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Toxic Torts Labor & Employment

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

Ammonia/OSHA Enforcement: Penalties Proposed for Alleged Florida Electric Utility Violations

The Occupational Safety and Health Administration (“OSHA”) issued a November 17th news release stating it cited Tampa Electric Co. (“Tampa Electric”) for alleged violations at its Gibsonton, Florida facility related to a...more

Medical Waste/OSHA Enforcement: Missouri Podiatry Clinic Cited for Alleged Violations

The Occupational Safety and Health Administration (“OSHA”) cited Anderson Foot and Ankle Clinic (“AFAC”) for alleged violations of the hazard communication standard. AFAC is stated to be a Rolla, Missouri podiatry clinic....more

Construction Companies Can Be Liable for “Secondary Exposure” of Asbestos to Household Members

The history of asbestos regulation in the United States is complicated. Prior to the 1970s, asbestos-containing materials used in construction was widespread....more

New Jersey Extends “Take-Home” Toxic Tort Liability

by Beveridge & Diamond PC on

Expanding the scope of potential workplace-exposure liability, the New Jersey Supreme Court clarified that an employer may be liable for toxic exposures not just to the spouse of an employee, but potentially to people with...more

“Take-Home Toxins” Expand Duty of Care Imposed on Employers

A federal district court in Pennsylvania recently found that Accuratus Corporation (“Accuratus”), a ceramics manufacturer and supplier, could be liable under New Jersey law for chemical exposure injuries to the girlfriend and...more

Ohio Governor Kasich Signs into Law Presumption for Cancer Incurred During Work Activities

by Roetzel & Andress on

On January 4, 2017, Governor John Kasich signed the Michael Louis Palumbo, Jr., Act (The Act) into law, which provides a rebuttable presumption that a firefighter who is disabled due to certain cancers, contracted the same,...more

California Imposes Broad Liability in “Take-Home” Toxic Exposure Cases

by Wilson Elser on

The Supreme Court of California has overturned prior case law and imposed broad new liability on “employers and premises owners” in “take-home” toxic exposure cases. In a lengthy opinion issued in the consolidated Kesner v....more

California Supreme Court Imposes Broad Liability for Employers and Premises Owners in “Take-Home” Toxic Exposure Cases

by Wilson Elser on

The Supreme Court of California has overturned prior case law and imposed broad new liability on “employers and premises owners” in “take-home” toxic exposure cases. In a lengthy opinion issued in the consolidated Kesner v....more

The 2016 Judicial Hellholes Report Is Out!

by Seyfarth Shaw LLP on

Each year the American Tort Reform Association (“ATRA”) publishes its “Judicial Hellholes Report” and examines problems in state court systems and challenges for corporate defendants in the fair and unbiased administration of...more

Asbestos Alert: Employers and Land Owners Have Duty to Take-Home Exposure Plaintiffs

by Low, Ball & Lynch on

Kesner v. Pneumo Abex, LLC - Supreme Court of California (December 1, 2016) We first reported on this case on May 14, 2014, when the Court of Appeal ruled. The case was further appealed to the California Supreme...more

Class action lawsuits have arrived in Thailand

by DLA Piper on

At the end of last year, the civil procedure rules in Thailand were amended to allow class action litigation to be brought in Thailand for the first time. The first class action lawsuit in Thailand has since been brought...more

Worker entitled to asbestos records for government building he worked in, but not list of employees in building

by Dentons on

A worker was entitled to asbestos records for the government building he worked in. However, he was not entitled to a list of government employees who worked in the building and therefore who may have been exposed to...more

"Take-Home" Asbestos Case Decision Could have Ripple Effect

by Polsinelli on

Companies facing "take-home" asbestos or other toxic tort exposure claims in Arizona, or in other jurisdictions applying Arizona law, now have a new case to cite in dispositive motions. With the Sept. 20 Arizona Court of...more

Contractor loses lawsuit against city for alleged breaches of OHSA’s asbestos-disclosure rules

by Dentons on

A construction contractor has lost its bid for damages from a city, relying on a little-used section of the Ontario Occupational Health and Safety Act that permits contractors to sue a building owner for damages for failing...more

Injury resulting from exposure to asbestos does not exist separately to the injury of anxiety to workers of classified...

by Reed Smith on

This client alert is relevant for companies that are exposed to industrial risks in France, and addresses in particular the asbestos cases and the related injuries. It points out the fact that, following the judgment rendered...more

Illinois Supreme Court Narrows Ability for Employees to Sue for Alleged Occupational Diseases

by Polsinelli on

On November 4, 2015, in the case of Folta v. Ferro Engineering, 2015 Il 118070 (2015), the Illinois Supreme Court strengthened the exclusivity provision of the Illinois Workers' Compensation Act and Illinois Occupational...more

U.S. construction companies and manager face fines of nearly $2 million for exposing workers to asbestos

by Dentons on

The U.S. Occupational Safety and Health Administration (OHSA) has cited a construction company and its manager for asbestos-related violations and imposed fines of almost $2 million.  Safety regulators are increasingly taking...more

Hidden Costs of Common Beauty Treatments?

The “toxic trio” is a foreboding name some associate with common and seemingly innocuous manicures and pedicures. Salon workers suffer higher-than-average rates of birth defects, miscarriages, cancers, and skin afflictions...more

Pa. Toxic Tort Settlement Shows Potential Danger in Benzene Exposure Lawsuits

by Kelley Drye & Warren LLP on

A settlement recently reached between U.S. Steel Corp. and the widow of a Pennsylvania man allegedly exposed to benzene may fuel use of toxic tort lawsuits to sue over benzene exposures. ...more

Getting SSD benefits for asbestos exposure

by Howard Ankin on

Asbestos is a set of minerals that occur naturally in the form of fiber bundles. Today, asbestos is recognized as a health hazard and closely regulated. However, asbestos has been used in various products, and as Social...more

Additional Risk: Does Your Company Have Additional Insured Coverage for Claims by Contractors’ Employees?

by K&L Gates LLP on

One of the biggest risks oil and gas companies face is a blowout or other catastrophic event that causes serious injury or death. In the aftermath of such an event, companies often find themselves facing lawsuits by injured...more

California Court of Appeal Overturns Nonsuit Granted in Household Exposure Asbestos Case Where Trial Court’s Decision Was Based on...

by Wilson Elser on

On May 15, 2014, the First District Court of Appeal in California found that the trial court had erred in granting a nonsuit in favor of Pneumo Abex, LLC (Abex) in the asbestos personal injury action of Johnny Blaine Kesner,...more

Hercules and the Lernaean Hydra: The Hercules Removal Jurisprudence Sprouts Yet Another Head

by Baker Donelson on

In yet another twist in the tortured labors of the Hercules jurisprudence regarding removal of general maritime law claims under 28 U.S.C. §1441(a), the Eastern District of Louisiana has generated a new, divergent “head” on...more

New Prop 65 Warning Requirements on the Horizon?

by Morrison & Foerster LLP on

Proposition 65 warnings could soon become a much bigger burden for businesses. On Friday, March 7, the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) released a...more

NAHB Urges OSHA To Rescind Proposed Silica Rule

by Bilzin Sumberg on

We recently posted an article about whether silica exposure claims might emerge as the next toxic tort. A particular focus of that article was the Occupational Safety and Health Administration’s (OSHA) clearly increasing...more

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