News & Analysis as of

Hazardous Substances Bodily Injury

K&L Gates LLP

PFAS and Other Emerging Alleged Contaminants Litigation: Mitigating Risk Through Insurance

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The United States (US) has seen an explosion of litigation in recent years relating to perfluoroalkyl and polyfluoroalkyl substances (PFAS), referred to by some as “forever chemicals” because they are slow to degrade and can...more

Holland & Knight LLP

2023 PFAS Year in Review: EPA Policy and Aqueous Film-Forming Foam Litigation Updates

Holland & Knight LLP on

2023 was a busy year for folks following legal developments related to per- and polyfluoroalkyl substances (PFAS). In December, the U.S. Environmental Protection Agency (EPA) issued its Second Annual Progress Report. Some of...more

Hissey, Mulderig & Friend, PLLC

Asbestos Bankruptcy Trusts Offer Compensation to Victims of Exposure and Families

The link between asbestos exposure and an increased risk of diseases such as mesothelioma cancer, asbestos lung cancer, asbestosis, or other diseases was conclusively established in the 1970s. When this information was made...more

Rivkin Radler LLP

Insurance Update - September 21 2022

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Some important insurance decisions were handed down over the past month. We begin in Ohio, where public nuisance claims by state and local governments over opioids and lead paint were on full display. In Acuity, the...more

Rivkin Radler LLP

Insurance Update - May 18 2022

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You’ll find some notable decisions in our May Insurance Update. Appeals over pandemic-related business interruption losses have made their way up to state high courts. And so far, these courts have continued the trend...more

Maron Marvel

Recent Food Packaging Lawsuits Against Fast Food Giants are Supersizing PFAS Litigation

Maron Marvel on

The recent growth of litigation involving per- and polyfluoroalkyl substances (PFAS) has focused on firefighting foam, cosmetics cases, and industrial sites using and disposing of PFAS-containing materials. Now, emboldened by...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Asbestos/Bodily Injury Claims: Montana Supreme Court Addresses Preemption/Strict Liability Issues

The Montana Supreme Court (“Court”) in a March 11th Opinion addressed issues arising out of asbestos bodily injury claims against BNSF Railway Co. (“BNSF”). See BNSF Railway Co. v. Eddy, 2020 WL 1164045 (Mont. 2020). The...more

Robins Kaplan LLP

Robins Kaplan Justice Report Winter 2020 | VOL. 14 NO. 1

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DUSTING SPRAY DEATHS AND INJURIES - Robins Kaplan LLP is investigating and litigating “dusting” cases, which arise when someone inhales—or “huffs”—compressed gas dusting spray for its intoxicating effects while driving and...more

Rumberger | Kirk

Find Your Footing: Don’t stumble when it comes to slip-and-fall claims

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Some regard slip-and-fall claims as nuisance litigation and often make billboard plaintiffs’ lawyers the butt of jokes. But, occasionally, these claims represent catastrophic injuries with verdicts to match, and even garden...more

Robinson+Cole Massachusetts Appellate Blog

The Scope of an Insurer’s Right to Control the Defense – OneBeacon America Ins. Co. v. Celanese Corp.

The scope of an insurer’s right to control the defense of an insured is an underdeveloped issue in Massachusetts case law, which the Appeals Court recently addressed in OneBeacon America Ins. Co. v. Celanese Corp., No....more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - September 2014

Pollution Exclusion Doesn’t Bar Coverage for Worker Exposed to Hazardous Chemicals That Were Not “Dispersed”: Why it matters - A federal district court in Texas strictly construed a pollution exclusion in...more

Porter Hedges LLP

Environmental Alert: "Texas Supreme Court Clarifies Causation Standard in Multiple Source Toxic Tort Cases"

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The Texas Supreme Court took what appears to be a middle ground in toxic tort cases involving exposure to the same substance from multiple sources. The Court rejected the “but for” standard advocated by the defendant, but...more

Gray Reed

Are Personal Injury Damages Avaiable in a Nuisance Case?

Gray Reed on

As promised, on May 22, today’s post is a study of the personal injury issues raised by the defendants in Parr v. Aruba. In this post we raise the question and discuss what the parties believe the answer should be....more

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