Finding that the medical monitoring relief requested by Plaintiffs would be primarily injunctive in nature, a federal district court in South Carolina denied Defendants’ motion to dismiss and allowed Plaintiffs’ request for...more
Underscoring the importance of reliable expert methodology, the U.S. Court of Appeals for the Third Circuit upheld the dismissal of a personal injury suit based on unreliable expert testimony. See Henry v. St Croix Alumina,...more
In what may be a cautionary tale for owners of contaminated property, a New Jersey appellate court has ruled that a landowner forfeited any claim to property damages when he allowed the responsible party to perform...more
Clarifying when expert testimony on alleged diminution in property value becomes legally sufficient to support a so-called “stigma” claim, the Texas Supreme Court struck down a $350,000 jury verdict based on environmental...more
11/4/2014
PREEMPTION -
Supreme Court Says CERCLA Does Not Preempt Repose Defense for Tort Claims -
The U.S. Supreme Court has put to rest a longstanding legal question affecting the deadline for plaintiffs to bring toxic tort...more
The U.S. Supreme Court has put to rest a longstanding legal question affecting the deadline for plaintiffs to bring toxic tort and contamination claims stemming from certain contaminated sites. CTS Corp. v. Waldburger, No....more
MASS TOXIC TORTS -
West Virginia Chemical Spill Prompts Wave of Lawsuits -
The January 9th, 2014 chemical release at a Freedom Industries, Inc. facility in West Virginia has shown, yet again, that major...more
4/28/2014
/ Chemical Spills ,
Class Certification ,
Contamination ,
Damages ,
Drinking Water ,
Expert Testimony ,
Failure To Warn ,
Groundwater ,
Hazardous Substances ,
Medical Monitoring ,
Toxic Exposure