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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

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

Painting a Picture at Trial for the Court of Appeal

During a trial, the jury and court below will hear the testimony of witnesses and observe their demeanor. Once the case is on appeal, the reviewing court is usually limited to reading transcripts that may or may not convey...more

Recent Massachusetts Decision Applies Pro-Rata Allocation and Continuous Trigger to Progressive Injury Claims, Including Asbestos...

What you need to know: A recent Massachusetts federal trial court ruling applied pro-rata allocation and continuous trigger to progressive injury claims arising from asbestos and toxic chemicals and metals....more

BP Settlement Claim

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

JAMA Report Questions Link Between 9/11 Exposure and Cancer

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

Who was Officer James Zadroga and Why Should You Know His Name?

Officer James Zadroga was one of the first responders on the scene when New York's Twin Towers were attacked by terrorists on September 11, 2001. Zadroga was a police officer for New York City who eventually spent more than...more

Significant Rulings From the Deepwater Horizon Court on Discovery and Evidentiary Matters

The U.S. District Court for the Eastern District of Louisiana has been handling hundreds of consolidated cases (involving more than 100,000 individual plaintiffs) brought in the wake of the explosion, fire and capsizing of...more

The Chevron Ecuador Saga Continues as Second Circuit Overturns Anti-Enforcement Injunction

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

State Supreme Court Revises "Two-Injury" Rule

The traditional single claim rule requires a plaintiff to bring at one time a suit for all the injuries arising from the same accident or incident, or risk being barred.  In the toxic tort context, the...more

Busy Mass Tort Court Revamps Procedures

Our readers recognize that Philadelphia (home base for MassTortDefense) is a hot-bed of mass tort activity, administering those cases through a Complex Litigation Center.  Now comes important news that the Honorable...more

Alleged Chemical Release Did Not "Speak for Itself"

Contractors working at a refinery who were allegedly exposed to chemical fumes cannot rely on the venerable res ipsa loquitur theory because their claimed injuries may have had other causes. See Pearson v. BP Products North...more

Gulf Oil Spill MDL Court Issues Trial CMO

The court managing the Gulf oil spill MDL recently entered an important case management order defining the structure and scope of the upcoming trial on the Deepwater Horizon oil spill. That Trial of Liability, Limitation,...more

MDL Court Rules on Availability of Punitive Damages in Gulf Oil Spill Litigation

The MDL court overseeing the claims arising from the 2010 Gulf of Mexico oil spill has ruled that plaintiffs can seek punitive damages against allegedly responsible parties in economic loss and property damage suits. In Re:...more

New Pennsylvania Law Limits Joint and Several Liability

On June 28, 2011, Pennsylvania Gov. Tom Corbett signed into law Senate Bill 1131; and in doing so, the future of joint and several liability in Pennsylvania was reduced to a list of exceptions. The new law provides that...more

Where Will Oil Spill Work Injury & Wrongful Death Cases Be Tried?

The Gulf Oil Spill -- the largest oil spill and one of the largest industrial accidents in history -- has already resulted in hundreds of lawsuits seeking billions of dollars in damages. Wrongful death and workers'...more

Trending Away from Medical Monitoring?

In conclusion, the law applicable to claims for medical monitoring has developed substantially since the first case of Friends For All Children. While the trend over time has been to recognize their availability through...more

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