Don't Blame Cows: Manipulation Of Climate Change Data

CNN reported not too long ago that Frank Mitloehner, an air quality specialist from the University of California at Davis , accused the authors of a 2006 report published by the U.N. Food and Agriculture Organization ("FAO"), titled "Livestock's Long Shadow", of skewing scientific...

Thompson Hine Expands Product Liability Practice Group

WASHINGTON, D.C. - Fern Phillips O'Brian has joined the Washington office of the law firm Thompson Hine LLP. A partner in the firm's Product Liability practice group, O'Brian focuses her practice on health effects litigation and counseling companies on regulatory matters involving product...

Baron & Budd’s Russell W. Budd Wins Prestigious Harry Philo Award From AAJ

DALLAS - Russell W. Budd, shareholder and managing director of law firm Baron & Budd P.C., was awarded the prestigious Harry M. Philo Award Trial Lawyer of the Year Award from the American Association for Justice (AAJ). The award was presented in recognition of his leadership in protecting the rights...

Lawsuit Filed In Pennsylvania Over Hydraulic Fracturing

LENOX TOWNSHIP, Pa. - Parker Waichman Alonso LLP has announced the filing of a lawsuit against Southwest Energy Production Company and its parent, Southwestern Energy Company, both of Houston, on behalf of 13 families in Susquehanna County, Pennsylvania, who allege that their water wells have been contaminated...

Toxic Coal Sludge Pollutes Kentucky Town 10 Years Later

LOUISVILLE, Ky. — (AP) In parts of eastern Kentucky, the pictures coming out of Hungary of the red sludge that roared from a factory's reservoir, downstream into the Danube River, are all too reminiscent of what happened a decade ago this week. A layer of dark goo still sits under a creekbed...

Chinese Drywall — Update On Litigation, Settlements And Insurance Claims

By Ellen Clarke and Sallie Kraus, Attorneys at Law The pace of litigation in the Chinese drywall ("CDW") claims has escalated in recent months. It is alleged that the gypsum that was used to manufacture that drywall came from particular Chinese mines and became contaminated with other potentially...

Lanier Law Firm Expands Los Angeles Office With Latest Additions

LOS ANGELES - The Lanier Law Firm is expanding the firm's Toxic Exposure and Asbestos practice and adding two attorneys to the firm's recently expanded Los Angeles office. Trey Jones and Alexandra Shef have joined the firm in Los Angeles, where they will focus on mesothelioma and asbestos...

$80 Million Verdict Halts Industry's Streak In Engle Progeny Trials

BRONSON, Fla. - (Mealey's) The tobacco industry's eight-verdict winning streak in Engle progeny cases came to an abrupt halt on Nov. 15 in a Florida state court with an $80 million verdict on behalf of the daughter of a smoker who died from lung cancer after smoking cigarettes made by R.J. Reynolds...

More Than 10,000 WTC Disaster Site Litigation Claimants File Opt-In Documents

NEW YORK - (Mealey's) More than 10,000 of the claimants eligible to participate in the World Trade Center Disaster Site settlement process in the U.S. District Court for the Southern District of New York have chosen to opt in, according to an announcement posted Nov. 19 by Judge Alvin K. Hellerstein...

Jury Awards $71M In Case Alleging Distribution Of Cigarettes To Children

BOSTON -- (Mealey's) A Massachusetts jury awarded $71 million in compensatory damages on Dec. 14 to the estate and only son of a woman who said she began smoking free Newport cigarettes handed out in her neighborhood by Lorillard Tobacco Co., according to published reports ( Will Evans v. Lorillard...

Jury Returns Verdict For Plaintiffs In 1st Phase Of Contamination Trial

FRESNO, Calif. - (Mealey's) A federal jury in California on April 1 returned a verdict for the plaintiffs in the first phase of a mass tort action against the owners of an industrial site in Merced County, Calif., for allowing hexavalent chromium and arsenic to contaminate air, soil and surface water;...

Babst Calland On Marcellus Shale - Anticipating Toxic Tort Litigation

One of our litigation attorneys, Kathy Condo, has a practice focused on handling the defense of large toxic tort litigation. Recently, she shared with our team an article from The West Virginia Record ( Jan. 20, 2011 ) in which a statewide group known as the "Citizens Against Lawsuit Abuse"...

Duane Morris LLP Alert: New Pennsylvania Law Limits Joint And Several Liability

On June 28, 2011, Pennsylvania Gov. Tom Corbett signed into law Senate Bill 1131 ; and in doing so, the future of joint and several liability in Pennsylvania was reduced to a list of exceptions. The new law provides that "where liability is attributed to more than one defendant, each defendant shall...

Judge Further Limits TVA Coal Ash Spill Lawsuits

CHATTANOOGA, Tenn. - (AP) A federal court further limited lawsuits seeking damages from the Tennessee Valley Authority for its huge spill of toxin-laden coal ash, but the judge ruled that claims related to property damages and reduced property values will to go to trial. The court fight is over a Dec...

McCarter & English Update: Litigation Over Chinese Drywall Continues, With Some Clarity

By Nicholas Insua, Jason Alexander & Michael Smith, Attorneys, McCarter & English, LLP In their commentary, "Update: Chinese Drywall Litigation Continues," Nicholas Insua, Jason Alexander & Michael Smith of McCarter & English, LLP, first note that the housing boom of the mid...

California Appellate Panel Affirms Defense Judgment Under Component Parts Doctrine In Personal Injury Case

LOS ANGELES - (Mealey's) A unanimous panel of the Second District California Court of Appeal, Division Three, issued an opinion Feb. 1 affirming summary judgment under the component parts doctrine for the suppliers of raw materials to a metal fabrication company that were sued by an employee for...

Federal Jury Returns Verdict For Consumer Who Alleges Butter-Flavoring Lung Disease

DENVER - (Mealey's) A Colorado man who alleges that he developed the lung disease bronchiolitis obliterans from exposure to diacetyl in microwave popcorn flavoring was awarded $7.2 million Sept. 19 by a U.S. District Court for the District of Colorado jury ( Wayne Watson, et uxor v. Dillon Companies...

Jury Awards Oregon Veterans $85 Million For C6 Exposure At Restore Iraqi Oil Site

PORTLAND, Ore. - (Mealey's) The Iraq War contractors accused by Oregon National Guard members in the U.S. District Court for the District of Oregon of exposing them to hexavalent chromium during a Restore Iraqi Oil mission were found liable by a jury under the theory of negligence but not fraud Nov...

Federal Judge Issues Order Approving 5 Defective Drywall Settlements

NEW ORLEANS - (Mealey's) The federal judge in Louisiana presiding over the massive Chinese-manufactured defective drywall litigation issued an order Feb. 7 approving five class action settlements with manufacturers, builders, suppliers and installers of Chinese drywall and their various insurers...

William A. Ruskin: No FIFRA Preemption, No Problem!

By William A. Ruskin In Gresser v. Dow Chemical Co ., Ind. Ct. App., No 79A02-1111-CT-1014, 4/30/13 [ enhanced version available to lexis.com subscribers ], the plaintiffs in this toxic tort case alleged that their children developed a variety of illnesses after a purported exposure to Dursban TC in...

Steptoe & Johnson PLLC: Asbestos Suits Against Employers Now Permitted In Pennsylvania In Some Situations

By James J. A. Mulhall | The Supreme Court of Pennsylvania, Western Division, issued an extremely important decision on November 22, 2013 in the Tooey and Landis holding [ enhanced opinion available to lexis.com subscribers ]. The consolidated appeals involved asbestos lawsuits against employers when...

2nd Circuit: $5M Contingent Payment Pursuant To Sept. 11 Settlement Not Triggered

NEW YORK — (Mealey’s) The Second Circuit U.S. Court of Appeals on June 9 found that a lower federal court erred in ordering the WTC Captive Insurance Co. Inc. to make a $5 million first contingent payment pursuant to the settlement of personal injury claims filed against the City of New York...

Norton Rose Fulbright: CERCLA's Federal Discovery Rule Does Not Preempt State Statutes Of Repose

By Janet L. McQuaid , Michael P. Gaetani , Joshua Snyder , and Jennifer Blair Caplan . . . [T]he United States Supreme Court held in CTS Corp. v. Waldburger 1 that Section 9658 of CERCLA 2 does not preempt state statutes of repose that set a time frame after which a potential defendant is no longer...

Duane Morris LLP: Pa. Superior Court Confirms Statutory Right of Repose for Improvements to Real Estate in Asbestos Cases

The Pennsylvania Superior Court reversed a jury verdict in favor of plaintiffs in an asbestos mesothelioma case, finding that the 12-year statute of repose bars all claims related to improvements constructed on real estate brought beyond the statutory period pursuant to 42 Pa. Cons. Stat. Ann. §...

Halliburton Agrees To Pay $1.1 Billion To Resolve Most Gulf Oil Spill Claims

NEW ORLEANS — (Mealey’s) Halliburton Energy Services Inc. (HESI), the company that was responsible for cement work for the Macondo well in the Gulf of Mexico, on Sept. 2 filed an agreement in Louisiana federal court under which it will pay approximately $1.1 billion to resolve claims for...