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Motion to Dismiss Toxic Chemicals

BCLP

PFAS Update: Litigation Trends - Motions to Dismiss

BCLP on

Marketing campaigns describing products as “green,” “natural,” and “clean” have become increasingly popular as companies seek to attract environmentally conscientious consumers. With a simultaneous increase in public...more

Husch Blackwell LLP

Lawsuit Based on Benzene in Aerosol Antiperspirant Dismissed with Prejudice

Husch Blackwell LLP on

A breast cancer lawsuit based on trace levels of benzene in aerosol antiperspirant was dismissed with prejudice by a federal judge in Louisiana, because causation was not sufficiently pled. In particular, the plaintiffs...more

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

PCBs/Common Law Claims: Delaware Court Addresses Issues Arising Out of State Damages Action

The Superior Court of Delaware in a July 11th Opinion addressed issues arising out of a damage action filed by the State of Delaware (“State”) against a manufacturer of polychlorinated biphenyls (“PCBs”). See State of...more

Goldberg Segalla

Plaintiffs in PFAS Food-Packaging Case Met With Motion to Dismiss

Goldberg Segalla on

A few weeks ago, our blog reported on a number of complaints filed against some of the most recognizable fast food chains, arising from alleged PFAS-containing food wrappers. The alleged concern is that PFAS contained in the...more

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

Citizen Suit Enforcement/Clean Water Act: Federal Court Addresses Statute of Limitations

A United States District Court (N.D. California) (“Court”) addressed in an April 22nd Order whether the statute of limitations (“SOL”) barred a Clean Water Act (“CWA”) citizen suit action. See Clarke v. Pacific Gas & Electric...more

Sheppard Mullin Richter & Hampton LLP

Prop 65 Warnings and Acrylamide in Food – Can I Still Have My Coffee and Drink it Too?

Many of us think of coffee as a morning essential, however, there has been a long running debate between California regulators, courts, business, and consumer advocates regarding whether coffee must have a Proposition 65...more

Spilman Thomas & Battle, PLLC

Product Lines - Toxic Torts and Products Liability Insights: Issue 1, 2020

Welcome to our first Product Lines issue of 2020. Product Lines is our quarterly e-newsletter that focuses on toxic torts and product liability issues. For this edition, we are reporting on several important and timely...more

Flaster Greenberg PC

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

Flaster Greenberg PC on

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

Best Best & Krieger LLP

First Amendment Rights of California Public Agencies Affirmed by Appellate Court - Anti-SLAPP Motion Successful in Dispute

Best Best & Krieger LLP on

A court of appeal dismissed a challenge to a county’s characterization of stored chemicals as hazardous waste, holding that by making that determination and forwarding it to the district attorney, the county had engaged in...more

Polsinelli

Missouri Court Vacates Talc Verdict: Cites Lack of Personal Jurisdiction

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Vacating a $72 million talc verdict against Johnson & Johnson, the Missouri Court of Appeals, Eastern District, held that the case should never have been tried in the City of St. Louis, Missouri. The plaintiff did not live in...more

Rumberger | Kirk

Missouri Appeals Court Vacates $72 Million Verdict For Lack Of Personal Jurisdiction

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In a significant defense win applying recent U.S. Supreme Court precedent, a Missouri appeals court reversed and vacated a $72 million judgment for lack of personal jurisdiction. Estate of Jacqueline Fox v. Johnson & Johnson,...more

Beveridge & Diamond PC

District Court Limits Nuisance Claims Against Chemical Manufacturer in Elk River Spill

Finding only public interests at issue from contamination of public drinking water supplies, a West Virginia federal court dismissed a private nuisance claim, but not a public nuisance claim against a chemical manufacturer. ...more

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