At the end of August, the New Jersey Department of Environmental Protection (“NJDEP”) issued guidance that allows volatile organic compounds (“VOCs”) released to groundwater to be left in place under certain circumstances;...more
Illustrating the limits on damages available to North Carolina landowners in toxic tort cases, the North Carolina Court of Appeals upheld a trial court’s order capping damages at the diminution in the value of the...more
In a decision highlighting a practical challenge in pursuing tort claims against some underground storage tank (“UST”) owners and operators, the Michigan Court of Appeals held that a trial court could nix a lawsuit stemming...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
MASS TOXIC TORTS -
West Virginia Chemical Spill Prompts Wave of Lawsuits -
The January 9th, 2014 chemical release at a Freedom Industries, Inc. facility in West Virginia has shown, yet again, that major...more
4/28/2014
/ Chemical Spills ,
Class Certification ,
Contamination ,
Damages ,
Drinking Water ,
Expert Testimony ,
Failure To Warn ,
Groundwater ,
Hazardous Substances ,
Medical Monitoring ,
Toxic Exposure