News & Analysis as of

Medical Monitoring Contamination

Husch Blackwell LLP

New Hampshire Supreme Court Rejects Medical Monitoring Claim in PFAS Case

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The Supreme Court of New Hampshire declined to recognize medical monitoring as a remedy or cause of action for plaintiffs who claim exposure to toxic substances. The court based its reasoning on New Hampshire common law and...more

MG+M The Law Firm

Risk of Injury is Not an Injury: New Hampshire Supreme Court Declines to Recognize Medical Monitoring

MG+M The Law Firm on

Last week, the New Hampshire Supreme Court held that state law does not recognize medical monitoring as a remedy or cause of action for plaintiffs who allege that they were exposed to a toxic substance. In Kevin Brown v....more

White and Williams LLP

New Hampshire Supreme Court Declines to Recognize Cause of Action for Medical Monitoring in Context of PFAS Claims

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On March 21, 2023, the New Hampshire Supreme Court, answering a certified question from the U.S. District Court for the District of New Hampshire, concluded that New Hampshire does not recognize a cause of action for recovery...more

Lowenstein Sandler LLP

Second Circuit Upholds Medical Monitoring Claim in Litigation Arising From PFOA Groundwater Contamination

Lowenstein Sandler LLP on

On May 18, the U.S. Court of Appeals for the Second Circuit decided in Benoit, et al. v. Saint-Gobain Performance Plastics Corp., et al., No. 17-3941-cv(L), slip op., __ F.3d ___ (2d Cir. 2020), that, under New York law, the...more

Flaster Greenberg PC

Federal Judge’s Comments In Willow Grove PFAS Case Suggest Time May Be Approaching When Pennsylvania (And Other States) Will...

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Last week, Law360 reported on a hearing that occurred in the Federal District Court for Eastern Pennsylvania before Judge Gerald Pappert concerning PFAS. The hearing concerned a motion to dismiss brought by the United States...more

Beveridge & Diamond PC

Toxic Tort & Product Liability Quarterly Volume 7, Number 2

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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

Bond Schoeneck & King PLLC

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

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