California Modifies Proposed Amendments to Proposition 65’s Warning Requirements
Our Environment, Land Use & Natural Resources Group explains the updates the California Office of Environmental Health Hazard Assessment plans to make to the proposed changes to California’s...
View ArticleFree Asbestos Testing for Union & Asbestos Workers
Exposure to airborne asbestos has been linked to an increased risk of several serious and debilitating diseases, including mesothelioma, asbestos lung cancer, and other types of cancer....By: Hissey,...
View ArticleCalifornia Environmental Law & Policy Update 6.28.24
The U.S. Supreme Court today upended a 40-year-old decision that made it easier for the federal government to regulate the environment, public health, workplace safety, and consumer protections,...
View ArticleDefra Consults on Proposal to Amend UK REACH Use and Exposure Information...
On May 16, 2024, the United Kingdom’s (UK) Department for Environment, Food and Rural Affairs (Defra) began a public consultation on the UK government’s proposals to amend the current transitional...
View ArticleCalifornia's Updated Proposition 65 Regulations New Short-Form Warnings and More
Longtime efforts by the California Office of Environmental Health Hazard Assessment (OEHHA) to amend the so-called “short-form” safe harbor warnings for California’s Proposition 65 appear to be nearing...
View ArticleExpert Testimony on Permanency of Respiratory Injury Requires Reference to...
Garced v. United Cerebral Palsy of Phila., 307 A.2d 103 (Pa. Super. 2023) - This matter involved a plaintiff’s claim that he developed reactive airway disease syndrome (RADS) from exposure to the...
View ArticleProposition 65: OEHHA Proposes Additional Changes to “Short-Form” Warning Option
On June 14, 2024, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a notice proposing additional changes to its Proposition 65 (Prop 65) Article 6 “clear and reasonable...
View ArticleLet’s Get Hitched: Florida Supreme Court Expands Interpretation of “Surviving...
In Ripple v. CBS Corporation, et. al., the Florida Supreme Court held a surviving spouse is entitled to recovery for wrongful death under the Florida Wrongful Death Act (the Act), codified at Fla....
View ArticleFrom Bellwethers to Billions: Updates on PFAS MDL Settlements and Legal...
The ongoing multidistrict litigation (MDL) concerning PFAS-containing firefighter foams continues to be an actively litigated matter as well as an area of public concern. PFAS, or per- and...
View ArticleMore Changes Under Consideration For Prop. 65 Short-Form Warnings
The California agency that administers Proposition 65 is considering further revisions to the regulations governing the use and format of the short-form warning....By: BCLP
View ArticleThe Devastating Health Impacts of Microplastics
Corporations produce more than 400 million metric tons of plastic per year. With that number set to triple by 2060, the growing amount of microplastics in the environment is of increasing concern to...
View ArticleSummary Judgment Denied as to U.S. Navy Ship Product Suppliers; Court...
U.S. District Court for the Eastern District of Pennsylvania Plaintiff Leona Rhoades, on behalf of the estate of her husband, Dewey T. Rhoades, commenced this action against a variety of defendants,...
View Article[Webinar] Cosmetic Talc Litigation: Recent Developments and Trends - August...
With events in talc litigation happening on an almost daily basis, this is a must-see webinar exploring the most recent developments, major verdicts, and decisions in cosmetic talc litigation. Join...
View ArticlePMRA Publishes Draft Regulations Regarding Disclosure of Confidential Test...
As noted in our Field Notes blog of earlier this year, the Pest Management Regulatory Agency (PMRA) has now published the draft regulations amending the Pest Control Products Regulations (Strengthening...
View ArticlePFAS Primer Quarterly Update: 2024 Q2 – Setting the PFAS Standard
In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, the EPA announces drinking-water regulations, states continue to...
View ArticleEPA Releases Draft Insecticide Strategy to Reduce Impacts to ESA-listed Species
On July 24, 2024, the Environmental Protection Agency (EPA) published its Draft Insecticide Strategy to Reduce Exposure of Federally Listed Endangered and Threatened Species and Designated Critical...
View ArticlePoland Implements Worker Protection Against Reprotoxins
An amendment to the Labour Code has expanded worker protection to include reprotoxic substances (i.e. substances capable of causing infertility, miscarriage or fetal developmental defects)....By: Ius...
View ArticleBack to the PFuture: Required Reporting of Historical PFAS Use Poses Risks...
The U.S. Environmental Protection Agency (EPA) recently established a one-time per- and polyfluoroalkyl substances (PFAS) reporting rule pursuant to the federal Toxic Substances Control Act...
View ArticleAsbestos Exposure Widespread at Oil and Gas Job Sites in Texas
Workers at asbestos job sites in the state of Texas may be at risk of developing mesothelioma, asbestos lung cancer, or other diseases as a result of asbestos exposure....By: Hissey, Mulderig &...
View ArticleBayer, Monsanto Face 54,000 Roundup Lawsuits Over Lymphoma, Cancer Claims
Bayer and Monsanto are currently facing about 54,000 lawsuits filed by consumers who were exposed to the weedkiller Roundup (glyphosate), according to recent court documents....By: Hissey, Mulderig...
View ArticleTalc Manufacturer’s Motion to Dismiss for Failure to State a Claim Granted
U.S. District Court for the Eastern District of Missouri, Eastern Division - Decedent Carole Zicklin passed away from mesothelioma in September 2021. The decedent’s daughters subsequently filed a...
View ArticleCETESB Publishes New Board Decision on the Management of Contaminated Areas
The Environmental Agency of the State of São Paulo (Companhia Ambiental do Estado de São Paulo - CETESB) recently published in the Official Gazette new guidelines for managing contaminated areas and...
View ArticleTalc Defendant Unsuccessful on Summary Judgment
Jurisdiction: Supreme Court of New York, New York County - Plaintiff Lita Goldstein was diagnosed in March 2022 with mesothelioma. She initiated a suit against several defendants in May 2022,...
View ArticleMass Toxic Torts Watch List (Other Than Plaintiffs’ TV Ads)
We are all familiar with the TV ads run by members of the plaintiffs’ bar seeking plaintiffs for mass toxic tort litigation, those asking whether you or someone you know has been “exposed” to a...
View ArticleDefendant’s Motion for Summary Judgment Denied Due to Conclusory Affidavits
Jurisdiction: Supreme Court of New York, New York County - DAP filed a motion for summary judgment by arguing plaintiff cannot sufficiently demonstrate DAP’s exposed him to asbestos. DAP contends that...
View ArticleJuly 2024 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,...
View ArticleExtending Derivative Sovereign Immunity For Government Contractors
The Third Circuit recently affirmed entry of summary judgment in favor of General Electric (“GE”) on grounds of derivative sovereign immunity. The Third Circuit found that GE was entitled to derivative...
View ArticleTalc-Related Matter Filings Predictably Increase, As New Bankruptcies are Filed
Observers of filing trends in personal injury mesothelioma matters alleging exposure to talc contaminated with asbestos have noted that the bankruptcy filing of a predominant defendant in those matters...
View ArticleSouth Carolina Jury Returns $63.4M Plaintiff Verdict in Talc Trial
Court: Circuit Court of South Carolina, Fifth Judicial Circuit - A South Carolina jury Aug. 16 returned a $64.4 million plaintiff’s verdict against product manufacturer Johnson & Johnson and...
View ArticlePump Manufacturers’ Motion to Exclude Expert Causation Testimony Granted In-Part
Court: United States District Court for the Middle District of Florida, Tampa Division - In this asbestos action, defendants Atwood & Morrill Co. Inc. and Warren Pumps LLC filed a Daubert motion...
View ArticleEPA Proposes TSCA Rule Banning 1-BP from Most Consumer Goods
Our Environment, Land Use & Natural Resources Group explains the Environmental Protection Agency’s proposed Toxic Substances Control Act rule that aims to address the risks the agency believes are...
View ArticleDefendant Granted Motion to Dismiss Claim against Settlement Trust for...
Superior Court of Delaware, New Castle - In the asbestos action Burhenn v. Celotex Asbestos Settlement Trust, the court granted defendant Celotex’s motion to dismiss on the grounds that the complaint...
View ArticleEverything You Need to Know About PFAS Lawsuits Over Forever Chemicals
Class actions and multidistrict litigation (MDL) concerning perfluoroalkyl and polyfluoroalkyl substances (PFAS) have led to massive settlements by chemical companies that have totaled in the billions...
View ArticlePest Management Regulatory Authority is Seeking Stakeholder Input
Draft Guidance and a Draft Section 66 Agreement Regarding Data Compensation in the Context of Re-Evaluations and Special Reviews - On September 10, 2024, Health Canada's Pest Management Regulatory...
View ArticlePlaintiffs’ Motion for New Trial Reversed on Appeal
Court of Appeal of Louisiana, Fourth Circuit - In this action, the plaintiffs alleged decedent Vita Chenet had asbestos exposure from personal use of various talcum powder products, including Cashmere...
View ArticleAsbestosis Takes the Stand: Raising Awareness of an Abnormally High Verdict...
Key Points: Asbestosis claims are usually considered to be on the lower end of settlements for asbestos law cases. A verdict of $25 million was returned by a jury in Philadelphia, where the last...
View ArticleSeptember 2024 New York Insurance Coverage Law Update
Southern District Holds Insured Not Entitled To Judgment On Pleadings As To Duty To Defend Because Extrinsic Evidence May Show Duty Is Terminated- Color Techniques, Inc. (CTI) sold ingredients used in...
View ArticleFashion Industry Beware - PFAS Bans on Apparel Effective January 1, 2025
PFAS laws will significantly impact the fashion industry come 2025. New York and California have each passed legislation that will regulate the use—and eventual phaseout—of PFAS in apparel and other...
View ArticlePFAS: Protecting Your Business From ‘Forever Chemical’ Litigation
Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are a group of nearly 15,000 chemicals with heat, grease, oil, water, and stain resistant properties. They may be found in consumer products like...
View ArticleBetter Health Care Newsletter - October 2024
What consumers can do to reduce environmental health threats all around us - It’s a paradox of modern life: We want more and more stuff, and we want to get all of it faster, cheaper, more...
View ArticleA Guidebook for AFFF Lawsuits
Thousands of AFFF firefighting foam lawsuits have been filed against the chemical manufacturers behind aqueous film forming foam (AFFF), a common type of firefighting foam that is often used for...
View ArticleCommonwealth Court Affirms Denial of Claim Petition That Alleged Occupational...
Jerry Mercer v. Active Radiator MPN, Inc. (WCAB); No. 1326 C.D. 2023; filed June 3, 2024; Judge Fizzano Cannon - On August 24, 2018, the claimant advised the employer that he had sustained a...
View ArticlePlaintiff’s Causation Expert Must Identify Subjects of Talc Causation Studies
Court: Supreme Court of the State of New York, Appellate Division, First Judicial Department - The Supreme Court of the State of New York, Appellate Division, First Judicial Department recently...
View ArticleEPA Seeks Public Comment on Manufacture of Certain PFAS during Fluorination...
On September 30, 2024, the U.S. Environmental Protection Agency (EPA) requested public comment on the manufacture of certain per- and polyfluoroalkyl substances (PFAS), including perfluorooctanoic acid...
View ArticleCalifornia’s Proposition 65: Recent 60-Day Notices Target California Restaurants
A recent uptick in Proposition 65 notices of violation have targeted California restaurants. These notices are issued from a particular private enforcer (or bounty hunter), but such trends often prompt...
View ArticleForever Chemicals Present Significant Challenges for Commercial Real Estate
In recent years, PFAS — or “forever chemicals” — have emerged as a major topic of concern for landowners, business owners and environmental and real estate professionals as regulators focus more...
View ArticlePennsylvania Superior Court Holds That Employer’s Liability Exclusions May...
Employer’s Liability Exclusions typically apply to claims for bodily injury to employees arising out of and in the course of their employment by the insured. But, to what extent might such exclusions...
View Article[Webinar] EPA Risk Evaluations Under TSCA: Three Things Companies Should Know...
Section 6 of the Toxic Substances Control Act (TSCA) requires an assessment of unreasonable risk to “potentially exposed or susceptible subpopulations” (PESS) in high-priority substance risk...
View ArticleJury Verdict Reversed and Remanded on Appeal in California
Court: Court of Appeal of California, First Appellate District, Division Two - Plaintiff Steven Watts filed a lawsuit in the Superior Court of Alameda County, California naming 36 defendants who were...
View ArticleThings Are Hotting Up: Wildfires in Brazil and the Law in Brazil and Elsewhere
Wildfires in Brazil have been a recurring and worrying phenomenon since 2022, with devastating impacts. The fires have impacted the environment, biodiversity, farming, cattle ranching, and human health...
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