News & Analysis as of

Toxic Exposure

Phelps Dunbar

Texas Court Could Limit Risk by Defining Exposure Trigger for Long-Tail Claims

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The Northern District of Texas recently issued a pivotal decision for long-tail injury cases. It clarified that under Texas law, excess liability coverage for long-tail injury claims can center on an exposure trigger theory....more

Perkins Coie

Washington Supreme Court Lowers Bar for Employee Lawsuits Over Latent Occupational Diseases

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Key Takeaways - - The Washington Supreme Court has relaxed the evidentiary burden for employees seeking to bypass the workers’ compensation tort immunity that typically protects Washington employers. - Employees may now...more

MG+M The Law Firm

PCBs and Precedent: What the Monsanto Settlement Means for Future Toxic Torts - (UPDATED)

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Monsanto has recently settled with families who claimed they were exposed to polychlorinated biphenyls (PCBs) at a school near Seattle, ending what had become one of the most closely watched toxic tort cases in recent memory....more

Mayer Brown

Heavy Metals in Rice Class Action Raises Increasing Risks for Retailers and Distributors

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A recently filed class action lawsuit in the US District Court for the Western District of Washington underscores growing legal risks for retailers and distributors of rice products in the United States. Plaintiffs in Wright...more

Goldberg Segalla

Summary Judgment Granted in Favor of Pipe Fitting Defendant

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Court: United States Court for the Middle District of North Carolina - In this asbestos action, plaintiff Linwood W. Pierce alleged he was exposed to asbestos throughout his career as a welder and pipefitter from the...more

Husch Blackwell LLP

Oklahoma Legislature Creates Two New Specialty Courts

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Oklahoma has now joined many other states creating specialty business courts to handle complex business litigation. Senate Bill 632 creates two new specialized business courts, which will be located in Oklahoma County and...more

BCLP

IARC Classifies Automotive Gasoline as Carcinogenic to Humans

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The International Agency for Research on Cancer (IARC)—a branch of the World Health Organization mandated to investigate potential causes of cancer—conducts its own hazard evaluations of suspected carcinogens and publishes...more

Troutman Pepper Locke

Texas AG Spurs National Reform for General Mills

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Texas Attorney General (AG) Ken Paxton announced that General Mills has agreed to remove petroleum-based artificial dyes from its cereals and school food products throughout the U.S. by summer 2026, and from its entire U.S....more

Gordon Rees Scully Mansukhani

Illinois Senate Bill 328: Expansion of General Jurisdiction Over Foreign “Out-of-State” Corporations in Toxic Tort Cases

On May 31, 2025, the Illinois General Assembly passed Senate Bill 328 (SB 328), which introduces a targeted expansion of general personal jurisdiction in Illinois civil litigation. The bill amends Section 2-209 of the...more

Jones Day

EPA Proposes Repeal of 2024 Mercury and Air Toxics Standards Amendments

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On June 11, 2025, the U.S. Environmental Protection Agency ("EPA") announced a proposed rule to repeal key amendments to the 2024 Mercury and Air Toxics Standards ("MATS") for coal- and oil-fired electric utility steam...more

DLA Piper

Out-of-State Companies Face Increased Litigation Risk Under Illinois's Proposed Jurisdictional Law

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Illinois is known for large verdicts in toxic tort cases, and the state has become a prime venue for forum shopping by plaintiffs’ attorneys. Illinois Senate Bill 328, if signed into law, will make it easier for plaintiffs to...more

Goldberg Segalla

Plaintiffs Win Appeal Regarding Ambiguous Language In Insurance Policy On Bodily Injury

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Jurisdiction: Court of Appeal of Louisiana, Fourth Circuit - Mr. May died from Mesothelioma and the plaintiffs filed a wrongful death and survival action alleging the decedent was exposed to asbestos while working as a...more

Goldberg Segalla

Manufacturer’s Motion for Summary Judgment on Personal Jurisdiction Denied

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Jurisdiction: Schenectady Supreme Court, New York - Defendant Fives Giddings & Lewis were sued in New York by plaintiff McCune, based on the allegation that their machinery exposed him to asbestos. Mr. McCune filed this...more

Hissey, Mulderig & Friend, PLLC

Benzene Exposure Victims May Be Eligible for Compensation

If you or a loved one were exposed to benzene at work and were diagnosed with cancers such as leukemia, myelodysplasia (MDS), lymphoma, or multiple myeloma, you may be entitled to file a lawsuit and receive financial...more

Goldberg Segalla

Defendant Contractor’s Summary Judgment Upheld on Appeal

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Jurisdiction: Court of Appeal of California, Second Appellate District, Division Six - Plaintiff Easterling brought this claim based on his diagnosis of lung cancer, which he attributes to asbestos exposure during his work as...more

MG+M The Law Firm

EPA Terminates Research Grants on PFAS Exposure and Reduction in Agriculture

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The Environmental Protection Agency (EPA) recently terminated over $15 million in grants for research aimed to reduce potential exposure to “forever chemicals,”, i.e., per and poly-fluoroalkyl substances (PFAS), from food to...more

Faegre Drinker Biddle & Reath LLP

Fifth Circuit Clouds Threshold Dose Analysis in Ruffin v. BP

Plaintiffs in toxic tort cases must prove both general and specific causation, generally through the testimony of experts. Experts must establish that a specific chemical exposure can (and did) cause the specific injury at...more

Kilpatrick

Toxic product cases: Northern District of Illinois rules that expert testimony is required to prove product defect

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Takeaway: We have discussed the pleading requirements that apply to cases alleging that products are toxic or otherwise contaminated with some sort of harmful substance or chemical. See Federal court dismisses false...more

Goldberg Segalla

Appellate Court Affirms Summary Judgment Ruling in Favor of Appellees

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Court: Appellate Court of Maryland - A Maryland appellate court has affirmed a lower court’s decision that granted summary judgment to the defense in a toxic substance exposure case....more

Goldberg Segalla

Washington Court Awards $16M Plaintiff Verdict after Default Judgment

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Court: Washington Superior Court, Pierce County - A Washington state court in April awarded $16 million to the estate of decedent Steven Korzerke after a default judgment was entered against defendant Asbestos Corp. LTD, a...more

Goldberg Segalla

Louisiana Jury Returns $3M Plaintiff Verdict in Talc Trial

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Jurisdiction: Civil District Court for the Parish of Orleans, State of Louisiana - A Louisiana Jury returned a plaintiff’s verdict May 7 after an eight-week trial against Johnson & Johnson and Pecos River Talc LLC....more

Morris James LLP

Recent Developments in Depo-Provera Litigation: Formation and Progress of Multidistrict Litigation (MDL)

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The legal landscape surrounding Depo-Provera, a long-acting injectable birth control, has entered a pivotal phase. With the growing number of lawsuits alleging that the drug caused serious brain tumors known as meningiomas,...more

Maron Marvel

Mass and Toxic Tort Case Update - Asbestos

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Maffei v. A.O. Smith Water Prods. Co. (In re N.Y.C. Asbestos Litigation), 2025 N.Y. Slip Op. 1425 (N.Y. App. Div. 2025) - Valuing asbestos cases can sometimes be complicated but on March 13th, 2025, the NY Appellate Court...more

Husch Blackwell LLP

A Check on Experts in the Talcum Powder World

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On February 7, 2025, Judge Walker, sitting in the United States District Court for the Eastern District of Virginia, ruled that the Plaintiff (a subsidiary of a parent company engaged in nationwide talcum powder litigation)...more

Goldberg Segalla

$18 Million Verdict Awarded in Asbestosis Case Following Trial against Manufacturer

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Jurisdiction: Broward County Circuit Court - A Florida jury on April 23 handed down an $18 million verdict in aperitoneal mesothelioma case brought by the law firm of Maune Raichle Hartley French & Mudd, LLC....more

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