News & Analysis as of

Toxic Exposure

Another Take On “Take-Home” Exposure In California: Foglia V. Moore Dry Dock Co.

by Husch Blackwell LLP on

A California appellate court recently upheld the trial court’s granting of summary judgment in a secondary exposure asbestos case where Plaintiffs could offer no admissible evidence that decedent’s father worked around...more

“Sue-Me State” Or “Show-Me State”: The Latest Push For Asbestos Exposure Tort Reform In Missouri

by Husch Blackwell LLP on

The stage is set for a heated showdown between GOP leaders and bipartisan critics over implementation of HB 1645. If adopted by the Senate, the bill would alter several provisions related to a plaintiff’s ability to bring...more

EPA’s OIG Investigates Enforcement of the Lead-Based Paint Renovation, Repair and Painting Rule

by Holland & Knight LLP on

On March 28, 2018, the Office of the Inspector General (OIG) of the U.S. Environmental Protection Agency (EPA) issued a Project Notification indicating its plans to begin preliminary research to evaluate the EPA’s...more

$37 Million Verdict in Talc Mesothelioma Lawsuit Underscores Potential Exposure for Talc Manufacturers and Retailers

by White and Williams LLP on

In a new phase of asbestos litigation, attorneys representing individuals who developed mesothelioma without any known industrial exposure to asbestos have set their sights on talcum powder manufacturers and talc mining...more

California Judge Rules Against the Coffee Industry in Notable Acrylamide Proposition 65 Case

by Hogan Lovells on

Food companies and retailers doing business in California should take note of the recent proposed statement of decision in the case challenging the coffee industry’s failure to warn of the presence of acrylamide in coffee...more

Implementation and Enforcement of the Lead-Based Paint Renovation, Repair and Painting Rule: March 28th Office of Inspector...

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a March 28th notification that it is beginning preliminary research to evaluate the federal agency’s implementation and...more

Asbestos Enforcement: Alabama Department of Environmental Management Issues Administrative Order to Marietta, Georgia Construction...

The Alabama Department of Environmental Management (“ADEM”) issued an Administrative Order (“AO”) to Cork-Howard Construction Company, Inc. (“CHCC”). See Administrative Order No.: 18- ____-AP. CHCC is described as a...more

Fifth Circuit Sets Bright Line Rule For Timing Requirement Under Federal Officer Removal Statute

by Husch Blackwell LLP on

In January 2018, a three-judge panel on the U.S. Court of Appeals for the Fifth Circuit vacated a district court’s remand of an asbestos case to state court for being untimely, based on a federal officer removal statute, 28...more

The Latest in the Prop. 65 World: Processed Meat; Lead and Cadmium in Chocolate; and Glyphosate in Herbicides

by Downey Brand LLP on

February was a busy month in the Proposition 65 world with two developments that may impact businesses that manufacture or sell processed meat or chocolate products. In addition, the United States District Court for the...more

Missouri Supreme Court Talc Decision Alters Landscape

by Polsinelli on

On March 6, the Missouri Supreme Court declined to review the intermediate appellate court’s decision in Fox v. Johnson & Johnson, which vacated a $72 million talc verdict awarded in St. Louis City Court. ...more

OSHA Considering Changes to Silica Rule

by Sherman & Howard L.L.C. on

OSHA may soon make it easier for employers to comply with the agency’s Respirable Crystalline Silica in Construction Standard. The standard, which OSHA announced in 2016 and began to fully enforce last fall, seeks to protect...more

At the Intersection of Pollution and Poverty, California Attorney General Establishes Bureau of Environmental Justice, and...

On February 22, 2018, California Attorney General Xavier Becerra announced that the Department of Justice is opening an environmental justice office within the Environment Section: the Bureau of Environmental Justice...more

Blog: Court of Appeal provides guidance on forseeability in mesothelioma claims

by Cooley LLP on

In Bussey v Anglia Heating ([2018] EWCA Civ.243, 22 February 2018), the Court of Appeal looked at asbestos exposure levels sufficient to found liability for causing mesothelioma. Mr Bussey had developed mesothelioma as a...more

Prop 65 Preliminary Injunction and “Fake News”

A recent Federal Court decision on the issue of whether to grant a preliminary injunction in the ongoing saga of the appropriateness of adding the pesticide Glyphosate to the CA Prop 65 list has become the grist for the “Fake...more

Aviation Happenings - Spring 2018 - Part A

...California District Court Dismisses Suit Against Airbus and Rolls Royce on Forum Non Conveniens Grounds - On December 11, the U.S. District Court for the Central District of California granted defendants Airbus S.A.S....more

Ninth Circuit Orders EPA to Update Standards for Lead-Based Paint and Dust Hazards

by Beveridge & Diamond PC on

The Environmental Protection Agency (EPA) must propose an update of its lead-based paint and dust hazard standards by March 27, 2018, according to a court order. The current standards were promulgated in 2001, and have never...more

An Analysis Of The Pennsylvania Fair Share Act And Its Application To Asbestos Litigation, In Light Of The Recent Ruling In...

by Husch Blackwell LLP on

In December, the Pennsylvania Superior Court ruled that the Fair Share Act applies to asbestos litigation, meaning that defendants are only responsible for the percent they are found liable. See Roverano v. John Crane, Inc.,...more

Is OSHA’s New Silica Rule Dust in the Wind? Likely Not. Court Rejects Several Challenges to the New Standard

by Fisher Phillips on

Nearly 2.3 million people in the United States work in jobs that expose them to silica. The Occupational Safety & Health Administration (OSHA) claims that more than 100,000 of those workers are engaged in “high risk jobs such...more

Hexavalent Chromium/OSHA Enforcement: Kansas Aircraft Manufacturer Alleged Violations

The Occupational Safety and Health Administration (“OSHA”) has cited Spirit Aerosystems, Inc. (“SAI”) for alleged violations involving hexavalent chromium....more

Toxic Tort Monitor – February 2018

by Husch Blackwell LLP on

New Developments - Which Came First: Subject Matter or Personal Jurisdiction? Two recent Eastern District of Missouri cases examined the same issue, yet the court reached opposite results. In Lewis v. Johnson & Johnson...more

The Ohio Supreme Court Rejects Cumulative Exposure as Sufficient to Establish Substantial Factor in Asbestos Cases

by Reminger Co., LPA on

Numerous cases have been filed in courts across the United States alleging that exposure to defendants' asbestos-containing products caused various diseases, including mesothelioma, a rare cancer primarily linked to asbestos...more

Igniting Awareness About Flammable Chemicals

by Howard Ankin on

According to the Occupational Safety & Health Administration (OSHA), flammable liquids and chemicals in the workplace increase the potential injury risks for workers. Flammable liquids are capable of igniting flash fires and...more

Su-PERFLUO-us? More Chemicals Added to Prop 65 List

by Lewitt Hackman on

Business owners manufacturing, buying, selling, or importing products in California already know about the state’s Prop 65 law. But do they also know every single chemical or substance that is on that list?...more

Best in Law: New Prop. 65 Warning Rules Hit Shopkeepers in August

by Best Best & Krieger LLP on

Since being adopted by voters in 1986, the Safe Drinking Water and Toxic Enforcement Act, commonly referred to as Proposition 65, has sought to preserve the health and safety of California residents. Originally published...more

Toxic Tort Monitor – January 2018

by Husch Blackwell LLP on

A Review of 2017 Personal Jurisdiction Decisions - In 2017, the U.S. Supreme Court in cases such as BNSF Railway Co. v. Tyrrell and Bristol-Myers Squibb Co. v. Superior Court of California continued the trend that began in...more

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