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Toxic Torts Updates

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

EPA's TSCA Chemical Substance Inventory Identifies Newly Designated “Active” Chemicals

The U.S. EPA has released the updated Toxic Substances Control Act (TSCA) Chemical Substance Inventory (Inventory), which identifies non-confidential chemical substances designated as “active” in U.S. commerce. The April 2018...more

Dealing with the ROT in Mass TORts

by Reed Smith on

Anyone interested in what’s wrong with mass torts in today’s litigation landscape should read the recent article in the New York Times article, “How Profiteers Lure Women Into Often-Unneeded Surgery,” which ran in the paper...more

Another Take On “Take-Home” Exposure In California: Foglia V. Moore Dry Dock Co.

by Husch Blackwell LLP on

A California appellate court recently upheld the trial court’s granting of summary judgment in a secondary exposure asbestos case where Plaintiffs could offer no admissible evidence that decedent’s father worked around...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

Fourth Circuit Joins Ninth Circuit in Expanding Clean Water Act Jurisdiction Over Discharges to Navigable Waters Conveyed Through...

Unpermitted point source discharges that reach navigable waters indirectly, via groundwater, may lead to Clean Water Act (CWA) liability according to the Fourth Circuit Court of Appeals (encompassing Maryland, Virginia, North...more

“Sue-Me State” Or “Show-Me State”: The Latest Push For Asbestos Exposure Tort Reform In Missouri

by Husch Blackwell LLP on

The stage is set for a heated showdown between GOP leaders and bipartisan critics over implementation of HB 1645. If adopted by the Senate, the bill would alter several provisions related to a plaintiff’s ability to bring...more

Coffee and Cancer Warnings in California

by Lathrop Gage on

Thirty-two years ago, a major California newspaper urged Californians to vote “no” on a ballot initiative commonly referred to as “Prop 65,” which would require certain businesses to include warning labels on products that...more

Five Ways to Increase Negotiation Rates in Disbursements

by Epiq on

When sending a disbursement for a settlement in a class action, mass tort, or bankruptcy cases, parties often feel that control is now out of their hands and there is nothing more to do than wait for checks to be negotiated....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

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

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