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Documents on toxic torts
 

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HTMLWelding Rod Industry Scores another Big Defense Win on the Warnings Issue
Craig T. Liljestrand; Hinshaw & Culbertson LLP;
Legal Alert/Article
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.

 

HTMLSupreme Court Limits Strict Liability for Nonmanufacturing Suppliers of Defective Products
Timothy J. Coughlin, John R. Mitchell, Elizabeth B. Wright; Thompson Hine LLP;
Legal Alert/Article
December 13, 2008, previously published on November 20, 2008
On 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.

 

Adobe PDFWhy Wyeth Matters to the Pesticide Industry
Lawrence S. Ebner; McKenna Long & Aldridge LLP;
Legal Alert/Article
December 12, 2008, previously published on November 4, 2008
The "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).

 

Adobe PDFChina's RoHS: An Overview of the Requirements
Katea M. Ravega, Rachel A. Schneider; Quarles & Brady LLP;
Legal Alert/Article
December 9, 2008, previously published by ENRLS (the Environmental and Natural Resources Law Section of the Arizona State Bar Association) on November 2008
Consumer 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.

 

Adobe PDFEPA Takes First-Ever Regulatory Actions Aimed at Potential Nanomaterial Risks
Matthew M. Hoffman, Elizabeth Mason, Rachel Simonoff Wexler; Goodwin Procter LLP;
Legal Alert/Article
December 1, 2008, previously published on November 6, 2008
The 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.

 

Adobe PDFOhio 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;
Legal Alert/Article
November 4, 2008, previously published on October 2008
On 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.

 

Adobe PDFOhio Supreme Court Rules That 2004 Asbestos Reform Applies Retroactively
William P. Shelley, Joseph A. Arnold; Cozen O'Connor, A Professional Corporation;
Legal Alert/Article
November 4, 2008, previously published on October 20, 2008
n 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,...

 

Adobe PDFMississippi Affirms JNOV Due to Inadequate Expert Testimony for Plaintiff
Barry Levenstam; Jenner & Block LLP;
Legal Alert/Article
October 28, 2008, previously published on September 2008
In 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...

 

HTMLCourt 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.;
Legal Alert/Article
October 25, 2008, previously published on October 2008
In 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...

 

HTMLPhiladelphia Common Pleas Court Bars Expert Testimony in Toxic Tort Actions
Sharon L. Caffrey; Duane Morris LLP;
Legal Alert/Article
October 24, 2008, previously published on October 7, 2008
In 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.

 


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