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Marc Gaffrey of Hoagland, Longo, Moran, Dunst & Doukas - The “Next Asbestos” is Asbestos

(Please visit the site to view this video) So benzene isn’t. Mold isn’t. So what is the proverbial “next asbestos”? Click and listen to what Marc S. Gaffrey had to say on the subject. Marc is a partner with Hoagland, Longo, Moran, Dunst & Doukas in New Brunswick, N.J. This...

Law Center Prepares Lawsuit Over Mich. Oil Spill

MARSHALL, Mich. - (AP) A public interest law firm prepared Monday to sue the owners of a pipeline that ruptured in southern Michigan and dumped hundreds of thousands of gallons of oil into a Kalamazoo River tributary, while residents voiced concerns to government officials following a community meeting...

Houston Law Firm Files Mass Injury Lawsuit Against BP Over Texas City Benzene Release

GALVESTON, Texas - The Vujasinovic & Beckcom law firm of Houston on Sept. 14 filed a lawsuit in the U.S. District Court for the Southern District of Texas on behalf of 120 people who were exposed to benzene that was released from British Petroleum's Texas City refinery from April 6 through May...

California Jury Rules For Defense In Benzene Wrongful Death Case

LOS ANGELES -- A California Superior Court jury on Feb. 10 returned a verdict for the defense in a suit alleging that exposure to solvents including benzene caused a Los Angeles-area worker's death of acute myelogenous leukemia (AML), saying that the exposure was not a substantial factor in the man's...

California Appeals Court Affirms $8 Million Benzene Injury Verdict

SAN FRANCISCO -- (Mealey's) A California appeals court has affirmed an $8 million judgment to a seaman who blamed benzene exposure aboard oil tankers for the loss of a kidney to cancer, saying Feb. 18 that scientific certainty is not required for a toxic tort plaintiff to prevail ( Mack Shelby v...

Supreme Court Rules Vaccine Lawsuits Are Federally Preempted

WASHINGTON, D.C. --(Mealey's) A 6-2 U.S. Supreme Court majority on Feb. 22 ruled that the National Childhood Vaccine Injury Act of 1986 (NCVIA) preempts tort claims asserting design defect against vaccine manufacturers ( Russell Bruesewitz, et al. v. Wyeth LLC, et al. , No. 09-152, U.S. Sup.). ...

California Groups Sue EPA Over Civil Rights Complaint

FRESNO, Calif. - (AP) Sixteen years ago, soon after she gave birth to her first baby, Maricela Mares-Alatorre joined residents of three small California farmworker towns who alleged they were being discriminated against by environmental regulators, because all three of the state's toxic waste dumps...

Maryland Appeals Court Vacates Bulk Of $147 Million Exxon Pipeline Leak Award

ANNAPOLIS, Md. - (Mealey's) The Maryland Court of Special Appeals on Feb. 9 vacated much of a $147 million jury award to homeowners whose groundwater was contaminated with benzene and methyl tertiary-butyl ether (MTBE) by a 26,000-gallon gasoline leak at an Exxon Mobil Corp. station ( Exxon Mobil...

Maryland High Court Vacates $1 Billion In Punitive Damages In Gasoline Leak

BALTIMORE - (Mealey's) Saying plaintiffs claiming contamination of their properties with benzene and methyl tertiary-butyl ether (MTBE) from a leak at an Exxon Mobil Corp. tank farm outside Baltimore failed to prove the fraud necessary to support an award of punitive damages, Maryland's highest...

Class Certification Granted To Property Owners In Illinois Oil Refinery Spill

EAST ST. LOUIS, Ill. — (Mealey’s) An Illinois federal judge granted class certification Sept. 3 to owners of 387 properties in the Village of Roxana, Ill., who claim diminution of value as a result of alleged contamination of the land, air and water with benzene and other cancer-causing...

Texas Federal Judge Imposes Maximum $2 Million Fine On Felony Pollution Counts

CORPUS CHRISTI, Texas — (Mealey’s) A Texas federal judge on Feb. 5 imposed fines totaling more than $2 million on convictions stemming from oil/water separation tanks that had been operated without the required covers for nearly 10 years, polluting the air and causing the deaths of migratory...

William A. Ruskin: Comcast Corp. v. Behrend's Impact In Toxic Tort Litigation

By William A. Ruskin I have written about how the U.S. Supreme Court's decision in Comcast v. Behrend has had the practical result of raising the bar for class certification and leveling the playing field for corporate defendants [ enhanced opinion available to lexis.com subscribers ]. Until recently...

Judge Denies Monitoring, Future Medical Expenses In Criminal Pollution Case

CORPUS CHRISTI, Texas — (Mealey’s) Compensation for future medical expenses, court-ordered medical monitoring and relocation from allegedly polluted properties is not justified by the evidence, the Texas federal judge sentencing CITGO Petroleum Corp. for criminal pollution violations said...