Adding to the growing body of case law that rejects the so-called “every exposure” theory, a federal court in Louisiana has excluded specific causation opinions of a plaintiffs’ expert who relied on the theory, finding that...more
Notwithstanding the intent of the North Carolina legislature, a federal court ruled that the state’s recently amended law exempting groundwater contamination suits from a 10-year statute of repose did not save a latent toxic...more
Exemplifying the reluctance of many courts to allow toxic tort cases to proceed as class actions, a federal judge in Arkansas denied certification of a putative class of neighboring landowners who claimed the Defendant’s...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
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
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