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Environmental and Toxic Tort Defense Insight Blog

Articles: 1-10 of 146

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…

A Return to the Hotel California: Out of State Plaintiffs Must Bring Their Causation “Baggage” With Them

USA - July 15 2021 Out of state plaintiffs flock to California courts to take advantage of its laws, including its more relaxed causation standard for asbestos injuries…

California highlights burden on defendants seeking to apportion liability to co-defendants and non-parties

USA - June 2 2021 A California Court of Appeal has rejected a defense challenge that the defendant was assigned too high a percentage of liability (60%), because the…

Pain and suffering may become awardable in California wrongful death cases.

USA - May 20 2021 California may be joining the majority of the country by making pain and suffering damages available in wrongful death cases. Under current law, pain…

Workers’ Compensation Medicare Set-Aside Reference Guide Issued for Spring

USA - April 27 2021 Today CMS issued an announcement that they have released Version 3.3 of the Workers’ Compensation Medicare Set-Aside Arrangement Reference Guide…

Iowa Court of Appeals Bars Claims Against Asbestos Defendants for Products Made or Sold by Third Parties

USA - March 30 2021 ​ The Iowa Court of Appeals affirmed a district court’s decision that Iowa’s Section 686B.7(5), enacted in 2017, barred claims against a premises…

California Limits Punitive Damages Against Corporations

USA - February 22 2021 Last week, a California appellate court limited punitive damages against corporations. By statute, punitive damages can be awarded against a…

Supreme Court of Pennsylvania To Address Whether Registration of Out-of-State Businesses Creates General Jurisdiction

USA - November 24 2020 Pennsylvania’s unique corporate registration statute may be on the chopping block after a three-judge Superior Court panel in Mallory v. Norfolk…

California continues on the PFAS regulatory vanguard by banning PFAS in Cosmetics

USA - November 23 2020 On October 1, 2020, California passed a law identified as the Toxic Free Cosmetics Act. The Act will prohibit, beginning on January 1, 2025, the…