DC High Court Adopts Daubert Approach to Expert Testimony -
In a direct victory for mobile phone manufacturers and service providers, and with implications for any other case involving expert testimony in the District of...more
12/12/2016
/ Admissibility ,
Contamination ,
Daubert Standards ,
Drinking Water ,
Evidence ,
Expert Testimony ,
Manufacturers ,
Mobile Devices ,
Preemption ,
Take-Home Exposure ,
Toxic Exposure
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
In a decision that may leave facilities open to private tort liability despite compliance with federal Clean Air Act (CAA) requirements, the U.S. Court of Appeals for the Sixth Circuit concluded that the CAA does not preempt...more
State common law tort claims based on air emissions from a power plant are not preempted by the federal Clean Air Act (CAA), according to the U.S. District Court for the Western District of Kentucky. The court agreed to...more
PREEMPTION -
Supreme Court Says CERCLA Does Not Preempt Repose Defense for Tort Claims -
The U.S. Supreme Court has put to rest a longstanding legal question affecting the deadline for plaintiffs to bring toxic tort...more
The U.S. Supreme Court has put to rest a longstanding legal question affecting the deadline for plaintiffs to bring toxic tort and contamination claims stemming from certain contaminated sites. CTS Corp. v. Waldburger, No....more