In the latest in a flurry of PFOA (perfluorooctanoic acid) suits, a New York court granted class certification to a group of New York residents who claim that they have been harmed by decades of exposure to the chemical near...more
California Appellate Court Upholds “Every Exposure” Theory -
Deferring to the role of a jury in resolving questions of competing scientific theories, a California appeals court upheld a trial court’s ruling allowing...more
In a decision that may make it more difficult to sustain medical monitoring claims in Pennsylvania, a federal district court dismissed as untimely a putative class action alleging workplace chemical exposure. Blanyar v....more
Underscoring the importance of pleading actual injury in a toxic tort class action, the U.S. Court of Appeals for the Tenth Circuit dismissed Oklahoma class claims that were based only on “reasonable concern” of future injury...more
In a victory for toxic tort class action plaintiffs, an Iowa trial court certified a class covering approximately 4,000 residents who alleged property damages due to air emissions from a nearby corn milling plant. See...more
Sixth Circuit Rules that Clean Air Act Does Not Preempt State Tort Claims
- In a decision that may leave facilities open to private tort liability despite compliance with federal Clean Air Act (CAA) requirements, the...more
Finding only public interests at issue from contamination of public drinking water supplies, a West Virginia federal court dismissed a private nuisance claim, but not a public nuisance claim against a chemical manufacturer. ...more
Finding that only a narrow evidentiary review is appropriate when certifying a class under Missouri state law, a Missouri appeals court reversed a trial court’s decision to deny class certification in a suit alleging asbestos...more