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Environmental and Toxic Tort Defense Insight Blog

Articles: 1-10 of 154

Compliance with Industry or Government Standards Inadmissible in Pennsylvania Design Cases

USA - February 14 2024 The Pennsylvania Supreme Court’s recent decision in Sullivan v. Werner Co., 206 A.3d 846 (Pa. Super 2023) dealt a blow to defense interests by…

Are Survival Times for Mesothelioma Improving? The Impacts of Improved Survival for Mesothelioma Patients on Recent California Cases

USA - September 20 2023 The anticipated period of survival for a patient after a diagnosis of mesothelioma is of great significance in any mesothelioma lawsuit. Beyond the…

Texas Supreme Court Overturns Non-Economic Damages Award Not Grounded in Evidence

USA - August 21 2023 The Texas Supreme Court recently handed down an opinion that may help rein in the rash of “nuclear verdicts” juries have been awarding in the last…

U.S. Supreme Court Changes Jurisdictional Landscape in Holding that Consent-by-Registration Laws Suffice to Allow General Personal Jurisdiction over Corporate Defendants

USA - June 30 2023 U.S. Supreme Court Rejects Challenge to Pennsylvania’s Corporate Consent-by-Registration Statute, Allowing Suits Against Foreign Companies Whether…

California Court Excludes Plaintiff Expert for Abusing Common Bradford Hill Analysis

USA - May 9 2023 A California appellate court has affirmed the exclusion of an expert witness who “(1) unreliably found causation based on [a single] study alone…

PFAS Expanding the Targets for California’s Proposition 65 Liability

USA - January 11 2023 The California law commonly referred to as “Proposition 65” prohibits businesses from knowingly and intentionally exposing any individual in the…

Divide and Conquer: Examining Recently-Released AIA Forms B111 and B112 for Projects with Two Architects

USA - September 13 2022 2022 welcomes two new form agreements from the American Institute of Architects ("AIA") for owners utilizing two architects to complete design…

New York Appellate Courts Clarify Defense-Friendly Standards on Causation

USA - August 1 2022 Recently, New York’s highest court and the intermediary appellate court (Appellate Division: First Department) that hears all appeals arising from…

California Changes Law: Pain and Suffering Survives the Deceased

USA - October 5 2021 A specter of the deceased’s pain and suffering will soon haunt California defendants. California law has long been that damages for pain and…

Plaintiff Experts Can Now Change Stories between Deposition and Summary Judgment?

USA - August 24 2021 It just got tougher to pin a California Plaintiff’s expert down at deposition. Generally, a witness cannot give a declaration opposing summary…