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Results: 1-5 of 5

Third Circuit rejects medical monitoring despite exposure to disease-causing substance

  • Dechert LLP
  • -
  • USA
  • -
  • June 16 2010

Medical monitoring liability is potentially broad and dangerous to industry because the claim substitutes the notion of increased risk for the traditional tort concept of injury

Plaintiff's constitutional challenge to EMFs rejected

  • Dechert LLP
  • -
  • USA
  • -
  • April 28 2011

The U.S. Court of Appeals for the Second Circuit last week upheld the trial court's dismissal of a plaintiff's allegations that several utilities exposed her to high levels of electromagnetic fields in violation of the U.S. Constitution

Court permits plaintiffs to evade CAFA mass action reach

  • Dechert LLP
  • -
  • USA
  • -
  • November 16 2011

Readers know that one of the effects of the Class Action Fairness Act has been to encourage plaintiff counsel to get creative in ways to defeat federal jurisdiction and keep mass torts and class actions in state courts

Court of appeals rejects medical monitoring class action

  • Dechert LLP
  • -
  • USA
  • -
  • August 31 2011

The Third Circuit last week affirmed a lower court decision denying class certification in a medical monitoring case alleging vinyl chloride exposures

Jury rejects medical monitoring claim in coal dust litigation

  • Dechert LLP
  • -
  • USA
  • -
  • March 29 2011

A West Virginia jury last week ruled in favor of defendant Massey Energy Co. in a class action accusing the company of exposing plaintiffs from an elementary school to toxic coal dust