The Environmental Protection Agency (EPA) recently released two proposed regulations that would classify nine per- and polyfluoroalkyl substances (PFAS) as “hazardous constituents” and expand oversight of waste facilities to...more
PFAS defendants can use the International Agency for Research on Cancer’s (IARC’s) recent statement on the carcinogenicity of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) in support of causation and...more
“Nuclear” verdicts are awards that are exceptionally high, eclipsing what would be a rational, reasonable, or expected amount based on the evidence. Three recent jury verdicts awarding unreasonably large compensatory and...more
The California Supreme Court has answered in the negative the Ninth Circuit Court of Appeals’ certified question regarding “take-home” COVID-19 exposure (see Federal Appeals Court Asks California If Covid-19 “Take Home” Suits...more
In Corby Kuciemba, et al. v. Victory Woodworks, Inc., the Ninth Circuit Court of Appeals has asked the California Supreme Court to evaluate if employers have an enforceable legal duty to non-employees for non-employees’...more
New York’s Court of Appeals sided with defendants in three recent decisions in cases alleging violations of New York Labor Law Section 240(1). New York’s Labor Law maintains particularly high standards for defendants that are...more
A California appeals court permitted a Los Angeles County wrongful death lawsuit for COVID-19 “take-home” liability to proceed. The plaintiff claims that plaintiff’s employer’s negligence resulted in plaintiff’s transmitting...more
The Appellate Division, First Department of the New York State Supreme Court recently held that a personal injury plaintiff cannot be sanctioned for spoliation of evidence for undergoing surgical repair of an allegedly...more
An amendment to Rule 30(b)(6) of the Federal Rules of Civil Procedure (“FRCP”) that took effect on December 1, 2020 requires attorneys to meet-and-confer regarding the subject matters of an organization’s oral deposition....more
The recent rejection of an attempt to dismiss emotional distress claims offers a prescient reminder of the wide breadth of claims a toxic tort plaintiff may prosecute, and the array of damages that may be...more