News & Analysis as of

Asbestos Hazardous Substances

Goldberg Segalla

EPA Settles with Pennsylvania Schools Over Alleged Asbestos Violations

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The Environmental Protection Agency announced May 6 it had reached a settlement with Scranton, Pa. schools regarding alleged asbestos violations. The EPA alleged the school district had failed “to include all required...more

Husch Blackwell LLP

The EPA is Reviewing Its 2024 Ban of Chrysotile Asbestos

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On March 18th, 2024, the U.S. Environmental Protection Agency’s ban of Chrysotile asbestos became the first rule to be finalized under the 2016 amendments to the nation’s chemical safety law, the Toxic Substances Control Act...more

Stikeman Elliott LLP

Asbestos: To Remove or Not to Remove – Is That the Question?

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The Alberta Court of King’s Bench provides clarification on both the interpretation and application of the Occupational Health and Safety Act regarding asbestos as well as the duties of landlords and tenants to carry out...more

Goldberg Segalla

EPA Requests Fifth Circuit to Uphold Asbestos-Ban Rule

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The U.S. Environmental Protection Agency filed a brief Feb. 7 with the Fifth U.S. Circuit Court of Appeals to uphold its prior rule banning chrysotile asbestos. The rule was issued by the EPA pursuant to relevant provisions...more

Marshall Dennehey

Asbestosis Takes the Stand: Raising Awareness of an Abnormally High Verdict for a Typically Low Value Case

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Key Points: Asbestosis claims are usually considered to be on the lower end of settlements for asbestos law cases. A verdict of $25 million was returned by a jury in Philadelphia, where the last asbestosis case verdict was...more

Hissey, Mulderig & Friend, PLLC

Asbestos Exposure Widespread at Oil and Gas Job Sites in Texas

Workers at asbestos job sites in the state of Texas may be at risk of developing mesothelioma, asbestos lung cancer, or other diseases as a result of asbestos exposure....more

Hissey, Mulderig & Friend, PLLC

Free Asbestos Testing for Union & Asbestos Workers

Exposure to airborne asbestos has been linked to an increased risk of several serious and debilitating diseases, including mesothelioma, asbestos lung cancer, and other types of cancer....more

Bergeson & Campbell, P.C.

EPA Issues Asbestos Part 2 Draft Risk Evaluation, Preliminarily Determines That Asbestos Poses Unreasonable Risk to Human Health

On April 16, 2024, the U.S. Environmental Protection Agency (EPA) announced the availability of and requested public comment on a draft document titled “Draft Risk Evaluation for Asbestos Part 2: Supplemental Evaluation...more

Bergeson & Campbell, P.C.

EPA Bans Ongoing Uses of Asbestos

On March 28, 2024, the U.S. Environmental Protection Agency (EPA) issued a final rule under the Toxic Substances Control Act (TSCA) to address to the extent necessary the unreasonable risk of injury to health presented by...more

Adler Pollock & Sheehan P.C.

Amendment of Federal Rule of Evidence 702 & Impact on Asbestos/Talc Litigation

Federal Rule of Evidence 702 - The admission of expert testimony in federal courts is governed by Rule 702 of the Federal Rules of Evidence. Effective December 1, 2023, Rule 702 was amended to clarify the “preponderance of...more

Maron Marvel

EPA Finalizes Ban on Ongoing Uses of Asbestos

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On March 18, 2024, the U.S. Environmental Protection Agency (EPA) announced a final rule to prohibit ongoing uses of chrysotile asbestos. Chrysotile asbestos, also known as “white asbestos,” has several current uses, such as...more

Troutman Pepper Locke

Massachusetts AG Sues Over Allegedly Mishandled Asbestos Debris From Decommissioned Power Station

Troutman Pepper Locke on

On February 14, Massachusetts Attorney General (AG) Andrea Joy Campbell filed a civil lawsuit against Holtec Decommissioning International LLC and its affiliate Holtec Pilgrim LLC (Holtec), alleging the improper handling of...more

(ACOEL) | American College of Environmental...

Asbestos, for the Rest of Us…

Whether you celebrated Festivus, Christmas or any real or recently manufactured holiday this past season, as a former upstate New Yorker my thoughts inevitably turn to snow. But sadly, after decades working in the hazardous...more

Ius Laboris

Occupational Asbestos Exposure: New Rules From the EU

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Asbestos is an extremely dangerous carcinogenic substance, which unfortunately is still present in some economic sectors. For this reason, the European Union has once again intervened with a Directive in November 2023, which...more

Hissey, Mulderig & Friend, PLLC

Asbestos Bankruptcy Trusts Offer Compensation to Victims of Exposure and Families

The link between asbestos exposure and an increased risk of diseases such as mesothelioma cancer, asbestos lung cancer, asbestosis, or other diseases was conclusively established in the 1970s. When this information was made...more

Adler Pollock & Sheehan P.C.

Asbestos Litigation – The New Frontier: Talc

Asbestos, a naturally occurring mineral, has been the subject of mass tort litigation for several decades. While recent trends show a steady reduction in the number of traditional asbestos claims, influx of claims alleging...more

Goldberg Segalla

ALCOA Denied Summary Judgment Where Question of Fact Exists

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Jurisdiction: Supreme Court of New York, New York County - This action was filed on behalf of decedent, Kenneth Last, alleging he was exposed to asbestos while working for general contractor, ALCOA Inc., n/k/a ARCONIC Inc.,...more

Goldberg Segalla

Defendant Denied Summary Judgment on Punitive Damages for Failure to Provide Case-Specific Support

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Jurisdiction: Supreme Court of New York, New York County - Plaintiff Kevin Burns filed an asbestos-related lawsuit against numerous defendants, including Burnham, testifying that while he worked as a plumber he was exposed...more

Frantz Ward LLP

Study Shows Decline Over Four Decades in the Number of Asbestos-induced Mesothelioma Diagnoses

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Litigation involving asbestos has extended over decades and has been at least one stated cause of many companies filing for bankruptcy protection. Currently, many complaints filed include allegations that exposure to asbestos...more

Goldberg Segalla

Defendant’s Attempt to Obtain Tissue Sample for Digestion Testing Denied

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Court: Supreme Court of New York, New York County - In this asbestos action, plaintiff Almando Rodney underwent a pleurectomy. Defendant Mercedez-Benz USA LLC (MBUSA) moved to seek an out-of-state subpoena in order to...more

Goldberg Segalla

Mid-Year Asbestos Filing Update for 2023

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On Thursday, KCIC posted their 2023 Mid-Year Asbestos Filings Update. This update is compiled using information collected through July 31. Here are some highlights from the update...more

Maron Marvel

Understanding Talc Litigation: Analyzing Trends and Implications for Exposure Claims

Maron Marvel on

For over a decade, talc litigation has been a staple of mass toxic tort practices around the country and persists today. For those who are unfamiliar, talc is a naturally occurring mineral rock mined from the Earth that can...more

Goldberg Segalla

Water Heater Manufacturer Denied Summary Judgment as Corporate Representative Affidavit Deemed Insufficient

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Court: Supreme Court of New York, New York County - In this asbestos action, decedent Christopher Yohe alleged exposure to asbestos from Bradford White water heaters while working as a plumber from the 1980s to the 2000s....more

Goldberg Segalla

Helicopter Engine Manufacturer’s Removal Based on Federal-Officer Jurisdiction Upheld

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Jurisdiction: United States District Court for the Eastern District of Missouri, Eastern Division - Decedent Gustave Sahm died from lung cancer allegedly caused by asbestos exposure from 1956 to 2020 during his service in...more

Goldberg Segalla

Talc Supplier’s Motion for Summary Judgment Denied as to Causation, Granted as to Punitive Damages

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Court: Supreme Court of New York, Erie County - In this asbestos matter, plaintiffs claimed that decedent, Jeffrey Campise, was exposed to asbestos through consumer talcum powder products. Plaintiffs filed suit against a...more

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