News & Analysis as of

Medical Monitoring

Major League Baseball Wearable Tech Experiment Raises Athlete Privacy Issues

by King & Spalding on

On March 6, 2017, Major League Baseball (“MLB”) announced that it has officially approved a wearable biometric monitoring device (the “Device”) for in-game use by athletes. Created by WHOOP Inc. (“WHOOP”), the Device is the...more

Cal/OSHA Proposes Hotel Housekeeping Injury Rule

by Fisher Phillips on

After several years of discussion and debate, the Cal/OSHA Standards Board (Board) recently issued a proposed standard on “Hotel Housekeeping Musculoskeletal Injury Prevention.” The proposal currently is open for public...more

Toxic Tort & Product Liability Quarterly Vol. 9, No. 2, May 2016

by Beveridge & Diamond PC on

In a case that may make it easier to prove causation in Maryland lead paint cases, the Maryland Court of Appeals held that neither direct evidence of the source of lead nor expert testimony was necessary when a trier of fact...more

Pennsylvania Federal Court Dismisses Untimely Medical Monitoring Class Claim

by Beveridge & Diamond PC on

In a decision that may make it more difficult to sustain medical monitoring claims in Pennsylvania, a federal district court dismissed as untimely a putative class action alleging workplace chemical exposure. Blanyar v....more

California Federal Court Dismisses Medical Monitoring Claims for Lack of Plausible Cancer Risk

by Beveridge & Diamond PC on

In a significant victory for defendants facing toxic tort exposure claims, a California federal court dismissed a medical monitoring putative class action brought by drinkers of certain Pepsi products because Plaintiffs...more

Medical Monitoring For Soft Drink Purchasers: Not The Choice For This Generation

by Reed Smith on

Those of us who have been paying at least marginal attention to developments in popular culture and product liability law—not necessarily the fanatical level of attention to these subjects paid by certain of our...more

South Carolina Federal Court Allows RCRA Claim for Medical Monitoring

by Beveridge & Diamond PC on

Finding that the medical monitoring relief requested by Plaintiffs would be primarily injunctive in nature, a federal district court in South Carolina denied Defendants’ motion to dismiss and allowed Plaintiffs’ request for...more

Is Apple Leading a Health Management Revolution?

Yesterday was a significant day for Apple and its legions of loyal fans, but was it also the “beginning of a health revolution” as Apple alludes to? On September 9th, Apple announced its new iteration of the iPhone, the...more

Toxic Tort & Product Liability Quarterly Volume 7, Number 3

by Beveridge & Diamond PC on

PREEMPTION - Supreme Court Says CERCLA Does Not Preempt Repose Defense for Tort Claims - The U.S. Supreme Court has put to rest a longstanding legal question affecting the deadline for plaintiffs to bring toxic tort...more

Words Matter … To Spartans And To The First Circuit

by PretiFlaherty on

There is a scene in the movie 300 where King Leonidas greets the Persian messenger with, “Before you speak, Persian, know that in Sparta everyone, even a king’s messenger, is held accountable for the words of his voice.” ...more

Toxic Tort & Product Liability Quarterly Volume 7, Number 2

by Beveridge & Diamond PC on

MASS TOXIC TORTS - West Virginia Chemical Spill Prompts Wave of Lawsuits - The January 9th, 2014 chemical release at a Freedom Industries, Inc. facility in West Virginia has shown, yet again, that major...more

April 2014: Insurance Litigation Update

New York Court of Appeals Answers Important Questions About Whether an Increased Risk of Harm Constitutes a Physical Injury. Over the past fifteen years, the question of whether tort claims for medical monitoring fall within...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

Monitor What? Another Medical Monitoring Development In The Spray Polyurethane Foam Insulation Products Liability Litigation

by Carlton Fields on

On January 31, 2014, the Middle District of Florida dismissed, without prejudice, a medical monitoring claim in a spray polyurethane foam (SPF) insulation products liability class action. Gibson v. LaPolla Indus., Inc., et...more

Landmark Medical Monitoring Ruling Benefits New York Employers and Corporate Defendants

by Hodgson Russ LLP on

New York’s highest court recently issued a significant decision for all New York employers and corporate defendants. On December 17, 2013, a divided Court of Appeals declined the opportunity to create an independent equitable...more

New York's Highest Court Does Not Recognize Claims for Medical Monitoring – For Now: Using "Phobia" Claims as a Backdoor to...

In Caronia v. Philip Morris USA, Inc., 2013 N.Y. LEXIS 3476, 2013 N.Y. Slip. Op. 8372 (December 17, 2013), the New York Court of Appeals, in a 4-21 decision with sharp and barbed contrasts between majority and dissent, ruled...more

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Cybersecurity

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