Toxic Torts Products Liability

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New York’s Highest Court Reaffirms Specific Causation Rule under Parker in Toxic Tort Cases

On March 27, 2014, New York’s Court of Appeals issued a ruling reversing an Appellate Division decision and sustaining the lower court’s decision granting a defendant’s motion to dismiss the plaintiff’s complaint alleging...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

California Environmental Law and Policy Update

Environmental and Policy Focus -- Court of Appeals upholds determination: Reuters - Mar 14 - The U.S. Ninth Circuit Court of Appeals yesterday rejected a challenge to a determination by the U.S. Fish & Wildlife Service...more

California Announces First Consumer Products Subjected to New Green Chemistry Rules

Today, the California Department of Toxic Substances Control (DTSC) announced its highly anticipated list of the first products and chemicals to be evaluated under the state’s innovative Safer Chemical Product regulations....more

Manufacturers, Importers and Retailers Must Take Action Following DTSC Reveal of Priority Products

Once again, California is on the leading edge of environmental programs. An approaching April 1, 2014, deadline for publication of a “Priority Products List” under “Safer Consumer Products Regulations” that first went into...more

California Appellate Court Finds Employer Has No Duty to Future Child for Parent-Employee’s Preconception Exposure to Toxins

The preconception tort is essentially any tortious conduct occurring prior to a child’s conception that results in harm to the child. This type of claim, which has been recognized in California since 1982, can cover all...more

Editorial: Silica Exposure Lawsuits: The Next Toxic Tort?

With the Occupational Safety and Health Administration signaling its increased attention to workers’ exposure to crystalline silica, and the plaintiff bar evidently in search of new subjects for “toxic tort” claims, there is...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

California Appellate Court Limits Application of Sophisticated User Doctrine

Stepping back from broad application of the sophisticated user doctrine in product liability and toxic tort litigation, the Second District of the California Court of Appeal, recently affirmed a jury’s $21 million verdict for...more

2013 Review Of 3rd-Party Pollution Exclusion Decisions

Decades after its inception, the liability insurance policy’s pollution exclusion remains a much-litigated area of insurance law. In the third-party liability context, the provision precludes coverage for injury or damage...more

Pennsylvania Continues Trend of Stricter Review of Experts in Product Liability and Toxic Tort Cases

For years, plaintiffs in product liability and toxic tort cases have viewed Pennsylvania's state court system as a favorable forum. Over the past year and a half, however, the Pennsylvania appellate courts have issued...more

Class Action Litigation Reform – Interview with Dan Pascucci, Member, Mintz Levin [Video]

Attorney Dan Pascucci, Member of Mintz Levin's Litigation Practice, talks about the Supreme Court’s role in establishing the national identity of class action litigation....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

Plaintiff's Rights Regarding an Independent Medical Examination

When plaintiff receives a demand for a physical examination he or she have 20 days after the service of the demand to serve their response. More likely than not, plaintiff counsel is going to allow the plaintiff to submit to...more

Oklahoma Supreme Court Holds Comprehensive Lawsuit Reform Act of 2009 Unconstitutional

In 2009, Oklahoma joined the list of states attempting to curb “lawsuit abuse” by passing the Comprehensive Lawsuit Reform Act of 2009 (CLRA of 2009). Arguably the most sweeping legislation affecting the practice of law in...more

Historical Tort System Claim Values Cannot Be Reduced By "Nuisance" Settlements and "Implicit Defense Costs" To Determine Present...

Delaware Bankruptcy Judge Judith Fitzgerald in the bankruptcies of Specialty Products Holding Corp. (a/k/a RPM, Inc.) and Bondex International, Inc. rejected the Debtors’ “novel” claim estimation approach that reduced from...more

Insurance Recovery Law -- Apr 18, 2013

Ninth Circuit Narrows Insurers' Options in Pursuing Subrogation Claims Under CERCLA - Why it matters: The Ninth Circuit confirmed that Chubb could have maintained a subrogation action against potentially liable parties...more

Q&A With Carlton Fields' Gregory Cesarano

At Carlton Fields, Greg Cesarano focuses his practice on defense of corporations and manufacturers in products liability and commercial claims. He also leads Carlton Fields’ products and toxic tort liability practice group,...more

CWP 4750 of 2013 [Hemant Goswami vs. Union of India]

PIL - Ban Identified Carcinogens

The Writ petition is about the unrestricted commercial availability of many substances which are labelled as Group 1 (Class A) or Group 2A/2B Carcinogens (Sure-shot Cancer causing agents) by the WHO IARC (International Agency...more

Asbestos Alert: Barabin v. AstenJohnson, Inc., et al. Ninth District Court of Appeals, Action #10-36142, 11-35020 (November 16,...

On March 25, 2013, the Ninth Circuit ordered that this case be reheard en banc. The hearing is currently expected to go forward during the week of June 24, 2013 in Seattle, Washington. A decision is expected within three...more

I've Got This Doctor You Gotta See!

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

Difficulties Filing A Chinese Drywall Lawsuit

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

Product Liability Annual Review -- 2012

In This Issue: Letter from Chair; Key Practice Highlights; Aviation; Consumer Products and Toxic Torts; Pharmaceutical Products and Medical Devices; Awards + Rankings; Publications; Key Contacts. Excerpt from...more

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

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

"Every Breath" Theory: On Its Last Breaths?

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

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