishan Thakker | Gilbert LLP on 1/28/2013

Comprehensive general liability policies limit the amount the insurer has to pay for each “occurrence”, which is typically defined as an “accident” or “exposure to [injurious] conditions”. Insurers and policyholders...more

Policy Observer - January 2013

by Nancy Harris, Alex Lathrop | Orrick, Herrington & Sutcliffe LLP on 1/25/2013

It has been nearly three months since Superstorm Sandy battered the East Coast of the United States. With several hundred thousand residents still without homes and many businesses still operating out of temporary facilities,...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

"Every Breath" Theory: On Its Last Breaths?

by Sharon Caffrey, Erin Carter, Alyson Lotman | Duane Morris LLP on 1/23/2013

The "every breath," or cumulative exposure opinion, has been proffered by plaintiffs' experts in asbestos cases to prove specific causation, regardless of the type of product or amount of exposure. The U.S. District Court for...more

JAMA Report Questions Link Between 9/11 Exposure and Cancer

by Michael Barasch | Barasch McGarry Salzman & Penson PC on 1/22/2013

A study published in the Journal of the American Medical Association (JAMA) questions the claim that exposure to 9/11 toxins causes cancer. The report will no doubt be used by those who would like to cap or reduce the amount...more

Navigating Mass Torts and Product Liability (MTPL) Litigation in the U.S. Legal System: Litigation Challenges for Japanese MTPL...

by Orrick, Herrington & Sutcliffe LLP on 1/17/2013

In This Presentation: • Challenges of U.S. Courts • Specialized and Aggressive Plaintiff’s Bar and Contingency Fees • Jury Trials • Pretrial Discovery • Personal Jurisdiction • U.S.-Based Subsidiaries •...more

A Toxic And Mass Tort Update: Illinois Supreme Court Limits "Forum Shopping"

by Polsinelli on 1/14/2013

In its December 28, 2012 decision, the Illinois Supreme Court issued a forum non conveniens decision reversing the St. Clair County Court and directing the trial court to dismiss plaintiff's asbestos case. Fennell v. Illinois...more

Toxic Tort and Environmental Law Update: January 2013 - Plaintiffs Bear the Burden of Establishing Causation by Competent Expert...

by Sean Patterson | Sedgwick LLP on 1/7/2013

Judge Susan Illston of the U.S. District Court for the Northern District of California recently ended 16 years of toxic tort litigation relating to fugitive hexavalent chromium (C6) exposure involving the City of Willits and...more

Practical Implications Of Howell v. Hamilton Meat

by Peter Bauman - Senior Associate at Tharpe &... on 12/17/2012

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

Valuing A Litigation Claim

by Peter Bauman - Senior Associate at Tharpe &... on 12/14/2012

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

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Toxic Torts › Personal Injury