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Documents on toxic torts
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|New Jersey Appellate Division Upholds $30.3 Million Verdict In Mesothelioma Asbestos-Exposure Case|
Michael E. Hrinewski, Adam M. Smith; Coughlin Duffy LLP;
April 29, 2010, previously published on April 8, 2010On April 5, 2010, the New Jersey Appellate Division upheld the state’s largest mesothelioma asbestosexposure award in the case of Buttitta v. Allied Signal, Docket No. A-5263-07. The decision affirmed a February 2008 jury verdict in the amount of $30.3 Million. Among other things, the opinion...
|USEPA Toxic Release Inventory Additions|
Vorys, Sater, Seymour and Pease LLP;
April 29, 2010, previously published on April 20, 2010The U.S. EPA has proposed adding the following sixteen additional chemicals to the Toxics Release Inventory of reportable chemicals.
|$30.3 Million Jury Award in Secondhand Asbestos Lawsuit Upheld on Appeal|
Edwards Angell Palmer & Dodge LLP;
April 26, 2010, previously published on April 15, 2010We first reported on this secondhand exposure lawsuit here. In February 2008, a New Jersey jury awarded $30.3 million to the family of Mark Buttitta, who died from mesothelioma. The Buttitta family argued that he was exposed to asbestos while working summers at an auto parts warehouse and at home...
|Before and After Kingston: A Coal Ash Litigation Update|
J. David Brittingham, Thomas P. Doyle; Dinsmore & Shohl LLP;
April 26, 2010, previously published on April 13, 2010The December 2008 breach of a coal ash impoundment at the Tennessee Valley Authority's facility in Kingston, Tennessee resulted in the spill of over 5 million cubic yards of coal ash into adjacent waterways and properties. As a consequence, the regulation and storage of coal ash has garnered...
|Vapor Intrusion - A Fast Growing Public Health Problem|
Stephen G. Schwarz; Faraci Lange, LLP;
April 21, 2010In recent years, the danger of vapor intrusion is finally getting the attention it deserves from regulators and legislators across the country. One of the largest vapor intrusion sites discovered to date is in Endicott, New York. A plume of TCE and other VOCs are contaminating the air in hundreds...
|NJ Appellate Court Upholds $30 Million Award: Is a New Mesothelioma Exception to Traditional Causation Analysis Emerging?|
David A. Oliver; Vorys, Sater, Seymour and Pease LLP;
April 21, 2010, previously published on April 5, 2010In Buttitta v. Borg-Warner, et al a New Jersey appellate court appears to embrace the scientifically indefensible "no safe level" risk/causation conflation in upholding a huge award to a plaintiff with a lower asbestos burden than an average American; likely all of whom are exposed to...
|Advances in Human Genome Mapping Will Help Victims of Toxic Chemical Exposure|
Stephen G. Schwarz; Faraci Lange, LLP;
April 21, 2010Recent advances in biomedical technology are now providing new tools that will help to scientifically establish a causal link between toxic chemical exposure and the development of cancer. This technology should considerably level the playing field and help victims of toxic exposures.
|Cadmium Products Now in Crosshairs of Federal and State Legislators|
Sharon L. Caffrey, Karen Shichman Crawford, Robert B. Hopkins, Andrew E. Mishkin, Paul S. Rosenlund; Duane Morris LLP;
April 21, 2010, previously published on April 9, 2010With lead banned in children's products by the Consumer Product Safety Improvement Act of 2008 (CPSIA), many American politicians, regulators and consumer groups are now calling for a ban on cadmium, another toxic metal that has been used in consumer products. Cadmium is a soft, bluish-white,...
|Countering Injunctive-Relief Classes: The Cohesiveness Requirement|
Andrew J. Trask; McGuireWoods LLP;
April 14, 2010, previously published on April 6, 2010When faced with a complex factual issue, where it would be difficult to certify under Rule 23(b)(3) (because individual issues of causation or liability clearly predominate over common issues), plaintiffs will sometimes seek injunctive relief under Rule 23(b)(2) instead. From a rhetorical...
|U.S. Chemical Regulation-Update of State Initiatives|
Heather L. Demirjian, Margaret Anne Hill; Blank Rome LLP;
April 13, 2010, previously published on March 2010Against the backdrop of efforts by Congress to reform the Toxic Substances Control Act of 1976 (“TSCA”), 15 U.S.C. § 2601 et seq., states like California, Washington and Maine have moved forward with the adoption of “Green Chemistry” laws. The laws will have...