News & Analysis as of

Toxic Exposure Mass Tort Litigation

Rivkin Radler LLP

Mass Toxic Torts Watch List (Other Than Plaintiffs’ TV Ads)

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We are all familiar with the TV ads run by members of the plaintiffs’ bar seeking plaintiffs for mass toxic tort litigation, those asking whether you or someone you know has been “exposed” to a particular substance and now...more

Adler Pollock & Sheehan P.C.

Asbestos Litigation – The New Frontier: Talc

Asbestos, a naturally occurring mineral, has been the subject of mass tort litigation for several decades. While recent trends show a steady reduction in the number of traditional asbestos claims, influx of claims alleging...more

K&L Gates LLP

American Law Institute Vote on Medical Monitoring Could Spur Increased "No-Injury" Claims

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The American Law Institute is scheduled to vote shortly on a new proposed rule for its Restatement (Third) of Torts that would recognize a claim for medical monitoring, even in the absence of physical injury. Companies in all...more

Fox Rothschild LLP

Key Issues in the U.S. Asbestos (and Talc) Tort System in 2023

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The national asbestos litigation machine is running at full speed even though the system is more than five decades old. The machine is national in scope, but it only operates in relatively few state and county jurisdictions....more

Goldberg Segalla

Third Circuit to Consider Validity of J&J’s Use of Bankruptcy to Handle Asbestos Claims

Goldberg Segalla on

On September 19, 2022, a panel of three judges for the Third Circuit heard oral argument in In re LTL Management LLC, Case No. 22-2003.  Before the Court is Johnson & Johnson’s (J&J) use of Chapter 11 to resolve...more

Goldberg Segalla

New York Manages to Remain a “Judicial Hellhole” in 2021

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While trials and in person court conferences are starting to trickle in, some jurisdictions such as New York still managed to hold its position as a judicial hellhole in 2021. According to American Tort Reform Foundation...more

Husch Blackwell LLP

United States Supreme Court Declines To Hear Talcum Powder Appeal

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On June 1, 2021, the United States Supreme Court declined to hear Johnson & Johnson’s (J&J) appeal to overturn a $2.12 billion dollar damages award to 22 female plaintiffs who alleged their ovarian cancer was caused by J&J’s...more

Searcy Denney Scarola Barnhart & Shipley

Florida Agricultural Workers Seek Paraquat Parkinson’s Disease Class Action Lawsuit

A group of Florida agricultural workers is seeking to be part of a class action lawsuit against the makers of paraquat, an herbicide known to be toxic, alleging that exposure to paraquat increases the risk of developing...more

BCLP

The New Mass Tort: Herbicides

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The modern mass tort, where thousands of personal injury cases are transferred to a single court for coordinated management, has evolved over the past two decades after courts concluded that the class action procedure was not...more

Searcy Denney Scarola Barnhart & Shipley

Paraquat: The Basics, the Symptoms and the Legislation Against It

The subject of six lawsuits filed in three states, paraquat is widely used in the agricultural industry and, sadly, often causes illnesses to those least able to care for themselves: workers. Workers on farms and ranches...more

Robins Kaplan LLP

Robins Kaplan Justice Report Winter 2020 | VOL. 14 NO. 1

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DUSTING SPRAY DEATHS AND INJURIES - Robins Kaplan LLP is investigating and litigating “dusting” cases, which arise when someone inhales—or “huffs”—compressed gas dusting spray for its intoxicating effects while driving and...more

Polsinelli

Wait a New York Minute – Is California’s Prop 65 Chemical Warning Statute Making its Way out East?

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Earlier this year, New York Governor Andrew Cuomo announced a proposal to add stringent labeling requirements for certain products sold in New York through the “Consumer Right to Know Act” (the “Proposed Act”). ...more

Polsinelli

Missouri Supreme Court Talc Decision Alters Landscape

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On March 6, the Missouri Supreme Court declined to review the intermediate appellate court’s decision in Fox v. Johnson & Johnson, which vacated a $72 million talc verdict awarded in St. Louis City Court. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

"The Class Action Chronicle - Winter 2016"

This is the 14th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings issued...more

Polsinelli

Court Decision Makes it Easier for Plaintiffs to Pursue Claims Against Companies in Indiana

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On March 2, 2016, the Indiana Supreme Court struck down Section 2 of the Indiana Product Liability Act and held that its statute of repose “does not apply to cases involving protracted exposure to an inherently dangerous...more

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