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Toxic Torts Updates

Read Toxic Torts news, alerts, and legal commentary from leading lawyers and law firms:

Fifth Circuit Sets Bright Line Rule For Timing Requirement Under Federal Officer Removal Statute

by Husch Blackwell LLP on

In January 2018, a three-judge panel on the U.S. Court of Appeals for the Fifth Circuit vacated a district court’s remand of an asbestos case to state court for being untimely, based on a federal officer removal statute, 28...more

Precluding A Second Bite At The Apple; Federal District Court Grants Summary Judgment On Basis Of Doctrine Of Collateral Estoppel

by Husch Blackwell LLP on

In the interest of justice and courtroom efficiency, res judicata aims to prevent parties from re-litigating previously legally resolved issues and claims involving the same or similar parties. Maccormack v. Ingersoll-Rand...more

Hazardous Waste Enforcement: State of California and Home Depot U.S.A., Inc. Stipulation for Entry of Final Judgment/Permanent...

The California Attorney General (“AG”) announced a settlement with Home Depot U.S.A., Inc. (“Home Depot”) addressing alleged violations of: California Hazardous Waste Control Law...more

Hazardous Substances/Bodily Injury Claim: New York Court Addresses Potential Liability of Engineering Inspection Subcontractor

The Supreme Court (Appellate Division) New York addressed in a March 7th decision whether a lower court properly granted summary judgment to a subcontractor performing engineering inspection services on a highway construction...more

Does State Law Really Allow Tort Claims For Failure To Report To Governmental Agencies?

by Reed Smith on

Claims predicating prescription medical product liability claims on purported failure to report adverse events to the FDA – á la Stengel v. Medtronic Inc., 704 F.3d 1224 (9th Cir., 2013) (en banc), Hughes v. Boston Scientific...more

Ninth Circuit Weighs In On Circuit Split Regarding CERCLA Contribution Claims After Settlement and The Statute of Limitation

Asarco, LLC v. Atlantic Richfield Company, 866 F.3d 1108 (9th Cir. 2017). In a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution case, the Ninth Circuit addressed three issues of...more

Common-Law Contamination Action/Oil and Gas Production: Was Landowner Required to Exhaust Administrative Remedies Before...

The United States District Court (Mississippi-Western Division) (“Court”) issued a February 16th Memorandum Opinion and Order (“Opinion”) addressing whether a landowner’s common-law contamination claim related to oil and gas...more

Hazardous Waste Enforcement: United States Environmental Protection Agency and Henry, Virginia Paint Manufacturer/Solvent Blender...

The United States Environmental Protection Agency (“EPA”) and Blue Ridge Solvents & Coatings, Inc. (“Blue Ridge”) entered into a February 9th Consent Agreement (“CA”) addressing alleged violations of Resource Conservation and...more

Soil Testing/Environmental Assessment Question: January 9th Commonground Forum Question

The blog Commonground addressed a question regarding sampling at a leaking petroleum underground storage tank site....more

Fifth Circuit Sets Bright Line Rule For Timing Requirement Under Federal Officer Removal Statute

by Husch Blackwell LLP on

In January 2018, a three-judge panel on the U.S. Court of Appeals for the Fifth Circuit vacated a district court’s remand of an asbestos case to state court for being untimely, based on a federal officer removal statute, 28...more

An Analysis Of The Pennsylvania Fair Share Act And Its Application To Asbestos Litigation, In Light Of The Recent Ruling In...

by Husch Blackwell LLP on

In December, the Pennsylvania Superior Court ruled that the Fair Share Act applies to asbestos litigation, meaning that defendants are only responsible for the percent they are found liable. See Roverano v. John Crane, Inc.,...more

Strange But True: Recent EPA and State Actions Show Breadth of Environmental Enforcement

by Williams Mullen on

A trilogy of recent federal and state enforcement actions show just how far agencies will go to enforce environmental regulations. Now may be a good time for a compliance audit....more

Ninth Circuit Decision Expands CWA to Indirect Discharges to Navigable Water

by Snell & Wilmer on

On February 1, 2018, the 9th Circuit issued its ruling in Hawai’i Wildlife Fund v. County of Maui that expands coverage under the Federal Clean Water Act (CWA) to discharges of contaminants to groundwater that travel through...more

For Whom the Statute Tolls: It Tolls For Thee – Chavez v. Occidental Chemical Corp. – New York Federal District Court Tolls New...

by K&L Gates LLP on

On January 10, 2018, Judge Paul Engelmayer of the United States District Court for the Southern District of New York held that plaintiffs who were allegedly injured between 1965 and 1990 on banana plantations outside the...more

Ninth Circuit Holds Wastewater Discharge to Groundwater Requires Clean Water Act Permit in Hawai’i Wildlife Fund v. County of Maui

On Feb. 1, 2018, the U.S. Court of Appeals for the Ninth Circuit issued a highly anticipated decision in Hawai’i Wildlife Fund v. County of Maui, No. 15-17447 (9th Cir. Feb. 1, 2018). At issue was whether the County of Maui...more

Hexavalent Chromium/OSHA Enforcement: Kansas Aircraft Manufacturer Alleged Violations

The Occupational Safety and Health Administration (“OSHA”) has cited Spirit Aerosystems, Inc. (“SAI”) for alleged violations involving hexavalent chromium....more

Toxic Tort Monitor – February 2018

by Husch Blackwell LLP on

New Developments - Which Came First: Subject Matter or Personal Jurisdiction? Two recent Eastern District of Missouri cases examined the same issue, yet the court reached opposite results. In Lewis v. Johnson & Johnson...more

The Ohio Supreme Court Rejects Cumulative Exposure as Sufficient to Establish Substantial Factor in Asbestos Cases

by Reminger Co., LPA on

Numerous cases have been filed in courts across the United States alleging that exposure to defendants' asbestos-containing products caused various diseases, including mesothelioma, a rare cancer primarily linked to asbestos...more

Asbestos/Insurance Coverage: New York Court Addresses Defense/Indemnity Obligations Related to Alleged Criminal Clean Air Act...

The New York Supreme Court (Appellate Division) addressed in a February 2nd decision whether three insurance companies had any obligation to defend or indemnify a company who was subject to criminal proceedings related to an...more

USEPA Withdraws “Once In Always In” VOC Air Quality Policy

On January 25, 2018, the U.S. Environmental Protection Agency (“USEPA”) issued guidance withdrawing the “once in always in” policy for the classification of major sources of hazardous air pollutants (“HAPs”) under section 112...more

No Unlimited Duty of Care Without Personal Injury or Property Damage

by Low, Ball & Lynch on

Southern California Gas Company, Petitioner, v. The Superior Court of Los Angeles County - Respondent; First American Wholesale Lending Corporation, et al., Real Parties in Interest 18 Cal.App.5th 581 - Court of Appeal...more

Eighth Circuit rejects foreseeability test for notice to unknown creditors

In Dahlin v. Lyondell Chemical Co., 2018 U.S. App. LEXIS 1956 (8th Cir. Jan. 26, 2018), the Eighth Circuit Court of Appeals rejected an argument that bankruptcy debtors were required by due process to provide more prominent...more

Changes to Code Section 162(m) Under the Tax Cuts and Jobs Act

by Goodwin on

As noted in our alert on December 21, 2017, the Tax Cuts and Jobs Act of 2017 (the Act) makes significant changes to Section 162(m) of the Internal Revenue Code of 1986 (Code), which limits to $1 million the deduction that...more

Maryland’s Court of Appeals to Decide Whether Statute of Repose Defense Applies in Asbestos Litigation

by Miles & Stockbridge P.C. on

On December 1, 2017, the Court of Appeals of Maryland heard arguments on an appeal from a decision holding that the state’s 20-year statute of repose bars asbestos claims that accrue after the enactment of the asbestos...more

Confirmation from Pennsylvania Superior Court: The Fair Share Act Applies to Strict Liability Cases Involving Asbestos Exposure

by Miles & Stockbridge P.C. on

As a matter of first impression, the Pennsylvania Superior Court recently held that the Fair Share Act applies to strict liability cases involving asbestos exposure. In Roverano v. John Crane, Inc., 2017 PA Super. 415 (Dec....more

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