Environmental

Recent Posts

Seventh Circuit Opens the Door for End Run on General Causation in Toxic Tort Cases
Posted on 22 Oct 2015 by Steven M. Siros

A recent decision by the Seventh Circuit Court of Appeals, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], may significantly lower the causation bar for plaintiffs in toxic tort cases. In the case C.W. & E... Read More

Transgenerational Epigenetic Effects Demonstrated in Animals to Occur From a Variety of Pollutants
Posted on 18 Mar 2012 by Thomas H. Clarke, Jr.

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... Read More

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
Posted on 16 Sep 2011 by Thomas H. Clarke, Jr.

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... Read More

Obesity impacts memory & concentration, providing an alternative explanation to harm claimed from a toxic exposure
Posted on 19 Sep 2011 by Thomas H. Clarke, Jr.

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... Read More

Stress May Increase Inflammation and the Diseases Associated Therewith
Posted on 28 May 2012 by Thomas H. Clarke, Jr.

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;... Read More

Obesity impacts memory & concentration, providing an alternative explanation to harm claimed from a toxic exposure
Posted on 19 Sep 2011 by Thomas H. Clarke, Jr.

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... Read More

Ongoing exposure of numerous individuals to wind blown toxic materials comes within "mass action" exception to removal pursuant to the Class Action Fairness Act
Posted on 17 Jun 2013 by Thomas H. Clarke, Jr.

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... Read More

Transgenerational Epigenetic Effects Demonstrated in Animals to Occur From a Variety of Pollutants
Posted on 18 Mar 2012 by Thomas H. Clarke, Jr.

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... Read More

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
Posted on 16 Sep 2011 by Thomas H. Clarke, Jr.

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... Read More

Toxic Torts: More carcinogens enter the fray for consideration as alternatives for causation
Posted on 24 Mar 2013 by Thomas H. Clarke, Jr.

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... Read More

Stress May Increase Inflammation and the Diseases Associated Therewith
Posted on 28 May 2012 by Thomas H. Clarke, Jr.

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;... Read More