News & Analysis as of

Toxic Torts Products Liability Environmental

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

Update on San Francisco Asbestos Trial Dates and Settlement Conference Process

by Selman Breitman LLP on

Judge Lee Going Back To "In-Person" MSC System For Preference And "Five Year" Cases - Judge Lee, the presiding judge of the San Francisco Asbestos Department, has indicated that asbestos cases up against the five year...more

U.S. Environmental Protection Agency Office of Inspector General Project Notification: Evaluation of Importers' and Manufacturers'...

The United States Environmental Protection Agency (“EPA”) has issued an August 22nd Project Notification titled: Evaluation of Importers’ and Manufacturers’ Chemical Data Reporting Under the Toxic Substance Control...more

Update on San Francisco Asbestos Settlement Conferences

by Selman Breitman LLP on

Judge Lee Trying Out New Approach - Judge Lee, the presiding judge of the San Francisco Asbestos Department, has set forth a new Mandatory Settlement Conference (MSC) system for San Francisco asbestos cases. She stated...more

Chemicals, Compliance and the Toxic Substances Control Act

The Toxic Substances Control Act (TSCA) required the compiling of a national register of chemicals that were manufactured in or imported into the United States for a non-exempt commercial purpose, and the first TSCA Inventory...more

Regulatory Burdens On Retailers Continue to Evolve

by Snell & Wilmer on

In the run up to the Presidential Election, you may have missed some of the following regulatory developments that might impact your business....more

Environmental Litigation and Toxic Torts Update – Mountain West Coast Case Law Highlights

COLORADO CITY FRACKING BANS PREEMPTED BY STATE LAW - City of Longmont v. Colo. Oil and Gas Ass’n, 369 P.3d 573 (Colo. 2016), 2016 Colo. LEXIS 442; City of Fort Collins v. Colo. Oil and Gas Ass’n, 369 P.3d 586 (Colo....more

Toxic Tort & Product Liability Quarterly Vol. 9, No. 2, May 2016

by Beveridge & Diamond PC on

In a case that may make it easier to prove causation in Maryland lead paint cases, the Maryland Court of Appeals held that neither direct evidence of the source of lead nor expert testimony was necessary when a trier of fact...more

DuPont Wins Partial Summary Judgment in Drinking Water MDL

by Beveridge & Diamond PC on

An Ohio federal district court gave E.I. DuPont de Nemours and Co. a partial victory in litigation over ammonium perfluorooctanoate (“C-8”) drinking water contamination in Ohio and West Virginia by granting partial summary...more

California Federal Court Dismisses Medical Monitoring Claims for Lack of Plausible Cancer Risk

by Beveridge & Diamond PC on

In a significant victory for defendants facing toxic tort exposure claims, a California federal court dismissed a medical monitoring putative class action brought by drinkers of certain Pepsi products because Plaintiffs...more

Municipalities Lose First Round in Bid to Hold PCB Manufacturers Liable For Environmental Impacts

by Beveridge & Diamond PC on

Two Massachusetts municipalities are down but not out in their attempts to hold manufacturers of PCBs responsible for the environmental effects of PCB-containing products decades later. ...more

New Requirements for Proposition 65 Warnings Proposed

by King & Spalding on

On January 12, 2015, California’s Office of Environmental Health Hazard Assessment (OEHHA) proposed the first significant revisions to Proposition 65’s warning requirements since the 1980s. The updated regulations seek to...more

California Proposition 65 Warning Requirements for DINP Effective December 20, 2014

by Beveridge & Diamond PC on

On December 20, 2014, California’s Proposition 65 warning requirements for consumer, occupational, and environmental exposures to diisononyl phthalate (“DINP”) will take effect. ...more

Toxic Tort & Product Liability Quarterly Volume 7, Number 2

by Beveridge & Diamond PC on

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

California Environmental Law and Policy Update

by Allen Matkins on

Environmental and Policy Focus -- Court of Appeals upholds determination: Reuters - Mar 14 - The U.S. Ninth Circuit Court of Appeals yesterday rejected a challenge to a determination by the U.S. Fish & Wildlife Service...more

Manufacturers, Importers and Retailers Must Take Action Following DTSC Reveal of Priority Products

by Allen Matkins on

Once again, California is on the leading edge of environmental programs. An approaching April 1, 2014, deadline for publication of a “Priority Products List” under “Safer Consumer Products Regulations” that first went into...more

Insurance Recovery Law -- Apr 18, 2013

Ninth Circuit Narrows Insurers' Options in Pursuing Subrogation Claims Under CERCLA - Why it matters: The Ninth Circuit confirmed that Chubb could have maintained a subrogation action against potentially liable parties...more

CWP 4750 of 2013 [Hemant Goswami vs. Union of India]

PIL - Ban Identified Carcinogens

by Hemant Goswami on

The Writ petition is about the unrestricted commercial availability of many substances which are labelled as Group 1 (Class A) or Group 2A/2B Carcinogens (Sure-shot Cancer causing agents) by the WHO IARC (International Agency...more

Compliance Update: REACH, Q4 2011

by Stacey Bowers on

The latest enacted, amended, and revised REACH requirements; proposed REACH requirements; and REACH enforcement actions in Q4 2011. Includes proposed amendments and new restrictions on lead and mercury; recommendations on...more

An Environmental Alert: Recent Environmental Case Counsels Caution In Sale of Hazardous Scrap or Waste Materials

by Polsinelli on

Section 107(a)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) makes a party that "arranged for disposal" of hazardous substances liable for the cost to cleanup a contaminated...more

TCE Revisited: U.S. EPA Releases Long-Awaited Toxicity Reassessment of Trichloroethylene with Potentially Vast Implications on...

by Morrison & Foerster LLP on

In a move with potentially far-reaching implications, on September 28, 2011, the U.S. Environmental Protection Agency (EPA) issued its long-awaited final health assessment for trichloroethylene (TCE). The Assessment follows...more

Atlantic Richfield Company, et al v. County of Santa Clara, et al

Amicus Curiae Brief Supporting Petition for Certiorari in United States Supreme Court

by Richard Faulk on

The Brief urges review of the California Supreme Court's ruling allowing public authorities to use contingent fee counsel to prosecute public nuisance cases. It asserts that granting private counsel financial interests in...more

Trending Away from Medical Monitoring?

by Rudy Perrino on

In conclusion, the law applicable to claims for medical monitoring has developed substantially since the first case of Friends For All Children. While the trend over time has been to recognize their availability through...more

Insurance Coverage Denied for Designer of Thomas & Friends Toys

by Dave Scriven-Young on

Article on 7th Circuit opinion denying insurance coverage for the designer of the "Thomas & Friends" toys. This article was written by Dave Scriven-Young, an attorney with Peckar & Abramson, PC, and was originally...more

Gadolinium Litigation

NSF: The Man-Made Disease, The Litigation Swell And The Lives Lost

by Jason Ochs on

Read the background on the disease, nephrogenic systemic fibrosis, gadolinium-based contrast agents and the renally impaired and the enormous litigation swell that has surfaced as a result. ...more

Understanding Toxic Torts - E-Newsletter January 18, 2010

by Howard Ankin on

Understanding Toxic Torts The number of toxic tort cases has increased dramatically over the last thirty years, as a result of rising awareness of and activism over injuries caused by environmental pollutants and...more

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