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Documents on toxic torts
 

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Adobe PDFOhio Supreme Court Upholds Caps on Noneconomic and Punitive Damages
Roetzel & Andress, A Legal Professional Association;
Legal Alert/Article
May 15, 2008, previously published on January 2008
The Ohio Supreme Court has upheld the constitutionality of the statutory caps on noneconomic (i.e., pain and suffering) and punitive damages enacted as part of Senate Bill 80's comprehensive tort reform. The decision was issued on December 27, 2007, in Arbino v. Johnson & Johnson, Slip Opinion...

 

Adobe PDFBisphenol A Regulations Creating Concern
Ronald B. Lee, Aaron E. McQueen; Roetzel & Andress, [incorporation phrase format]A Legal Professional Association;
Legal Alert/Article
May 15, 2008, previously published on April 2008
On April 18, 2008, the Canadian Minister of Health and the Canadian Minister of the Environment announced Canada would complete a risk assessment of bisphenol A (BPA). This action followed an unsuccessful attempt in 2006, by the city of San Francisco, to ban the sale of products containing BPA...

 

Adobe PDFOhio Upholds Statute of Repose But Bars Retroactive Application
Barry Levenstam; Jenner & Block LLP;
Legal Alert/Article
May 9, 2008, previously published on March 2008
In Groch v. General Motors Corp., No. 2006-1914, 2008 WL 482845 (Ohio Feb. 21, 2008), the Ohio Supreme Court responded to a question certified to it concerning the statute of repose provision of the Ohio tort reform law.

 

HTMLHorizon Issues: Energy -- Natural Disaster Litigation
Huddleston Bolen LLP;
Legal Alert/Article
May 1, 2008, previously published by LexisNexis® Martindale-Hubbell® Counsel to Counsel Magazine on May 2008
The plaintiff's bar increasingly targets energy companies for mass tort litigation alleging that industry activities caused natural disasters. Hurricane Katrina was the focal point of several publicized cases.

 

Adobe PDFCounsel to Counsel Magazine -- May 2008 Complete Issue

Legal Alert/Article
April 29, 2008
President's Letter: These are difficult times for many companies, but such times usually call the legal function to the fore. It's clear that the current economic slowdown has put real strain on corporations. The cash crunch has tightened business lending and made restructuring a more...

 

Adobe PDFExposure Assessment in Personal Injury Litigation: Challenging the Data
Junius C. McElveen, Robin L. Juni; Jones Day;
Legal Alert/Article
April 8, 2008, previously published on Spring 2008
In federal cases, under Federal Rule of Evidence 702, Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), and its progeny, exposure must be proven-through expert testimony-with the same degree of reliability and "fit" as causation. State courts have reached the same...

 

Adobe PDFItaly's New Class-Action Law
Vittorio Scognamiglio, Alessandro Massimelli, Giulio Zampini; Jones Day;
Legal Alert/Article
April 8, 2008, previously published on March 2008
On December 21, 2007, the Italian Parliament passed the Budget Law 2008, which finally introduced into the Consumer Code a specific statutory provision (Article 140-bis) giving certain associations the capacity to sue collectively for tort liability, unfair trade practice, and anti-competitive...

 

HTMLSupreme Court Strengthens Preemption Defense for Medical Device Litigation
McGuireWoods LLP;
Legal Alert/Article
March 31, 2008, previously published on February 21, 2008
Yesterday the United States Supreme Court dealt a significant blow to the Plaintiffs' Bar's ability to pursue tort claims involving medical devices cleared by pre-market approval ("PMA") application. In an 8 to 1 opinion authored by Justice Scalia, the Court handed down their first...

 

HTMLSecond Circuit Decision Affects COGSA Liability for Shipment of Dangerous Cargo
Blank Rome LLP;
Legal Alert/Article
March 18, 2008, previously published on March 2008
On March 3, 2008, the United States Court of Appeals for the Second Circuit in In re M/V DG HARMONY, issued an important decision which clarifies the standard used to determine the liability of shippers and carriers transporting hazardous cargo under the Carriage of Goods by Sea Act...

 

Adobe PDFConnecticut Supreme Court Reverses Summary Judgment On "Common Cause" Provision In Reinsurance Treaties
Hunton & Williams LLP;
Legal Alert/Article
March 11, 2008, previously published on January 2008
In a dispute between a cedent and its reinsurers, the Connecticut Supreme Court has reversed summary judgment in favor of the reinsurers, holding that fact issues exist as to whether a "common cause" provision in excess of loss treaties permit aggregation of asbestos-related losses for...

 


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