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Documents on toxic torts

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HTMLTooey Is Not Just A Bunch Of “Hooey”— Practical Tactics for Defending an Employer in The Realm of Toxic Tort Litigation
Christine P. Dower, Christopher N. Santoro; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 30, 2014, previously published on September 1, 2014
The Pennsylvania Supreme Court’s ruling in Tooey v. A.K. Steel Corp., 81 A.3d 851 (Pa. 2013) represents a significant shift in Pennsylvania law. In the wake of Tooey, new companies are being targeted and new theories of liability are being raised in toxic tort cases filed throughout the...


HTMLCalifornia's DTSC Releases Draft Priority Product Work Plan Under State's Green Chemistry Law
Nathan S. Cardon, Diana G. Graham, Sheila A. Millar, Jean-Cyril Walker; Keller and Heckman LLP;
Legal Alert/Article
September 24, 2014, previously published on September 17, 2014
The California Department of Toxic Substances Control (DTSC) has released a draft Priority Product Work Plan as part of its Green Chemistry law, identifying six product categories from which priority products will be selected over the next three years for priority product rulemaking. The Work Plan...


HTML3 Questions to Ask Your Mesothelioma Attorney
Katie Nealon; Brayton Purcell LLP;
Legal Alert/Article
September 23, 2014, previously published on September 22, 2014
If you have been diagnosed with an asbestos-related disease, you might be wondering what your legal options are as a patient. Many of those diagnosed with diseases like asbestosis and mesothelioma have been compensated for their medical bills, pain and suffering, and more with the help of attorneys...


HTMLOnce the Whistle Has Sounded: Courts Should Aggressively Enforce the False Claims Act's First-to-File Bar
J. Andrew Jackson, Ryan P. McGovern, Dennis Murashko, Stephen G. Sozio, Tina M. Tabacchi; Jones Day;
Legal Alert/Article
September 23, 2014, previously published on September 2014
The False Claims Act's ("FCA") first-to-file bar—31 U.S.C. 3730(b)(5)—encourages a race to the courthouse to reward a qui tam relator who promptly discloses fraud against the government. The rule creates an incentive for relators to promptly alert the government to the...


HTMLAboveground Storage Tank Act Interpretive Rule Filed
Mark D. Clark, M. Katherine Crockett; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
September 23, 2014, previously published on September 9, 2014
This morning, the West Virginia Department of Environmental Protection (“DEP”) filed a proposed interpretive rule (the “Interpretive Rule”) with the West Virginia Secretary of State’s office implementing, in part, the recent Aboveground Storage Tank Act (the “AST...


HTMLMesothelioma Inspiration: Never Say "Never"
Katie Nealon; Brayton Purcell LLP;
Legal Alert/Article
September 23, 2014, previously published on September 19, 2014
Heather Von St. James is one pleural mesothelioma survivor who inspires patients today to never say "never." Von St. James is an eight-year survivor who "continues to live with strong faith, abundant gratitude and an unbeatable will to live each day." After being given the...


HTMLCost Deferral and the Asbestos Industry
Brayton Purcell LLP;
Legal Alert/Article
September 22, 2014, previously published on September 16, 2014
In economics, the concept of cost deferral is important. If the economic cost of a transaction must be paid for up front, it may be less likely to occur. For instance, if you went to purchase a home here in California, and had to pay cash, you might have difficulty finding any affordable property....


HTMLAsbestos Company Accused of Destroying Evidence in Trial
Katie Nealon; Brayton Purcell LLP;
Legal Alert/Article
September 17, 2014, previously published on September 15, 2014
Recently, BASF Catalysts, LLC, the world's largest chemical maker, has been ordered to face claims that they and their lawyers fraudulently hid evidence to avoid asbestos personal injury lawsuits.


HTMLKentucky Coop Plans to Deactivate Coal Plant
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 16, 2014, previously published on September 11, 2014
East Kentucky Power Cooperative will continue deactivating its coal-fired Dale Station power plant with complete shutdown expected by April 2015. Subject to regulatory approval, ash waste from the site will be transported to an ash landfill. The plant will be placed in indefinite storage to comply...


HTML“Not Compensable” Does Not Always Mean “Not Covered”: Using Conflicts Law to Bar Civil Actions Arising From Injuries Subject to Another State’s Workers’ Compensation Statute
N. Drew Kemp; HeplerBroom LLC;
Legal Alert/Article
September 12, 2014, previously published on September 10, 2014
On June 27, 2014, the Appellate Court of Illinois, First District, held that a plaintiff’s common-law negligence action against her decedent’s employer was not barred by the exclusive remedy provision of Illinois’ workers’ compensation statutes[1] because her work comp claim...


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