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Documents on toxic torts
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|Ohio Supreme Court Upholds Caps on Noneconomic and Punitive Damages|
Roetzel & Andress, A Legal Professional Association;
May 15, 2008, previously published on January 2008The 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...
|Bisphenol A Regulations Creating Concern|
Ronald B. Lee, Aaron E. McQueen; Roetzel & Andress, [incorporation phrase format]A Legal Professional Association;
May 15, 2008, previously published on April 2008On 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...
|Ohio Upholds Statute of Repose But Bars Retroactive Application|
Barry Levenstam; Jenner & Block LLP;
May 9, 2008, previously published on March 2008In 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.
|Horizon Issues: Energy -- Natural Disaster Litigation|
Huddleston Bolen LLP;
May 1, 2008, previously published by LexisNexis® Martindale-Hubbell® Counsel to Counsel Magazine on May 2008The 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.
|Counsel to Counsel Magazine -- May 2008 Complete Issue|
April 29, 2008President'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...
|Exposure Assessment in Personal Injury Litigation: Challenging the Data|
Junius C. McElveen, Robin L. Juni; Jones Day;
April 8, 2008, previously published on Spring 2008In 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...
|Italy's New Class-Action Law|
Vittorio Scognamiglio, Alessandro Massimelli, Giulio Zampini; Jones Day;
April 8, 2008, previously published on March 2008On 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...
|Supreme Court Strengthens Preemption Defense for Medical Device Litigation|
March 31, 2008, previously published on February 21, 2008Yesterday 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...
|Second Circuit Decision Affects COGSA Liability for Shipment of Dangerous Cargo|
Blank Rome LLP;
March 18, 2008, previously published on March 2008On 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...
|Connecticut Supreme Court Reverses Summary
Judgment On "Common Cause" Provision In
Hunton & Williams LLP;
March 11, 2008, previously published on January 2008In 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...