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Environmental and Toxic Tort Defense Insight Blog

Articles: 11-20 of 146

The Absurdity of Prop. 65 - Something Fishy

USA - September 9 2020 Two recent events reminded me of the absurdity of California’s “Proposition 65” cancer warnings. You are all familiar with this regulatory scheme…

EPA Draft Risk Assessment on Asbestos Flawed and could be Problematic for Automotive Friction Defendants

USA - August 28 2020 The United States Environmental Protection Agency (“EPA”) is currently conducting a chemical risk evaluation of asbestos. The EPA’s 310-page Draft…

Proposed Changes to California Asbestos Jury Instructions on Causation

USA - August 17 2020 The Advisory Committee on California Civil Jury Instructions is considering changes to many instructions, including two on causation: CACI 435…

California Asbestos Trials in the Age of COVID-19

USA - July 16 2020 We continue to monitor how various courts in California are handling asbestos trials. The situation is unsurprisingly fluid. Some courts have started…

PA Appellate Court Declines Opportunity to Re-Evaluate State Registration Statute Under Daimler

USA - July 6 2020 The PA Superior Court of Pennsylvania - the Commonwealth’s intermediate appellate court - recently issued its long-awaited en banc opinion in Murray…

New Jersey Supreme Court Finds Liability Possible For Replacement Parts Supplied By Others If Original Product Contained Asbestos Components

USA - June 12 2020 Arthur Whelan was a plumber and infrequent auto mechanic. Decades before developing mesothelioma, Whelan alleges that he worked on numerous boilers…

Will California Eliminate Several Liability for Non-Economic Damages for Some Defendants?

USA - June 4 2020 In California, while all defendants are liable to plaintiff for 100% of Plaintiff’s economic damages, under “Proposition 51” defendants are liable…

Unique Business Logo Creates Evidentiary Path to Product Identification

USA - May 22 2020 A logo can be a first impression akin to the front door of a business. In Hart v. Keenan Properties, Inc., the logo “was the letter “K” drawn to…

Responding to “No Safe Dose” Revisited: That Is Not What Regulators Thought at the Time

USA - May 4 2020 Some time ago we posted on the topic of responding to the inevitable contention from plaintiff counsel that there is “no known safe dose of asbestos”…

Not Fair in Pennsylvania (Update) - The Pennsylvania Supreme Court Rules That Fair Share Act Does Not Allow Fault-Based Apportionment in Strict Liability Cases

USA - March 27 2020 In a decision that will reshape Pennsylvania products liability cases, the Pennsylvania Supreme Court has ruled that the Fair Share Act does not…