Article Search Results (259)
Articles on toxic torts
Articles on toxic torts
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 | Exception to Pennsylvania's One-Disease Rule: Pre-1992 Asbestos Plaintiffs may File New Claims Sharon L. Caffrey, Karen Shichman Crawford; Duane Morris LLP; October 30, 2009, previously published on October 26, 2009 On October 21, 2009, the Pennsylvania Supreme Court issued an opinion in <i>Abrams v. Pneumo Abex Corp., et. al.,</i> following oral argument almost exactly one year ago. This decision creates a significant exception for plaintiffs who sued for a non-malignant asbestos-related injury... |
 | EPA Publishes New Research Strategy for Investigation of Nanomaterial Health & Environmental Risks Orlyn (Skip) Lockard; Alston & Bird LLP; October 16, 2009, previously published on October 5, 2009 The U.S. Environmental Protection Agency (EPA) released the final version of its new "Nanomaterial Research Strategy" (or "report") on Tuesday, September 29, 2009. The report, previously released in draft form in June 2009, details EPA's overall strategy for investigating the... |
| The Sixth Court Expands the use of Differential Diagnosis Roetzel & Andress, A Legal Professional Association; September 17, 2009, previously published on August 2009 The Sixth Circuit has long been a proponent of differential diagnosis for the establishment of specific causation in toxic tort cases. It recently expanded the application of differential diagnosis to establish general causation in these cases. In doing so, the Sixth Circuit struck an injurious... |
| U.S. District Court in Dayton Issues Ohio's First Decision Applying the Supreme Court's May 2009 Ruling in Burlington Northern Stephen N. Haughey; Frost Brown Todd LLC; September 14, 2009, previously published on September 4, 2009 CERCLA practitioners in Ohio who were expecting the U.S. Supreme Court's decision in Burlington Northern to effect a sea change in how our federal courts apply "arranger liability" to the sale of a used but useful product were dealt a blow Tuesday when Judge Walter Rice ruled in the... |
| New Jersey Federal Court Rules Costs Spent To Obtain a "No Further Action" Letter Are Not Recoverable Cleanup Costs Cindy J. Karlson, Elizabeth C. Barton; Day Pitney LLP; September 10, 2009, previously published on Septmeber 4, 2009 On August 13, 2009, the federal district court in New Jersey dismissed a site owner's claim against an abutting property owner, seeking to recover costs under federal Superfund. In Champion Laboratories Inc. v. Metex Corp., D.N.J., No. 02-5284, 2009 U.S. Dist. LEXIS 71200 August 13, 2009, the court... |
| Insured Finds Coverage for Sick Building Claims L. D. Simmons; McGuireWoods LLP; September 8, 2009, previously published on Septmenber 4, 2009 The First Circuit recently ruled in favor of a policyholder in a case arising from the release of fumes from carpet tile and related materials throughout the insured's building. This case has significant favorable implications for insureds seeking coverage for construction defect claims both in... |
| Challenge to Proposition 65 Proposed Labor Code Listings Peter L. de la Cruz; Keller and Heckman LLP; September 4, 2009, previously published on September 3, 2009 On July 12, 2009, the California Environmental Protection Agency's Office of Environmental Health Hazard Assessment (OEHHA) proposed listing 12 substances, including styrene and vinyl acetate monomer, under the Labor Code mechanism of the Safe Drinking Water and Toxic Enforcement Act of 1986,... |
| Wisconsin Supreme Court Renders Landmark Decision on the Availability of Insurance Coverage for Long-Term Toxic Exposure Cases Craig T. Liljestrand, Thomas R. Schrimpf; Hinshaw & Culbertson LLP; August 19, 2009, previously published on August 3, 2009 The Wisconsin Supreme Court recently rendered a decision that will have a significant impact on the availability and amount of insurance coverage afforded to policyholders in long-term toxic exposure cases, such as asbestos personal injury claims. The Court addressed the following three issues... |
| Washington Appeals Court Solidifies Law on No Duty to Warn for Another's Insulation Craig T. Liljestrand; Hinshaw & Culbertson LLP; August 19, 2009, previously published on August 6, 2009 A Washington appeals court recently admitted that it was mistaken when it ruled last year that a manufacturer of ship engines was liable for asbestos insulation that was made by another manufacturer. |
| Supreme Court Vacates FELA Verdict Due to Improper Jury Instructions Barry Levenstam; Jenner & Block LLP; August 19, 2009, previously published on June 2009 In CSX Transportation, Inc. v. Hensley, 129 S. Ct. 2139 (2009) the United States Supreme Court vacated a $5 million jury award issued by a Tennessee state trial court in favor of a railroad worker, and it remanded the matter for further proceedings. The Court held that the trial court had refused... |
