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Documents on toxic torts
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|Ohio Supreme Court Upholds Constitutionality of Tort Reform Provisions Capping Awards of Noneconomic and Punitive Dama|
Frederick C. Schafrick, Elizabeth Runyan Geise, Joanne M. Gray, Kenneth J. Parsigian; Goodwin Procter LLP;
January 8, 2008, previously published on January 4, 2008Efforts to reform state tort law have been the subject of much political controversy over the last three decades as legislatures have attempted to ameliorate the adverse impacts of tort law on the availability of insurance coverage and on their economies.
|Phthalates Face Increased Scrutiny|
Timothy J. Coughlin, Elizabeth B. Wright, William J. Hubbard; Thompson Hine LLP;
December 20, 2007, previously published on November 2007With Governor Schwarzenegger's signing of Assembly Bill 1108 in October, California became the first
state to ban the use of certain phthalates in toys and child-care products for children under the age of three.
The European Union and the city of San Francisco already passed similar bans of...
|Ohio Supreme Court Rules Plaintiffs Must Offer Expert Testimony to Establish Both General and Specific Causation in Toxic Tort Cases|
Terrance M. Miller, Carolyn A. Taggart, Tracey L. Turnbull; Porter Wright Morris & Arthur LLP;
October 17, 2007, previously published on October 2007The Ohio Supreme Court recently heightened the level of proof required for plaintiffs to succeed not only at trial but also at the summary judgment stage in toxic tort cases.Terry v. Caputo, 2007-Ohio-5023. In so doing, the Court held that cases involving exposure to toxic chemicals require two...
|Federal Court Dismisses California's Global Warming Lawsuit against Automakers|
Gabrielle Sigel, Oscar Marrero; Jenner & Block LLP;
October 4, 2007, previously published on September 21, 2007Another attempt to hold private
parties liable for global warming
has failed. The Attorney General of
California ("California") sued six
major automakers, claiming the
global warming effects caused by
carbon dioxide ("CO2") emissions
from vehicles constitute a...
|The Weber Report -- Volume 2, Number 14|
Andrew Weber; Kelly Hart & Hallman LLP;
July 9, 2007, previously published on June 18, 2007Andrew served as Clerk of the Supreme Court of Texas from 2002 to 2006, Staff Attorney to Justice Priscilla Owen from 1999 to 2002, and law clerk to Justice Greg Abbott from 1996 to 1997. As Clerk, Andrew frequently presented CLE papers on the operating procedures of the Court based on the his...
|Weighing the Pros and Cons: Dispute Resolution Methods|
June 21, 2007, previously published by LexisNexis® Martindale-Hubbell® Counsel to Counsel Magazine on July 2007Mediation and arbitration once represented exotic alternatives to litigation, revolutionary methods that could save feuding parties
money, time and the unpredictability of a jury. As parties have grown more willing to embrace ADR, mediation and arbitration have
become standard tools in a legal...
|Best Practices: Elements of Triage|
Howard M. Hoffmann, Richard L. Seabolt; Duane Morris LLP;
June 19, 2007, previously published by LexisNexis® Martindale-Hubbell® Counsel to Counsel Magazine on July 2007Situation: The recent E. coli outbreak linked to spinach, which
began as an agricultural processing accident,
demonstrates that what appears to be an isolated
product liability incident can quickly morph into a full-blown criminal
investigation. Establishing and addressing legal liabilities at...
|Recent Developments In The World Of Medical Monitoring|
Baker & Daniels LLP;
June 18, 2007, previously published on February 2, 2007Medical monitoring claims typically seek an award for the cost of periodic medical examinations or testing to facilitate early diagnosis and treatment of diseases allegedly caused by exposure to products, chemicals, or other hazardous materials. The medical monitoring claim began as a means to...
|New Trace Benzene Study To Be Published|
Erich P. Rapp; Kean Miller Hawthorne D'Armond McCowan & Jarman, L.L.P.;
May 23, 2007, previously published on April 5, 2007During a presentation at the Defense Research Institute's Toxic Torts and Environmental Law Seminar in New Orleans on Friday March 9, 2007, Dr. Pamela Williams of ChemRisk, Inc. indicated that she was preparing to publish a study on the potential for exposure to benzene from products containing...
|Court Dismisses a New York Times Employee's Leukemia Claim|
Joseph A. D'Avanzo, Charles C. De Martino; Wilson Elser Moskowitz Edelman & Dicker LLP;
May 9, 2007, previously published on May 2007A New York Times employee alleged that exposure to benzene from newspaper ink caused fatal leukemia. The Court ruled on a matter of first impression: that a plaintiff who unilaterally voluntarily dismisses an action in Federal court pursuant to Federal Rules of Civil Procedure Rule 41(a)(1)(i)...