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Preemption › Toxic Exposure

Goldberg Segalla

Maritime Defendants’ Motions for Summary Judgment under Government Contractor Defense Denied

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Court: United States District Court for the Northern District of California - This asbestos-related lawsuit alleges that the decedent, Roberto Elorreaga, developed mesothelioma from exposure to asbestos-containing...more

Goldberg Segalla

Employer Defendant Successful on Summary Judgment, Except for Claims of Take-Home Exposure

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The plaintiff, Callen Cortez, was diagnosed with mesothelioma on June 2, 2020. On July 1, 2020, he filed an asbestos-related lawsuit against Avondale and approximately thirty-four other defendants, alleging that he contracted...more

Spilman Thomas & Battle, PLLC

Product Lines - Toxic Torts and Products Liability Insights: Issue 3, 2019

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Welcome to the third 2019 issue of Product Lines – our quarterly e-newsletter that focuses on toxic torts and products liability issues.... In This Edition: - Vitamin E Found in Cannabis-Containing Vape Products Linked...more

Spilman Thomas & Battle, PLLC

What’s That Smell? An Examination of Legal Developments Related to Formaldehyde Products

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Is that formaldehyde you smell in your newly floored sunroom? Hopefully, it is not. Formaldehyde is a colorless, flammable, strong-smelling chemical used in construction and household products, such as cabinets, furniture,...more

Beveridge & Diamond PC

Toxic Tort & Product Liability Quarterly Vol. 9, No. 4, December 2016

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DC High Court Adopts Daubert Approach to Expert Testimony - In a direct victory for mobile phone manufacturers and service providers, and with implications for any other case involving expert testimony in the District of...more

Stinson LLP

New York, New York: The Status of Regulation of Children's Products in the Empire State

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Recently, Albany County, New York enacted the “Toxic Free Toys Act” (the Act) prohibiting the sale of any children’s products in the county that contain certain heavy metals and chemicals. The Safe to Play Coalition (the...more

Stinson LLP

Federal Preemption of State and Local Laws Governing Children's Products

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In January 2015, Albany County became the first of several municipalities in New York to enact a version of the “Toxic Free Toys Act” ("the Act") prohibiting any amount of six heavy metals and benzene in children’s products...more

Mintz - Consumer Product Safety Viewpoints

Update: Albany County Legislature Amends Controversial Toxic Toys Law

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Last year, we wrote about a growing trend of local jurisdictions regulating children’s products, primarily toys and apparel. One such jurisdiction, Albany County, NY, enacted a far-reaching ordinance, “Local Law J of 2014,”...more

Beveridge & Diamond PC

Toxic Tort & Product Liability Quarterly Volume 7, Number 3

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PREEMPTION - Supreme Court Says CERCLA Does Not Preempt Repose Defense for Tort Claims - The U.S. Supreme Court has put to rest a longstanding legal question affecting the deadline for plaintiffs to bring toxic tort...more

Cozen O'Connor

Third Circuit Holds “Source State” Common Law Tort Claims Not Preempted by Federal Clean Air Act

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In an opinion filed on Tuesday, August 20, 2013, the U.S. Court of Appeals for the 3rd Circuit held that the federal Clean Air Act (CAA) does not preempt common law tort claims grounded in state law and brought against a...more

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