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Documents on toxic torts
 

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HTMLTort Reform Update
Buckingham, Doolittle & Burroughs, LLP;
Legal Alert/Article
November 2, 2006, previously published on October 2006
On Wednesday, August 23, 2006, the Ohio Supreme Court certified questions relating to the constitutionality of three provisions of Ohio's general tort reform bill that became effective in April 2005.

 

HTMLIn Cantrell v. Ashland, Appeals Court Affirms Defense Verdict in Holding that May Have Application in other Oil Field NORM Cases
Blank Rome LLP;
Legal Alert/Article
September 29, 2006, previously published on September 15, 2006
In an important decision, the Kentucky Court of Appeals, in Cantrell v. Ashland, upheld the 2003 jury verdict in favor of Ashland, Inc., rejecting the appeal by landowners who claimed that radiation from Ashland's oil production activities lowered their property values and endangered their health.

 

HTMLLandmark Case Clarifies Economic Loss Doctrine in Wisconsin
David J. Hanus; Hinshaw & Culbertson LLP;
Legal Alert/Article
September 12, 2006, previously published on September 5, 2006
The Wisconsin Supreme Court recently refined the boundary between the laws of contract and tort, holding that the economic loss doctrine precluded recovery on negligence claims related to an alleged breach of a construction contract. 1325 North Van Buren, LLC v. T-3 Group, Ltd., No. 2004AP325 (Wis....

 

HTMLPepsi Agrees to Purge Labels of Lead
Manatt, Phelps & Phillips, LLP;
Legal Alert/Article
May 5, 2006, previously published on May 1, 2006
Settling a lawsuit by the city of Los Angeles and state of California, PepsiCo Inc. has agreed to eliminate labels containing lead on bottled soft drinks imported from Mexico and will pay a $1 million civil penalty, officials announced April 21, 2006.

 

Adobe PDFMold Alert
Lane E. Webb, Alan E. Greenberg; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 27, 2006, previously published on April 2006
The mere presence of mold spores at a property is not a sufficient basis for expert testimony on the medical effects of exposure to mold. Pervasive errors in the chain of custody of mold samples render scientific testimony based upon such samples inherently unreliable.

 

Adobe PDFLegislative Efforts in Handling Industry-Wide Litigation
Ronald B. Lee, Ryan P. Kennedy; Roetzel & Andress, A Legal Professional Association;
Legal Alert/Article
April 21, 2006, previously published by Published for the USLAW seminar held on March 22, 2005. on 3/24/2005
An emerging trend which has gained some attention as of late is the attempt to handle industrywide litigation through legislation. Most notably, the Ohio General Assembly has enacted groundbreaking legislation aimed at asbestos and silica/mixed dust cases, as well as products liability cases in...

 

Adobe PDFDuPont's 16.5 Million Settlement over TSCA Section 8(e) Violations: Lessons on Reporting Substantial Risk Information
Sherry L. Hesselbein; Ulmer & Berne LLP;
Legal Alert/Article
April 10, 2006, previously published by 2006 Environmental & Safety Directory on 2006
The Toxic Substances Control Act (TSCA) is meant to address the regulation of new and existing chemicals and the risks associated with chemical production, use or disposal. Failing to report information about a chemical that presents a substantial risk of injury to human health or the environment...

 

Adobe PDFU.S. EPA's New Cross-Media Electronic Reporting Rule
Seyfarth Shaw LLP;
Legal Alert/Article
April 10, 2006, previously published on October 18, 2006
The U.S. Environmental Protection Agency (EPA) just published a final rule that it is referring to as the "Cross-Media Electronic Reporting Rule" (CROMERR). The rule sets out the EPA's framework for accepting electronic reports from regulated entities required under various...

 

Adobe PDFRecent Developments in the Welding Rod Wars: Mixed Verdicts and Adverse News for Insurers on the Total Pollution Exclusion
Amy Rich Paulus, Jane S. Freud; Clausen Miller PC;
Legal Alert/Article
March 31, 2006, previously published on March 22, 2006
Approximately 11,000 welding rod cases are currently pending in state and federal courts nationwide, and whether that number will continue to grow or begin to recede may be answered in the coming year. Plaintiffs recently scored wins in Illinois and New York, only to be followed by a defense...

 

Adobe PDFEPA Issues Test Rule on 17 HPV Substances; Withdraws Testing Proposal for 20 Others
Thomas B. Johnston; McKenna Long & Aldridge LLP;
Legal Alert/Article
March 22, 2006, previously published on March 20, 2006
On March 16, 2006, EPA promulgated a final rule under Section 4 of the Toxic Substances Control Act (TSCA), imposing new testing requirements on 17 chemical substances that the Agency determined are produced in high volumes. 71 Fed. Reg. 13707, to be codified at 40 C.F.R. § 799.5985(j).

 


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