Lead Exposure Claims: Proactive Strategies for Effective Resolution
2BInformed: The Future of Fluoride in Drinking Water, the New TSCA Fees Rule, and the Drinking Water Contaminant Candidate List 5
DynCorp's 'Strategic' Defense In Drug Crop Spraying Suit
Jurisdiction: Superior Court of Connecticut, Judicial District of Bridgeport at Bridgeport Decedent Nicolas Barone was diagnosed with mesothelioma in May 2022. His surviving spouse, Kathryn Barone (plaintiff)brought suit in...more
With the election of Donald Trump, the implementation of the Toxic Substances Control Act (TSCA) in 2025 will differ significantly from the pre-election expectations. Here are our projections on the likely developments in the...more
On November 19, 2024, FDA issued a request for information (RFI) on per-and polyfluoroalkyl substances (PFAS) in seafood. Specifically, the agency is seeking scientific data and information from the seafood industry and other...more
Our Environment, Land Use & Natural Resources Group discusses the California Office of Environmental Health Hazard Assessment’s addition of bisphenol S (BPS) to the Proposition 65 list of reproductive toxicants....more
Per- and poly-fluoroalkyl substances ("PFAS") represent major exposures to insurers and their policyholders. Thousands of lawsuits are pending nationwide, and numerous large settlements have already been reached. Insurers are...more
Court: Connecticut Superior Court – Fairfield at Bridgeport County - In this asbestos action, Plaintiffs Evan Plotkin and Martha Barry-Plotkin filed suit claiming Mr. Plotkin had asbestos exposure from, among other things,...more
There has been a significant uptick in class action litigation related to sustainability claims, which will only increase after bans in California and New York on forever chemicals in apparel go into effect January 1, 2025....more
As Nobel laureate Richard Feynman once observed, “[w]isdom is knowing when to ask the right questions.” A related proposition is that wise jurists know how to identify and focus on the right questions. Motion practice can...more
We wish to inform our clients of important upcoming regulatory changes in California and New York regarding the sale and distribution of textile products and apparel containing per- and polyfluoroalkyl substances (PFAS)....more
In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, the EPA delays PFAS reporting, a compostable case won’t degrade, and Illinois keeps an...more
Wildfires in Brazil have been a recurring and worrying phenomenon since 2022, with devastating impacts. The fires have impacted the environment, biodiversity, farming, cattle ranching, and human health as a whole,...more
Court: Court of Appeal of California, First Appellate District, Division Two - Plaintiff Steven Watts filed a lawsuit in the Superior Court of Alameda County, California naming 36 defendants who were alleged to have...more
Section 6 of the Toxic Substances Control Act (TSCA) requires an assessment of unreasonable risk to “potentially exposed or susceptible subpopulations” (PESS) in high-priority substance risk evaluations. Wiley is partnering...more
Employer’s Liability Exclusions typically apply to claims for bodily injury to employees arising out of and in the course of their employment by the insured. But, to what extent might such exclusions apply to claims for...more
In recent years, PFAS — or “forever chemicals” — have emerged as a major topic of concern for landowners, business owners and environmental and real estate professionals as regulators focus more attention on the management...more
A recent uptick in Proposition 65 notices of violation have targeted California restaurants. These notices are issued from a particular private enforcer (or bounty hunter), but such trends often prompt others to follow suit....more
On September 30, 2024, the U.S. Environmental Protection Agency (EPA) requested public comment on the manufacture of certain per- and polyfluoroalkyl substances (PFAS), including perfluorooctanoic acid (PFOA),...more
Court: Supreme Court of the State of New York, Appellate Division, First Judicial Department - The Supreme Court of the State of New York, Appellate Division, First Judicial Department recently determined that a causation...more
Jerry Mercer v. Active Radiator MPN, Inc. (WCAB); No. 1326 C.D. 2023; filed June 3, 2024; Judge Fizzano Cannon - On August 24, 2018, the claimant advised the employer that he had sustained a work-related injury due to lead...more
Thousands of AFFF firefighting foam lawsuits have been filed against the chemical manufacturers behind aqueous film forming foam (AFFF), a common type of firefighting foam that is often used for gasoline and fuel fires. This...more
What consumers can do to reduce environmental health threats all around us - It’s a paradox of modern life: We want more and more stuff, and we want to get all of it faster, cheaper, more conveniently. And yet, does our...more
Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are a group of nearly 15,000 chemicals with heat, grease, oil, water, and stain resistant properties. They may be found in consumer products like food packaging, non-stick...more
PFAS laws will significantly impact the fashion industry come 2025. New York and California have each passed legislation that will regulate the use—and eventual phaseout—of PFAS in apparel and other textiles....more
Southern District Holds Insured Not Entitled To Judgment On Pleadings As To Duty To Defend Because Extrinsic Evidence May Show Duty Is Terminated- Color Techniques, Inc. (CTI) sold ingredients used in cosmetic formulations...more
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