In a case alleging that a community was exposed to airborne vinyl chloride, the Third Circuit affirmed that a class action was inappropriate since individual issues predominated

In Gates v. Rohm & Haas Co. et al , 2011 U.S. App. LEXIS 17756 (3rd. Cir.: 8/25/11), Plaintiffs were residents of a primarily residential area of approximately 2,000 people and 400 homes. Defendant chemical companies owned and operated a facility one mile north of of the village. The plaintiffs...

Obesity impacts memory & concentration, providing an alternative explanation to harm claimed from a toxic exposure

Prior posts have noted that the key to toxic torts is causation. Prior posts have also noted some potential alternative factors that should be considered when various types of harm are alleged that supposedly result from a toxic tort. Now, obesity may be a factor in impaired memory and concentration...

Transgenerational Epigenetic Effects Demonstrated in Animals to Occur From a Variety of Pollutants

Prior posts have discussed the interplay between DNA, the various forms of RNA, and proteins regarding gene "expression"; prior posts have also noted the process of methylation of genes [see Wikipedia - Methylation ], which often reflects the interface between life's experiences and genetic...

Stress May Increase Inflammation and the Diseases Associated Therewith

Prior posts have noted that for toxic torts causation is the central focus, and that it is very difficult to prove. Prior posts have also noted that the makeup of the bacteria in one's GI tract can have a major influence on generating inflammation; a healthy diet can modify the makeup of these bacteria...

Another estrogenic substance is identified (BPS, which is related to BPA), and the vector exposes nearly everyone

Prior posts have noted that BPA (an estrongen mimic) is found not only in certain plastics (about which there is much nashing of teeth), but the main vector may very well be thermal cash register receipts. Well, get ready for its cousin, BPS, and the newest vector, paper money. Holy greenbacks, Batman...

Toxic Torts: More carcinogens enter the fray for consideration as alternatives for causation

As has been frequently noted in prior posts, toxic torts are all about causation. Whenever a plaintiff alleges a particular type of disease or injury, alternatives need to be evaluated. This is especially so in the world of chemical exposure since many diseases or injuries can derive from a multitude...

Ongoing exposure of numerous individuals to wind blown toxic materials comes within "mass action" exception to removal pursuant to the Class Action Fairness Act

In Abraham v. St. Croix Renaissance Group , 2013 U.S. App. LEXIS 9899 (3rd Cir. 2013), Defendant sought to remove the case pursuant to Class Action Fairness Act ("CAFE"). Plaintiffs (459 in number) alleged that defendant purchased the site at issue (a former alumina refinery operation) knowing...