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The Role of Toxicology in Florida Accident Investigations: What Happens If...

Accident investigations are essential for determining cause(s), assigning liability, and improving public safety. In Florida, where bustling roads, recreational boating, and tourism create dynamic...

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Foundation, Not Façade — The Fifth Circuit Affirms the Proper Basis...

In a toxic tort case, plaintiffs must establish general causation. If a substance is incapable of causing the type of injury plaintiff claims, then it certainly didn’t cause theirs. Under Texas law,...

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Claimant’s Evidence Satisfied the Three-prong Test to Support the Section...

Borough of Hollidaysburg v. Paul Detwiler (WCAB); No. 739 C.D. 2023; Filed November 19, 2024; Judge Wolf - The claimant was a firefighter who developed chronic myeloid leukemia that was diagnosed in...

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What Martin v. Goodrich Means for the Illinois’ Workers’ Compensation Landscape

On January 24, 2025, the Illinois Supreme Court issued its long-awaited decision in Martin v. Goodrich Corp., upholding the constitutionality of a 2019 amendment to the Illinois Workers’ Occupational...

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First Department Affirms New York Jurisdiction Over Automotive Defendants

Court: Supreme Court, Appellate Division, First Department (NY) - In this asbestos action, plaintiffs allege that decedent, John Beagan, was exposed to asbestos-containing products while in work areas...

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Supreme Court of New York Grants Defendants’ Motion to Dismiss Based upon...

Supreme Court of New York – New York County Eric Biljetina, et al. vs. Brenntag North America, Inc., et al. In this action, the plaintiffs allege the decedent had asbestos exposure through the use of...

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Biden’s 11th-Hour Ethylene Oxide Decision Continues the Environmental...

On January 14, 2025, the Biden administration’s U.S. Environmental Protection Agency (EPA) posted a last-minute “interim” decision in the Federal Register for its review of ethylene oxide (EtO) under...

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Defending Manufacturers Against PFAS Claims: Legal Strategies and Challenges

As litigation involving per- and polyfluoroalkyl substances (PFAS) continues to rise, manufacturers of PFAS-containing products face significant legal and financial risks. Plaintiffs, including...

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Democratic AGs Urge EPA to Expand Protections Against Chlorpyrifos Pesticide

A group of nine Democratic AGs submitted a comment letter in response to the EPA’s Chlorpyrifos; Tolerance Revocation proposed rule, which allows residue from chlorpyrifos, a pesticide, on certain food...

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U.S. Navy Veterans With Cancer from AFFF May Qualify to File a Lawsuit

Veterans of the U.S. Navy who were exposed to Aqueous Film Forming Foam (AFFF) and diagnosed with kidney cancer, pancreatic cancer, testicular cancer, or other types of cancers may be eligible to file...

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Community and Environmental Groups File TSCA Section 21 Petition Seeking the...

The Natural Resources Defense Council (NRDC) announced on February 11, 2025, that community and environmental groups submitted a petition under Section 21 of the Toxic Substances Control Act (TSCA) to...

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January 2025 Bounty Hunter Plaintiff Claims

Exploring Trends in California’s Proposition 65: Claims, Chemicals, Products, and More - California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires,...

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Rhode Island’s First Asbestos Verdict in Nearly 40 Years

For the first time in nearly 40 years, an asbestos case was tried to verdict in Rhode Island. This case, The Estate of Bonnie Bonito, resulted in a full defense verdict!...By: Adler Pollock &...

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US District Court to Examine Link Between PFAS and Cancer

Amidst mounting per- and polyfluoroalkyl substances (PFAS) regulation and litigation, the Multidistrict Litigation (MDL) judge overseeing the federal litigation related to firefighting foam has...

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National Mass Torts: 2024 Year in Review

Harris Beach Murtha attorneys Abbie Fuchs, Dan Strecker, and Alessandra Ash review and analyze key judicial holdings and legal developments in federal court and tort hot spots across the country that...

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Texas Court Upholds Summary Judgment in Silica Case

The Texas Fourteenth Court of Appeals upheld summary judgment for Exxon Mobil corporation in Stanley Cole v. Exxon Mobil Corp. (No. 14-22-00756-CV), a premises liability case involving alleged exposure...

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Illinois Jury Finds for Plaintiff in Wrongful Death Action Involving Asbestos...

Jurisdiction: Illinois Circuit Court – Cook County - This lawsuit involved a survival and wrongful death action brought under the Federal Employers’ Liability Act (FELA) in Illinois.  Plaintiff,...

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New Strategy is Embraced for Product Identification in Multidistrict PFAS...

The Aqueous Film-Forming Foam (AFFF) MDL has taken a significant step forward with the introduction of a new case management program intended to streamline the complex process of product...

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Georgia Federal Court Applies “Fungi or Bacteria” Exclusion and Holds Insurer...

In Nationwide Property & Casualty Insurance Company v. Hampton Court, L.P., et al. the United States District Court for the Northern District of Georgia granted an insurer's motion for judgment on...

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Mass Tort Cases: Challenges for Plaintiff’s and Defense Counsel

Mass tort cases present unique challenges for both plaintiff’s and defense counsel. Unlike a class-action case, where a representative plaintiff stands in for the other members of the class, each...

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Depo-Provera Litigation Update: Women With Meningioma Brain Tumors Eligible...

A March 2024 study published by The BMJ revealed that women who were injected with Depo-Provera (medroxyprogesterone acetate) are more than five times more likely to be diagnosed with a type of brain...

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Colorado Jury Issues First Defense Verdict after Years of EtO Exposure...

A Colorado jury issued a defense verdict following a six-week trial during which four women alleged their respective cancers were caused by exposure to EtO emitted by the nearby Terumo Blood & Cell...

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Florida Jury Awards Plaintiff $18 Million in Asbestos Case against Brake...

Court: Florida – 17th Judicial Circuit Court - Plaintiff, Denise J. Guth Cook alleged asbestos exposure from consumer talc products and automobile parts. She specifically alleged bystander and...

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Litigation Minute: Emerging Contaminants: Defending Litigation

What You Need to Know in a Minute or Less - Effectively defending emerging contaminant litigation requires counsel capable of navigating extremely complex scientific issues related to causation, while...

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IARC Classifies Gasoline As a Human Carcinogen – Litigation May Follow

Last month, the International Agency for Research on Cancer (IARC) announced its new classification for “automotive gasoline and some oxygenated gasoline additives.” In a result that follows IARC’s...

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Does Strict Liability Apply When You’re Injured by Exposure to Toxic Chemicals?

It is becoming almost impossible to avoid being exposed to multiple different chemicals on a daily basis. Companies use them to make their environments look and smell cleaner, to keep pests away, and...

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“Occurrence” Provisions Within Excess Policies Support an Exposure Trigger...

Asbestos fibers, chemical fumes, environmental pollutants—what do they have in common? They all involve injuries that manifest over time and are continuously at the center of the complex exposure...

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U.S. Navy’s Nonadherence to Asbestos Policy Opens Door to Lawsuit

As a sovereign entity, the United States government is immune from suit unless it consents to be sued. However, its sovereign immunity may be waived under certain circumstances under the Federal Torts...

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Louisiana Asbestos Workers May Qualify for Lung Cancer or Mesothelioma Lawsuits

Asbestos workers in the state of Louisiana who have been diagnosed with mesothelioma cancer or asbestos lung cancer may be eligible to file a lawsuit or bankruptcy trust claim against the companies...

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PFAS, HFCs and Related Chemicals in the Data Center Industry

Data centers use various chemicals that have recently been the focus of regulatory efforts at the federal and state level. The historic or future use of these chemicals may create liabilities,...

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$18 Million Verdict Awarded in Asbestosis Case Following Trial against...

Jurisdiction: Broward County Circuit Court - A Florida jury on April 23 handed down an $18 million verdict in aperitoneal mesothelioma case brought by the law firm of Maune Raichle Hartley French &...

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A Check on Experts in the Talcum Powder World

On February 7, 2025, Judge Walker, sitting in the United States District Court for the Eastern District of Virginia, ruled that the Plaintiff (a subsidiary of a parent company engaged in nationwide...

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Mass and Toxic Tort Case Update - Asbestos

Maffei v. A.O. Smith Water Prods. Co. (In re N.Y.C. Asbestos Litigation), 2025 N.Y. Slip Op. 1425 (N.Y. App. Div. 2025) - Valuing asbestos cases can sometimes be complicated but on March 13th, 2025,...

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Recent Developments in Depo-Provera Litigation: Formation and Progress of...

The legal landscape surrounding Depo-Provera, a long-acting injectable birth control, has entered a pivotal phase. With the growing number of lawsuits alleging that the drug caused serious brain tumors...

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Louisiana Jury Returns $3M Plaintiff Verdict in Talc Trial

Jurisdiction: Civil District Court for the Parish of Orleans, State of Louisiana - A Louisiana Jury returned a plaintiff’s verdict May 7 after an eight-week trial against Johnson & Johnson and...

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Washington Court Awards $16M Plaintiff Verdict after Default Judgment

Court: Washington Superior Court, Pierce County - A Washington state court in April awarded $16 million to the estate of decedent Steven Korzerke after a default judgment was entered against defendant...

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Appellate Court Affirms Summary Judgment Ruling in Favor of Appellees

Court: Appellate Court of Maryland - A Maryland appellate court has affirmed a lower court’s decision that granted summary judgment to the defense in a toxic substance exposure case....By: Goldberg...

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Toxic product cases: Northern District of Illinois rules that expert...

Takeaway: We have discussed the pleading requirements that apply to cases alleging that products are toxic or otherwise contaminated with some sort of harmful substance or chemical. See Federal court...

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Fifth Circuit Clouds Threshold Dose Analysis in Ruffin v. BP

Plaintiffs in toxic tort cases must prove both general and specific causation, generally through the testimony of experts. Experts must establish that a specific chemical exposure can (and did) cause...

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EPA Terminates Research Grants on PFAS Exposure and Reduction in Agriculture

The Environmental Protection Agency (EPA) recently terminated over $15 million in grants for research aimed to reduce potential exposure to “forever chemicals,”, i.e., per and poly-fluoroalkyl...

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Defendant Contractor’s Summary Judgment Upheld on Appeal

Jurisdiction: Court of Appeal of California, Second Appellate District, Division Six - Plaintiff Easterling brought this claim based on his diagnosis of lung cancer, which he attributes to asbestos...

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Benzene Exposure Victims May Be Eligible for Compensation

If you or a loved one were exposed to benzene at work and were diagnosed with cancers such as leukemia, myelodysplasia (MDS), lymphoma, or multiple myeloma, you may be entitled to file a lawsuit and...

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Manufacturer’s Motion for Summary Judgmenton Personal Jurisdiction Denied

Jurisdiction: Schenectady Supreme Court, New York - Defendant Fives Giddings & Lewis were sued in New York by plaintiff McCune, based on the allegation that their machinery exposed him to asbestos....

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Plaintiffs Win Appeal Regarding Ambiguous Language In Insurance Policy On...

Jurisdiction: Court of Appeal of Louisiana, Fourth Circuit - Mr. May died from Mesothelioma and the plaintiffs filed a wrongful death and survival action alleging the decedent was exposed to asbestos...

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Out-of-State Companies Face Increased Litigation Risk Under Illinois's...

Illinois is known for large verdicts in toxic tort cases, and the state has become a prime venue for forum shopping by plaintiffs’ attorneys. Illinois Senate Bill 328, if signed into law, will make it...

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EPA Proposes Repeal of 2024 Mercury and Air Toxics Standards Amendments

On June 11, 2025, the U.S. Environmental Protection Agency ("EPA") announced a proposed rule to repeal key amendments to the 2024 Mercury and Air Toxics Standards ("MATS") for coal- and oil-fired...

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Illinois Senate Bill 328: Expansion of General Jurisdiction Over Foreign...

On May 31, 2025, the Illinois General Assembly passed Senate Bill 328 (SB 328), which introduces a targeted expansion of general personal jurisdiction in Illinois civil litigation. The bill amends...

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Texas AG Spurs National Reform for General Mills

Texas Attorney General (AG) Ken Paxton announced that General Mills has agreed to remove petroleum-based artificial dyes from its cereals and school food products throughout the U.S. by summer 2026,...

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IARC Classifies Automotive Gasoline as Carcinogenic to Humans

The International Agency for Research on Cancer (IARC)—a branch of the World Health Organization mandated to investigate potential causes of cancer—conducts its own hazard evaluations of suspected...

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Oklahoma Legislature Creates Two New Specialty Courts

Oklahoma has now joined many other states creating specialty business courts to handle complex business litigation. Senate Bill 632 creates two new specialized business courts, which will be located in...

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