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Documents on toxic torts
 

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Adobe PDFOhio 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;
Legal Alert/Article
January 8, 2008, previously published on January 4, 2008
Efforts 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.

 

Adobe PDFPhthalates Face Increased Scrutiny
Timothy J. Coughlin, Elizabeth B. Wright, William J. Hubbard; Thompson Hine LLP;
Legal Alert/Article
December 20, 2007, previously published on November 2007
With 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...

 

Adobe PDFOhio 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;
Legal Alert/Article
October 17, 2007, previously published on October 2007
The 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...

 

Adobe PDFFederal Court Dismisses California's Global Warming Lawsuit against Automakers
Gabrielle Sigel, Oscar Marrero; Jenner & Block LLP;
Legal Alert/Article
October 4, 2007, previously published on September 21, 2007
Another 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...

 

Adobe PDFThe Weber Report -- Volume 2, Number 14
Andrew Weber; Kelly Hart & Hallman LLP;
Legal Alert/Article
July 9, 2007, previously published on June 18, 2007
Andrew 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...

 

Adobe PDFWeighing the Pros and Cons: Dispute Resolution Methods

Legal Alert/Article
June 21, 2007, previously published by LexisNexis® Martindale-Hubbell® Counsel to Counsel Magazine on July 2007
Mediation 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...

 

Adobe PDFBest Practices: Elements of Triage
Howard M. Hoffmann, Richard L. Seabolt; Duane Morris LLP;
Legal Alert/Article
June 19, 2007, previously published by LexisNexis® Martindale-Hubbell® Counsel to Counsel Magazine on July 2007
Situation: 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...

 

HTMLRecent Developments In The World Of Medical Monitoring
Baker & Daniels LLP;
Legal Alert/Article
June 18, 2007, previously published on February 2, 2007
Medical 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...

 

HTMLNew Trace Benzene Study To Be Published
Erich P. Rapp; Kean Miller Hawthorne D'Armond McCowan & Jarman, L.L.P.;
Legal Alert/Article
May 23, 2007, previously published on April 5, 2007
During 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...

 

HTMLCourt Dismisses a New York Times Employee's Leukemia Claim
Joseph A. D'Avanzo, Charles C. De Martino; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
May 9, 2007, previously published on May 2007
A 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)...

 


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