Toxic Exposure

News & Analysis as of

Toxic Tort & Product Liability Quarterly Vol. 9, No. 3, August 2016

California Appellate Court Upholds “Every Exposure” Theory - Deferring to the role of a jury in resolving questions of competing scientific theories, a California appeals court upheld a trial court’s ruling allowing...more

Safe Food Labeling Act — Less Label Clarity and Less Safety?

While Americans have been bombarded with news of Pokemon sightings, legislation concerning our food safety passed through the House, with barely a whisper from the mainstream media. The House of Representatives submitted...more

OSHA Law Alert: Oregon OSHA Issues Proposed Silica Rule

In response to the federal Occupational Safety and Health Administration’s adoption of more stringent standards for crystalline silica, Oregon OSHA has proposed revisions to its own silica standards. Oregon OSHA’s rule...more

NJ Supreme Court Opens Door to More Take-Home Exposure Claims against Landowners

On July 6, 2016, in Schwartz v. Accuratus Corporation, No. A-73-14-076195, the New Jersey Supreme Court held that individuals other than spouses exposed to take-home toxins may pursue claims against landowners....more

EPA Issues Final Rule Implementing Formaldehyde Emission Standards

Final rule seeks to reduce exposure to formaldehyde vapors by establishing emission standards and labeling requirements for certain wood products. Six years after the passage of the Formaldehyde Emission Standards for...more

OSHA Promulgates New Rule on Respirable Silica Particles

Workers who inhale very small crystalline silica particles are at increased risk of developing serious — and often deadly — silica-related diseases. These tiny particles (known as “respirable” particles) can penetrate deep...more

Environmental Notes - July 2016

CONGRESS FINDS THE FORMULA TO REFORM CHEMICAL REGULATION - The Toxic Substance Control Act (TSCA) is the primary federal law by which the manufacture, import and use of chemical substances are regulated in the United...more

Ninth Circuit Affirms EPA Order Denying Request for Uniform Buffer Zones to Mitigate Exposure of Children to Spray Drift

On July 5, 2016, a three judge panel of the U.S. Court of Appeals for the Ninth Circuit issued a brief opinion denying a petition for review of a U.S. Environmental Protection Agency (EPA) order in which EPA declined to...more

California Adds Group of Herbicides to Proposition 65 List

Following a failed legal challenge by Syngenta Crop Protection, California’s Office of Environmental Health Hazard (OEHHA) has announced that it has added a group of broadleaf herbicides to the list of chemicals under...more

California Lists Sedaxane, Styrene Under Prop. 65

Sedaxane and styrene are among the latest chemicals to be listed by California as requiring a Prop. 65 warning. Sedaxane is a seed treatment fungicide. It was listed under Prop. 65 as a carcinogen on July 1, and the warning...more

Mine Operators Face Conundrum over MSHA’s RFI on Diesel Exhaust

The mining industry faces a conundrum over the Mine Safety and Health Administration’s Request for Information (RFI) for industry data and experiences accumulated by underground mine operators over the past 15 years. MSHA’s...more

Meatpacking – The Hidden Dangers

The Bureau of Labor Statistics has called meatpacking the most dangerous industry in the country, resulting in illnesses and injuries to over 40,000 workers each year. With such a high risk of illness and injury to workers, a...more

Los Angeles Superior Court Issues Important Defense Verdict In Unique Proposition 65 Trial Against Brass-Polish Manufacturer

In a recent trial in Los Angeles Superior Court in the matter AFS Enterprises, LLC, v. Reckitt Benckiser, PLC, Los Angeles Superior Court Case No. BC539678, the plaintiff brought a single claim under Proposition 65 (Safe...more

Flame Retardants: A Guide to Current State Regulations

The Massachusetts Senate became the latest state legislative body to pass a bill that would ban at least eleven flame retardants from children's products sold in the state. An Act to protect children and families from harmful...more

“All Sums” Claims Another Victory, This Time In New York

In Viking Pump, Inc., et al. v. TIG Insurance Co., et al., 2016 N.Y. LEXIS 1018 (N.Y. May 3, 2016), policyholders scored a victory when New York’s highest court applied “all sums” allocation and vertical exhaustion. The...more

Feds Crack Down on Unsafe Asbestos Removal

The unsafe removal of asbestos by unprotected workers poses a huge health and safety risk in today’s workplace. Although asbestos is known to cause lung cancer and mesothelioma, it is not banned and continues to pose dangers...more

OSHA Finalizes Crystalline Silica Rule, Effective June 2016

After years in the making and thousands of comments to the proposed rule from 2013, OSHA has finalized the Crystalline Silica Rule for General Industry and Maritime. The final rule was published in the Federal Register on...more

SC Public Policy Update - June 2016

What's New - SENATE - The Senate spent the final three days of the legislative session debating the remaining House bills on the calendar as well as bills returned from the House. Members worked late into the night...more

Don’t Get Sandbagged - OSHA Releases Final Silica Rule

Seyfarth Synopsis: OSHA’s new Silica Rule will have a lasting effect on nearly 2.3 million workers and over 675,000 employers. The chances are high that the new Silica Rule will affect your business and may require you to...more

Toxic Tort and Environmental Litigation: Applying the Toxic Tort Statute of Limitations (6/16)

Toxic tort cases may involve claims of injuries arising months or years after the date of alleged exposure. A recent Appellate Division Third Department decision addressed the application of the toxic tort statute of...more

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

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

TSCA Reform: An Analysis of Key Provisions and Fundamental Shifts in the Amended TSCA

The Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg) makes important changes to the Toxic Substances Control Act (TSCA) that result in fundamental shifts in the requirements and approach under the...more

New York Reaffirms General Acceptance Standard in Frye for Scientific and Technical Issues

In a recent opinion handed down by New York’s highest state court – the Court of Appeals –Sean R. v. BMW of N. Am., LLC, 2016 N.Y. Slip. Op. 01000 (Feb. 2016) reaffirmed New York’s continued adherence to Frye’s “general...more

Pennsylvania Federal Court Dismisses Untimely Medical Monitoring Class Claim

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

First Circuit: Plaintiffs’ Specific Causation Expert Fails to Pass Muster in Benzene Case

Last week, we (along with many of you, we assume) attended the DRI Drug and Medical Device conference in Chicago. We re-connected with friends dating to the beginning of our lengthy career (literally – ran into the head of...more

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