News & Analysis as of

Toxic Exposure

Six Ways Michigan's Review of Vapor Intrusion Sites Could Impact You

by Pepper Hamilton LLP on

The Michigan Department of Environmental Quality (MDEQ) recently announced that it will be evaluating the vapor intrusion (VI) pathway at 4,000 sites, including as many as 375 Resource Conservation and Recovery Act (RCRA)...more

Oregon OSHA Issues Proposed Changes to Regulations Regarding Occupational Exposure to Beryllium in General Industry, Construction,...

by Stoel Rives LLP on

In response to the federal Occupational Safety and Health Administration’s adoption of revised beryllium exposure standards, Oregon OSHA has proposed to adopt the federal OSHA final rules, with minor modifications that would...more

Punitive Damages Overkill Redux: J&J Hit With Another Massive Disproportionate Punitive Award In Talc Litigation

Just about a week after suffering its third punitive award in pelvic-mesh litigation, Johnson & Johnson found itself on the wrong end of a $105 million punitive award—close to 20 times the $5.4 million compensatory award—in...more

New York Lead Paint Suit Barred by Statute of Limitations

by Beveridge & Diamond PC on

Illustrating the limits of New York’s discovery rule, a New York appeals court dismissed claims alleging injuries from lead paint exposure as barred by the statute of limitations. See Vasilatos v. Dzamba, No. 523286 (N.Y....more

“Take-Home Toxins” Expand Duty of Care Imposed on Employers

A federal district court in Pennsylvania recently found that Accuratus Corporation (“Accuratus”), a ceramics manufacturer and supplier, could be liable under New Jersey law for chemical exposure injuries to the girlfriend and...more

What’s That Smell? An Examination of Legal Developments Related to Formaldehyde Products

Is that formaldehyde you smell in your newly floored sunroom? Hopefully, it is not. Formaldehyde is a colorless, flammable, strong-smelling chemical used in construction and household products, such as cabinets, furniture,...more

OSHA Delays Enforcement of Crystalline Silica Standard for Construction

by Seyfarth Shaw LLP on

Seyfarth Synopsis: OSHA has just announced a three month delay of enforcement of the Crystalline Silica Standard for Construction under 29 CFR 1926.1153. Crystalline silica is a staple of our modern society. OSHA notes...more

OSHA Update: OSHA Delays Enforcing Silica Standard in Construction

by Sherman & Howard L.L.C. on

On April 6th, OSHA announced a delay in the enforcement of its crystalline silica standard in the construction industry. Enforcement will be delayed until September 23, 2017, so that additional outreach, educational...more

How to Effectively Manage Vapor Intrusion Risks When Acquiring and Developing Property

With increasing concern and attention being raised by regulatory agencies and the public on protecting building occupants from exposure to vapor intrusion (VI)-related contaminants, parties acquiring and developing property...more

Johnson & Johnson Advocate Says It Should Not Be Defendant in Baby Powder Case

The Personal Care Products Council wants its name off the defendants’ list in multidistrict litigation filed in U.S. District Court in New Jersey by plaintiffs suing Johnson & Johnson over the pharmaceutical giant’s baby...more

CDC Study Finds Mesothelioma Death Rates Higher Than Projections

by Selman Breitman LLP on

On March 3, 2017, the Centers for Disease Control and Prevention (CDC) published a study assessing malignant mesothelioma mortality rates in the United States between the years 1999-2015. The Study – apparently the first of...more

California Court Rejects Plaintiff’s Claim of ‘Possible’ Exposure to Asbestos

by Selman Breitman LLP on

Defendants in California asbestos injury lawsuits cannot be held liable where plaintiffs can only prove a ‘possibility’ of exposure to defendants’ asbestos-containing products. The California Court of Appeal in Billy S....more

Georgia Supreme Court Limits Duty to Warn Third Parties

by Beveridge & Diamond PC on

Affirming limits on the duty to warn third parties of toxic exposure risks, the Supreme Court of Georgia held that a manufacturer of asbestos-laden pipes had no duty to warn the daughter of a worker who serviced the pipes...more

Product Liability Update: February 2017

California Courts Reject Speculative Evidence of Exposure to Asbestos from Contaminated Talc. In a new wave of asbestos-related personal injury litigation, plaintiffs allege that they were exposed to talc-containing products...more

EPA Has a Nondiscretionary Duty to Review West Virginia’s Failure to Submit TMDLs

Acting in response to state legislation, the West Virginia Department of Environmental Protection ceased work on promulgation of total maximum daily loads related to ionic toxicity. Ionic toxicity is a consequence of...more

Dallas Court of Appeals Reverses $2.9 Million Jury Verdict, Finding Insufficient Evidence of Intent

In 2014, the jury awarded $2.9 million to plaintiff landowners in Lisa Parr et.al. v. Aruba Petroleum, Inc., a case involving alleged hydrocarbon exposure due to hydraulic fracturing operations. Earlier this week, the Dallas...more

OSHA Issues New Beryllium Standards

by Beveridge & Diamond PC on

After more than 40 years of trying, the Occupational Safety and Health Administration (OSHA) has published a rule to reduce its occupational exposure limits for beryllium, a toxic metal used in various industries. Upon...more

Coal Plant Shutdowns: Operators Should Implement Their Document Retention Policies And Protect Against Future Asbestos Claims

by McCarter & English, LLP on

As far as contamination concerns go, asbestos-containing materials (ACM) are generally way down the list of issues at a shutdown coal plant. You hire certified contractors, bag the ACM and dispose of it in approved landfills....more

"The Class Action Chronicle - Winter 2016"

This is the 14th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings issued...more

Ohio Governor Kasich Signs into Law Presumption for Cancer Incurred During Work Activities

by Roetzel & Andress on

On January 4, 2017, Governor John Kasich signed the Michael Louis Palumbo, Jr., Act (The Act) into law, which provides a rebuttable presumption that a firefighter who is disabled due to certain cancers, contracted the same,...more

California Imposes Broad Liability in “Take-Home” Toxic Exposure Cases

by Wilson Elser on

The Supreme Court of California has overturned prior case law and imposed broad new liability on “employers and premises owners” in “take-home” toxic exposure cases. In a lengthy opinion issued in the consolidated Kesner v....more

California Supreme Court Imposes Broad Liability for Employers and Premises Owners in “Take-Home” Toxic Exposure Cases

by Wilson Elser on

The Supreme Court of California has overturned prior case law and imposed broad new liability on “employers and premises owners” in “take-home” toxic exposure cases. In a lengthy opinion issued in the consolidated Kesner v....more

Rost May Change the Toxic Tort Landscape

A November 22, 2016 Supreme Court ruling, Rost, significantly changed the playing field for defendants in Pennsylvania. During trial, Plaintiffs’ expert, Dr. Arthur Frank, espoused the previously-rejected opinion that each...more

California Environmental Law & Policy Update - December 2016 #2

by Allen Matkins on

Environmental and Policy Focus - Trump picks Scott Pruitt to lead EPA - New York Times - Dec 7 - President-elect Donald J. Trump has selected Scott Pruitt, the Oklahoma attorney general and a close ally...more

Toxic Tort & Product Liability Quarterly Vol. 9, No. 4, December 2016

by Beveridge & Diamond PC on

DC High Court Adopts Daubert Approach to Expert Testimony - In a direct victory for mobile phone manufacturers and service providers, and with implications for any other case involving expert testimony in the District of...more

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