DynCorp's 'Strategic' Defense In Drug Crop Spraying Suit
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
On March 7, 2014, the California Court of Appeal in Los Angeles put an end to years of toxic tort litigation by affirming a trial court’s ruling to grant petitions for writ of error coram vobis, affirming dismissal of a case...more
On April 29, 2014, the House Energy and Commerce Subcommittee on Environment and the Economy held a hearing to review a revised draft of the Chemicals in Commerce Act (CICA2). Representative John Shimkus (R-IL), Chair of the...more
Fracking is not new to California - it has been used in oil fields for decades - but it has recently become a hot political and legal issue with increasing news reports about alleged environmental damage associated with...more
Proposed new regulations may have unintended consequences.
Despite the California governor’s call for meaningful Proposition 65 reform and a reduction in frivolous enforcement lawsuits, the California Office of...more
In a unanimous ruling issued on April 18, the D.C. Circuit largely upheld EPA regulations governing emissions of toxic air pollutants from Portland cement plants, while vacating a provision that created an affirmative defense...more
In its recent decision in Certain Underwriters at Lloyds v. Creagh, 2014 U.S. App. LEXIS 6853 (3d Cir. Apr. 14, 2014), the United States Court of Appeals for the Third Circuit, applying Pennsylvania law, had occasion to...more
On Monday, the Colorado Supreme Court granted a Petition for Writ of Certiorari in Antero Resources, et al. v. Strudley, et al. The Strudley case involves claims relating to alleged injuries from natural gas drilling...more
On March 27, 2014, New York’s Court of Appeals issued a ruling reversing an Appellate Division decision and sustaining the lower court’s decision granting a defendant’s motion to dismiss the plaintiff’s complaint alleging...more
Proposition 65 warnings could soon become a much bigger burden for businesses.
On Friday, March 7, the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) released a...more
The preconception tort is essentially any tortious conduct occurring prior to a child’s conception that results in harm to the child. This type of claim, which has been recognized in California since 1982, can cover all...more
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