DynCorp's 'Strategic' Defense In Drug Crop Spraying Suit
In its recent decision in State Farm Fire & Casualty Co. v. Dantzler, the Supreme Court of Nebraska had occasion to consider the application of pollution exclusion to an underlying personal injury claim involving an...more
Pollution Exclusion Doesn’t Bar Coverage for Worker Exposed to Hazardous Chemicals That Were Not “Dispersed”:
Why it matters -
A federal district court in Texas strictly construed a pollution exclusion in...more
The chemical wars are in full swing. And for consumer products and chemicals manufacturers, victory on the regulatory front is by no means a foregone conclusion.
Progressive legislators in states such as California,...more
In an ongoing Proposition 65 litigation brought in late 2013 by the Public Interest Alliance (PIA) targeting more than 100 sun-protection and powder-cosmetics manufacturers, plaintiff claims defendants’ products expose...more
Several domestic industries have historically produced elemental mercury as either a main product or a byproduct of their operations. This mercury has typically been sold to third parties that have utilized it in the...more
A New Jersey federal court recently dismissed an environmental suit against Lockheed Martin, rejecting the plaintiffs’ argument that any exposure to particular environmental contaminants is harmful. Leese v. Lockheed Martin...more
On July 9, 2014, the Director of the U.S. Environmental Protection Agency's Superfund Division in Region 9 issued a memo to staff setting an “operational framework” to address “inhalation exposures [to trichloroethylene] in...more
The U.S. Supreme Court’s denial of certiorari in Bell v. Cheswick could pave the way for more state common law air pollution tort suits and greater exposure for emitters.
A new wave of state common law air pollution...more
The General Assembly passed noteworthy bills on six diverse environmental and land use subjects.
Hydraulic Fracturing Waste -
A deceptively simple bill concerning hydraulic fracturing waste, PA 14-200, emerged...more
In Genereux v. Raytheon Co., No. 13-1921, 2014 WL 2579908 (1st Cir. June 10, 2014), the First Circuit Court of Appeals affirmed summary judgment against class action plaintiffs seeking recovery for medical monitoring costs...more
The Texas Supreme Court took what appears to be a middle ground in toxic tort cases involving exposure to the same substance from multiple sources. The Court rejected the “but for” standard advocated by the defendant, but...more
Yesterday, the Texas Supreme Court reaffirmed the substantial-factor standard of causation recognized in Borg-Warner Corp. v. Flores, and held that it applies in mesothelioma cases. The Court made clear that in...more
Every day throughout Illinois, and the rest of the country, workers in nearly every field and in a range of working environments are exposed to toxins, such as chemicals and gases, in the workplace. In some cases, this...more
I recently co-authored an article for Law360 entitled “Cornell Ruling Is Cause for Experts’ Concern,” which covered the ruling by the New York Court of Appeals in Cornell v. 360 West 51st St. Realty, LLC (2014 NY Slip Op...more
As promised, on May 22, today’s post is a study of the personal injury issues raised by the defendants in Parr v. Aruba.
In this post we raise the question and discuss what the parties believe the answer should be....more
The Mississippi Supreme Court recently reversed a $1.1 million jury verdict of a widow of a former railroad worker. In Mississippi Valley Silica Company, Inc. v. Reeves, (Supreme Court of Mississippi, No. 2012-CA-01702-SCT,...more
Two California Courts of Appeal recently decided cases that will significantly impact secondary asbestos exposure claims in California. The result is that premises owners have no duty to protect family members of workers on...more
The National Toxicology Program (NTP) Interagency Center for the Evaluation of Alternative Toxicological Methods (NICEATM) published a Federal Register notice on June 19, 2014, requesting available data and information on...more
In many toxic tort cases, the date of exposure to the alleged toxin occurred years before the emergence of any symptoms of injury. For that reason, relatively simple rules for disclosure of medical proof may become more...more
On June 2, 2014, the Washington State Court of Appeals issued a published opinion regarding what constitutes a “suit” in the context of environmental liability claims under the Model Toxics Control Act (MTCA). The court held...more
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
In Olivares et al. v. Morehouse-Cowles et. al., (April 21, 2014, B245407) [2014 WL1571766], the California Court of Appeal recently held that several mixing machine manufacturers could be sued for injuries allegedly caused by...more
The question about whether or not Johnson & Johnson’s Baby Powder contains carcinogens is reportedly about 30 years old. That is alleged in a plaintiffs’ lawsuit against Johnson & Johnson over its Baby Powder claiming there...more
On Tuesday, May 13, 2014, a coalition of environmental organizations led by EarthJustice submitted a Petition to the United States Environmental Protection Agency calling for the regulation of air emissions associated with...more
Feds Report On Chinese Drywall Brings Both Vindication And Deep Frustration To Florida Homeowners.
A report from the CDC confirms what thousands of Floridans suffering financial distress and medical problems have known for...more
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