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Toxic Torts Updates

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Goldberg Segalla

NY Court Grants Defendant’s Motion for Summary Judgment Following Improper Service in Illinois Action

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Jurisdiction:  Supreme Court of New York, New York County - In a New York City asbestos action, defendant Tishman Liquidating Corporation moved for summary judgment to dismiss plaintiff’s complaint, arguing the plaintiff’s...more

Goldberg Segalla

Rhode Island Court Denies and Grants, in Part, Joint Defense Motion to Exclude Plaintiff’s Experts

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Court: Superior Court of Rhode Island, Providence - In this asbestos action, plaintiffs claim decedent, Bonnie J. Bonito, developed mesothelioma from exposure to asbestos from laundering her late ex-husband’s work clothing...more

Goldberg Segalla

Connecticut Jury Returns $15M Verdict against J&J in Talc Trial

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Court: Fairfield County, Connecticut Superior Court - A Connecticut jury on Tuesday awarded a $15 million dollar plaintiff’s verdict against Johnson & Johnson and several subsidiaries.  ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Cadmium/Lead/OSHA Enforcement: Janesville, Wisconsin Recycling Facility Cited for Alleged Violations

The Occupational Safety and Health Administration (“OSHA”) issued an October 9th news release addressing a Universal Recycling Technologies LLC (“URT”) facility. URT is stated to operate a recycling facility in Janesville,...more

Oberheiden P.C.

Allergan Breast Implant Lawsuits: 6 Things to Know

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Thousands of lawsuits have been filed against the Ireland-based medical device company Allergan for a unique type of blood cancer that has been linked to its textured breast implant. The U.S. Food and Drug Administration...more

Brownstein Hyatt Farber Schreck

EPA Finalizes National Recommended Aquatic Life Criteria and Benchmarks for Select PFAS

New discharge limits may be coming for certain Clean Water Act (“CWA”) National Pollutant Discharge Elimination System (“NPDES”) permits. In late September, EPA finalized national recommended water quality criteria for two of...more

Houston Harbaugh, P.C.

Pennsylvania Superior Court Holds That Employer’s Liability Exclusions May Not Bar Coverage For Asbestos Claims Of An Employee’s...

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Employer’s Liability Exclusions typically apply to claims for bodily injury to employees arising out of and in the course of their employment by the insured. But, to what extent might such exclusions apply to claims for...more

Pullman & Comley, LLC

Forever Chemicals Present Significant Challenges for Commercial Real Estate

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In recent years, PFAS — or “forever chemicals” — have emerged as a major topic of concern for landowners, business owners and environmental and real estate professionals as regulators focus more attention on the management...more

Goldberg Segalla

EPA Proposes Addition of More PFAS and PFAS Categories to Toxic Release Inventory

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As our blog has reported frequently, the Environmental Protection Agency announced an ambitious national strategy to address per- and polyfluoroalkyl substances (PFAS). Dubbed a “roadmap,” the EPA says it is centered on three...more

Goldberg Segalla

Caulking Manufacturer’s Motion for Summary Judgment on Causation Grounds Denied

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Court: Supreme Court of New York, New York County (NYCAL) - In this asbestos matter, decedent, Anna M. Buczynski, alleged exposure to asbestos from laundering the clothing of her former husband, Anthony Buczynski. From 1976...more

Goldberg Segalla

Boiler Manufacturer’s Motion for Partial Summary Judgment on Punitive Damages Claims Denied

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Court: Supreme Court of New York, New York County (NYCAL) - In this asbestos action, defendant Burnham LLC moved for partial summary judgment to dismiss plaintiffs’ punitive damages claim. Specifically, Burnham argued that...more

Goldberg Segalla

Plaintiff’s Causation Expert Must Identify Subjects of Talc Causation Studies

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Court: Supreme Court of the State of New York, Appellate Division, First Judicial Department - The Supreme Court of the State of New York, Appellate Division, First Judicial Department recently determined that a causation...more

Husch Blackwell LLP

Understanding the Proposed Amendments to California Proposition 65 From a Business Perspective

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California Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, has long been a significant regulatory framework for businesses operating within the state. Over the summer, the...more

Pillsbury - PFAS Observer

New Lawsuit Highlights PFAS Exposure for Fertilizer Manufacturers

A lawsuit filed earlier this year highlights potential PFAS liability exposure for fertilizer manufacturers, especially those that produce biosolid-based products. Five Texas farmers have sued Synagro Technologies, alleging...more

Marshall Dennehey

Commonwealth Court Affirms Denial of Claim Petition That Alleged Occupational Disease of Lead Toxicity

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Jerry Mercer v. Active Radiator MPN, Inc. (WCAB); No. 1326 C.D. 2023; filed June 3, 2024; Judge Fizzano Cannon - On August 24, 2018, the claimant advised the employer that he had sustained a work-related injury due to lead...more

Oberheiden P.C.

A Guidebook for AFFF Lawsuits

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Thousands of AFFF firefighting foam lawsuits have been filed against the chemical manufacturers behind aqueous film forming foam (AFFF), a common type of firefighting foam that is often used for gasoline and fuel fires. This...more

ArentFox Schiff

PFAS Litigation Update: Edgewell Sued for Failing to Warn of PFOA in its Menstrual Liners

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On September 30, Edgewell Personal Care Brands LLC was hit with a lawsuit in California superior court concerning its Carefree brand of menstrual liners. The plaintiff, an environmental group called Ecological Alliance, LLC,...more

Goldberg Segalla

Defendants’ Motion to Dismiss Based upon Statute of Limitations Denied

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Jurisdiction: Supreme Court of New York, New York County - On July 22, 2021, plaintiffs filed a complaint alleging asbestos exposure. Plaintiffs’ complaint specifically claims that asbestos exposure caused plaintiff Victoria...more

MG+M The Law Firm

EPA Takes Bold Step to Enhance Public Access to PFAS Data

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On October 2, 2024, the US Environmental Protection Agency (EPA) announced a groundbreaking proposal aimed at combating the pervasive threat of per- and polyfluoroalkyl substances (PFAS), commonly known as “forever...more

Davis Wright Tremaine LLP

PFAS Alert! Product Manufacturers and Importers Required To Report Products That Contain PFAS by January 2026

In September 2024, the Environmental Protection Agency ("EPA") announced an extension to the reporting period for its new Per- and Polyfluoroalkyl Substances ("PFAS") reporting and recordkeeping requirements under the Toxic...more

Mitchell, Williams, Selig, Gates & Woodyard,...

2024 Final Recommended Aquatic Life Criteria Benchmarks for Select PFAS: U.S. Environmental Protection Agency Rulemaking

The United States Environmental Protection Agency (“EPA”) published a final national recommended aquatic life criteria for PFOA in freshwater. PFOA belongs to the per-and polyfluorinated substances (“PFAS”) chemicals...more

Pillsbury - PFAS Observer

EPA Issues Proposed Rule Adding New PFAS to the Toxics Release Inventory (TRI)

On October 1, 2024, the U.S. Environmental Protection Agency (EPA) proposed to add 16 individual per- and polyfluoroalkyl substances (PFAS) as well as 15 PFAS categories, representing over 100 PFAS to the Toxics Release...more

Pillsbury - PFAS Observer

EPA Gathering Information for Another Possible TSCA Section 6 Rulemaking

On September 30, 2024, the U.S. Environmental Protection Agency (EPA) issued a notice seeking comment on the manufacture of certain per- and polyfluoroalkyl substances (PFAS) during the fluorination of high-density...more

Goldberg Segalla

Court Denies Plaintiff’s Attempt to Reinstate Prior Claim of Post 1969 Exposure

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U.S. District Court for the Eastern District of Louisiana - Plaintiff Robert Stephen Sentilles was diagnosed with mesothelioma in October 2020. He filed his suit asserting negligence and strict liability claims against...more

Amundsen Davis LLC

PFAS: Protecting Your Business From ‘Forever Chemical’ Litigation

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Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are a group of nearly 15,000 chemicals with heat, grease, oil, water, and stain resistant properties. They may be found in consumer products like food packaging, non-stick...more

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