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Texas Court Requires Expert Testimony to Support Toxic Tort Personal Injury Claims

Reinforcing the requirement for expert testimony to support toxic tort personal injury claims under Texas law, a Texas appellate court held that claims for damages due to “symptoms caused by discomfort” do not fall within the...more

New Jersey Supreme Court Reaffirms Restatement Approach to Nuisance, Trespass

In a ruling that further delineates the threshold for maintaining private nuisance and trespass claims in New Jersey, the state’s highest court held that defendant landowners were not liable for contamination to neighboring...more

Judge Finds GenOn Power Plant Suit is Like School on a Saturday … No Class.

A Pennsylvania federal judge recently struck the class allegations from a suit brought against GenOn Power Midwest LP, alleging that its coal-fired power plant released toxic emissions that damaged surrounding property. Even...more

New York Federal Court Finds that CERCLA’s Petroleum Exclusion Covers Benzene Derived from Gasoline Degradation

In White Plains Housing Authority v. Getty Properties Corp., No. 13-cv-6282, 2014 WL 7183991 (S.D.N.Y. Dec. 16, 2014), the district court applied the petroleum exclusion of the Comprehensive Environmental Response,...more

Designers, Contractors and Insurers Take Note: Recent Amendment to IL Statute of Repose Strips Asbestos Defense, Exposes Decades...

On December 19, 2014 the Illinois legislature amended the Illinois construction statute of repose to eliminate its protection in asbestos exposure cases (Public Act 098-1131). Beginning June 1, 2015, design professionals and...more

CERCLA’s Statutory Liability Defenses — How Strict Is CERCLA Liability?

It was no surprise that the Second Circuit in In re September 11 Ligitation recently affirmed the lower court’s ruling that contamination caused by the 9/11 attacks was within CERCLA’s “Act of War” defense. Although CERCLA...more

Storing Heating Oil In Residential Tank Is Not An Abnormally Dangerous Activity In New Jersey

The Appellate Division recent held that the storage of home heating oil in an underground storage tank is not an abnormally dangerous activity. In Ross v. Lowitz, the plaintiffs, John and Pamela Ross, owned property that was...more

Insurance Coverage: October 2012

This past quarter brought us the long-awaited decision from the California Supreme Court on stacking of insurance policies. The Supreme Court has ruled that stacking of limits on successive policies is permitted on continuous...more

Childhood Lead Poisoning in Massachusetts

This article will tell you about the dangers of childhood lead poisoning, how you can find out if there is lead in your home or apartment, what to do if there is lead, and what protections Massachusetts law provides for you...more

Ontario Court of Appeal Dismisses $36 Million Environmental Class Action Award Against Inco

In a 3-0 decision, the Ontario Court of Appeal has reversed a $36 million trial award to members of an environmental class action. Thousands of Port Colborne, Ontario’s residents had sued Inco for property devaluation caused...more

Massachusetts Appeals Court Resurrects Toxic Mold Claim Against Condominium

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


The American College of Occupational and Environmental Medicine (ACOEM) has recently published an updated paper on the health effects of mold exposure in an indoor environment. This article summarizes the key points that all...more


Appeal Brief on Suing Previous Owner for Lead Poisoning Child

We are representing a family with a lead poisoned child. The landlord does not have deep pockets, but the previous owner who had been order to remediate this problem 2 years prior to my clients renting the house is a large...more

Toxic Tort Challenges to Property Owners and Managers

Toxic Torts challenge Property Owners and Managers with new legal claimslegal...more

Lead Paint and Mold Liability Issues Facing Commercial Real Estate Owners

Lead Paint and Mold Liability Issues Facing Commercial Real Estate Owners...more

Appellate Panel Saves Notice Defense in Single Family Lead Paint Cases

Appellate Panel Saves Notice Defense in Single Family Lead Paint Cases...more

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