LexisNexis® Legal Newsroom
What is third-hand tobacco smoke and is it dangerous?

In general terms, the phrase "third-hand tobacco smoke" ("THS") refers to the tobacco particulates and gas that get on clothes, in hair, etc. You have smelled it when you approach a smoker, even if they are smoking at that time. Technically, it consists of residual tobacco smoke pollutants...

Gasification of garbage: A future strategy?

One of the problems with the disposal of even household trash (in California, at so-called Class 3 landfills) is that pollution, particularly of groundwater, may result, even from well constructed sites. Sometimes construction is less than ideal; sometimes earth movement or earthquakes fracture the containment...

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;...

Marcellus Shale - Anticipating Toxic Torts

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"...

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"...

BPA exposure may be underestimated because of laboratory method used

Prior posts have discussed various animal studies that have reported the potential for adverse impacts from BPA exposure, as well as the controversial conclusions of FDA under President Bush in assessing the risk of such exposure to humans. Recently published research suggests that the standard approach...

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...

World Health Organization (WHO) Issues Life Stage Guidance for Risk Assessment

By E. Lynn Grayson, Partner, Jenner & Block According to WHO, a significant challenge exists with monitoring and assessing individual and population level exposure and risk to environmental chemicals associated with how to consider age and life-stage related changes in behavior and physiology...

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...

WHO Announces Second Meeting On Global Collaboration In Chemical Risk Assessment

By E. Lynn Grayson, Partner, Jenner & Block The World Health Organization (WHO) has announced its second meeting focused on strengthening global collaboration in chemical risk assessment to be held 29-30 March 2012 in Bonn, Germany. The first meeting was held in March 2010. The two day meeting...

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...

District Court Holds Vapor Intrusion Is Imminent and Substantial Endangerment

By Lawrence Schnapf, Principal, Schnapf LLC The recent decision in Sisters of Notre Dame De Namur v. Mrs. Owen J. Garnett-Murray , 2012 U.S. Dist. LEXIS 78747 (N.D. Cal. 6/6/12) , is the latest example of how vapor intrusion has become a game changer for toxic tort and RCRA litigation. Vapor intrusion...

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...

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...

JPMDL Centralizes Lumber Liquidators Flooring Suits In Virginia

WASHINGTON, D.C. — (Mealey's) The Judicial Panel on Multidistrict Litigation (JPMDL) on June 12 transferred and centralized 10 lawsuits alleging that Chinese-made hardwood flooring products sold by Lumber Liquidators Inc. emits excessive levels of formaldehyde in the U.S. District Court for...

Maryland Top Court Finds Duty To Warn About Replacement Asbestos Parts

BALTIMORE — (Mealey’s) Manufacturers can be held liable for failure-to-warn under negligent and strict liability theories for parts the manufacturer reasonably knew would need replaced with asbestos-containing versions, Maryland’s top court held Dec. 18 ( Ruth Belche May, et al. v....