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Documents on toxic torts
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|Welding Rod Industry Scores another Big Defense Win on the Warnings Issue|
Craig T. Liljestrand; Hinshaw & Culbertson LLP;
January 29, 2009, previously published on January 7, 2009 Three weeks after a Federal Multi-District Litigation jury in Cleveland, Ohio, began its deliberations, certain remaining welding rod manufacturers were all smiles when the jury delivered its decisive defense verdict.
|Supreme Court Limits Strict Liability for Nonmanufacturing Suppliers of Defective Products|
Timothy J. Coughlin, John R. Mitchell, Elizabeth B. Wright; Thompson Hine LLP;
December 13, 2008, previously published on November 20, 2008On October 22, 2008, the Ohio Supreme Court decided that nonmanufacturing suppliers of defective products cannot be held strictly liable for sales that occurred prior to 1977.
|Why Wyeth Matters to the Pesticide Industry|
Lawrence S. Ebner; McKenna Long & Aldridge LLP;
December 12, 2008, previously published on November 4, 2008The "FIFRA preemption defense" was enormously successful from the late 1980s until the Supreme Court's April 2005 decision in Bates v. Dow AgroSciences, 544 U.S. 431 (2005).
|China's RoHS: An Overview of the Requirements|
Katea M. Ravega, Rachel A. Schneider; Quarles & Brady LLP;
December 9, 2008, previously published by ENRLS (the Environmental and Natural Resources Law Section of the Arizona State Bar Association) on November 2008Consumer electronics and other products that contain potentially hazardous substances can pose a threat to public health and the environment when these products are discarded into the waste management stream.
|EPA Takes First-Ever Regulatory Actions Aimed at Potential Nanomaterial Risks|
Matthew M. Hoffman, Elizabeth Mason, Rachel Simonoff Wexler; Goodwin Procter LLP;
December 1, 2008, previously published on November 6, 2008The U.S. Environmental Protection Agency ("EPA") has taken its first clear steps to directly regulate the potential environmental, health and safety ("EHS") risks associated with the manufacture and use of nanomaterials.
|Ohio Supreme Court Finds Retroactivity of Statute Constitutional Results in Dismissals of Numerous Pending Asbestos-Related Claims|
Elizabeth B. Wright, Timothy J. Coughlin, John R. Mitchell; Thompson Hine LLP;
November 4, 2008, previously published on October 2008On October 15, 2008, the Ohio Supreme Court, in Ackison v. Anchor Packing Co., Slip Opinion No. 2008-Ohio-5243, issued an opinion that already has led to a significant reduction in the number of asbestos-related lawsuits pending in Ohio state courts.
|Ohio Supreme Court Rules That 2004 Asbestos Reform Applies Retroactively|
William P. Shelley, Joseph A. Arnold; Cozen O'Connor, A Professional Corporation;
November 4, 2008, previously published on October 20, 2008n October 15, 2008, the Ohio Supreme Court issued a highly anticipated decision holding that the retroactive application of H.B. 292, Ohio's 2004 groundbreaking asbestos reform legislation, does not violate the Ohio Constitution. Ackison v. Anchor Packing Co., Slip Op. No. 2008-Ohio-5243 (Oct. 15,...
|Mississippi Affirms JNOV Due to Inadequate Expert Testimony for Plaintiff|
Barry Levenstam; Jenner & Block LLP;
October 28, 2008, previously published on September 2008In Watts v. Radiator Specialty Co., No. 2006-CA-01128, 2008 WL 2372694 (Miss. June 12, 2008), the Mississippi Supreme Court affirmed a judgment notwithstanding the verdict granted by the trial court for defendant based on the inadequacy of plaintiff's expert testimony to support his claim that his...
|Court Rejects Medical Monitoring Class from Exposure to the Chemical PFOA|
Carolyn J. Buller, Mitchel B. Axler, Steven A. Lamb; Squire, Sanders & Dempsey L.L.P.;
October 25, 2008, previously published on October 2008In a nuanced and intelligently written opinion that gives new life to key defense arguments opposing class treatment of medical monitoring claims, a federal judge in West Virginia has rejected certification of a class of persons allegedly exposed to perfluorooctanoic acid (PFOA) in their drinking...
|Philadelphia Common Pleas Court Bars Expert Testimony in Toxic Tort Actions|
Sharon L. Caffrey; Duane Morris LLP;
October 24, 2008, previously published on October 7, 2008In a much anticipated ruling, the Philadelphia Court of Common Pleas barred plaintiffs' experts in three asbestos cases from offering testimony that "each and every exposure to asbestos" is a substantial contributing factor in asbestos-related toxic tort actions.