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Toxic Torts Updates

Read Toxic Torts news, alerts, and legal commentary from leading lawyers and law firms:
Wenning Environmental

Applying the US Natural Resource Damage Assessment Framework to Post-Conflict Damage Assessment

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The United States and the European Union have legal tools to remedy damages to the environment. However, neither the U.S. nor the EU approaches explicitly address injuries and damages caused by armed conflict....more

Mintz

Climate Lawsuit Against German Energy Company Dismissed by Court

Mintz on

Last week, a long-running lawsuit brought against a major German energy company by a Peruvian farmer for alleged damages stemming from climate change was dismissed by an appellate court in Germany. The court's reasoning...more

Hissey, Mulderig & Friend, PLLC

Benzene Exposure Victims May Be Eligible for Compensation

If you or a loved one were exposed to benzene at work and were diagnosed with cancers such as leukemia, myelodysplasia (MDS), lymphoma, or multiple myeloma, you may be entitled to file a lawsuit and receive financial...more

Goldberg Segalla

Defendant Contractor’s Summary Judgment Upheld on Appeal

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Jurisdiction: Court of Appeal of California, Second Appellate District, Division Six - Plaintiff Easterling brought this claim based on his diagnosis of lung cancer, which he attributes to asbestos exposure during his work as...more

IR Global

The Importance of Expert Financial Opinions in Environmental Litigation

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Environmental litigation is evolving. Once dominated by scientific testimony and regulatory interpretation, it now demands financial clarity as well. From toxic torts and groundwater contamination to disputes over regulatory...more

Shipman & Goodwin LLP

Federal Regulations Arriving ‘PFAShionably Late’ - A CBIA Manufacturing Spotlight Article

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A series of PFAS-related communications and rulemaking from the U.S. Environmental Protection Agency have recalibrated the agency’s focus areas and timeline under the second Trump administration. Federal PFAS regulation...more

Husch Blackwell LLP

Major Changes in the Jurisdictional Laws in Illinois

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Senate Bill 328, as amended, makes significant changes to the law governing jurisdiction in Illinois, which would change Illinois from a specific jurisdiction state to a general jurisdiction state for actions that allege...more

Morgan Lewis

Emerging Trends in State-Level PFAS Regulation and Litigation

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As the US Environmental Protection Agency (EPA) under Administrator Lee Zeldin lays out an ambitious regulatory agenda related to perfluoroalkyl and polyfluoroalkyl substances (PFAS), state lawmakers, state attorneys general,...more

MG+M The Law Firm

EPA Terminates Research Grants on PFAS Exposure and Reduction in Agriculture

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The Environmental Protection Agency (EPA) recently terminated over $15 million in grants for research aimed to reduce potential exposure to “forever chemicals,”, i.e., per and poly-fluoroalkyl substances (PFAS), from food to...more

Lowenstein Sandler LLP

TSCA Citizen Suit and Public Nuisance Claims Dismissed by EDNY

On May 19, the Eastern District of New York (the Court) dismissed claims brought by the Town of Oyster Bay, New York (the Town) under Section 20(a)(1) of the Toxic Substances Control Act (TSCA)1 and for public nuisance...more

Farella Braun + Martel LLP

The approaching warning deadline for vinyl acetate

On January 3, 2025, vinyl acetate was added to the Prop 65 list as a carcinogen. Vinyl acetate is a synthetic chemical, and a colorless liquid with a sweet, fruity smell. In its Evidence on the Carcinogenicity of Vinyl...more

McGlinchey Stafford

Strategic Risk Mitigation for Insurance Providers Amidst PFAS-Related Environmental Liability

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The increasing volume of litigation involving Poly- and Perfluoroalkyl Substances (PFAS) presents substantial financial and operational uncertainties for the insurance sector. Due to their environmental persistence and...more

Faegre Drinker Biddle & Reath LLP

Fifth Circuit Clouds Threshold Dose Analysis in Ruffin v. BP

Plaintiffs in toxic tort cases must prove both general and specific causation, generally through the testimony of experts. Experts must establish that a specific chemical exposure can (and did) cause the specific injury at...more

Bergeson & Campbell, P.C.

Minnesota Extends Public Comment Period on Proposed PFAS Reporting Rule as Entities Voice Concerns about Compliance with Deadlines...

On May 22, 2025, the Minnesota Pollution Control Agency (MPCA) held a public hearing on its “Proposed Permanent Rules Relating to PFAS in Products; Reporting and Fees” (proposed rule). Administrative Law Judge (ALJ) Jim...more

Kilpatrick

Toxic product cases: Northern District of Illinois rules that expert testimony is required to prove product defect

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Takeaway: We have discussed the pleading requirements that apply to cases alleging that products are toxic or otherwise contaminated with some sort of harmful substance or chemical. See Federal court dismisses false...more

Husch Blackwell LLP

Hawaii Court Hands Down Hefty Verdict Against Tobacco Company Defendant in Throat Cancer Trial

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In a recent case pending in Hawaii state court, a husband and wife sued a tobacco company defendant for various claims related to its manufacturing and marketing of tobacco cigarettes, including strict products liability,...more

McGuireWoods LLP

Product Liability & Mass Tort Monitor: May 2025

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The Product Liability & Mass Tort Monitor is a monthly newsletter delivering critical updates, data insights and actionable strategies for navigating the complexities of product liability and mass tort litigation....more

Mitchell, Williams, Selig, Gates & Woodyard,...

PFAS/Arkansas Natural Resources Commission: Arkansas Advocate Article Notes Approval of $1.8 Million Grant for Surface Water...

The publication Arkansas Advocate noted in a May 21st article that the Arkansas Natural Resources Commission (“ANRC”): …approved a $1.8 million grant Wednesday to test surface waters for PFAS, the first known statewide...more

Alston & Bird

EPA Once Again Extends PFAS Reporting Deadline Under TSCA

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The Environmental Protection Agency (EPA) has again extended the reporting deadline for per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act. Our Environment, Land Use & Natural Resources Group...more

J.S. Held

Managing Contents Claims After a Wildfire: Restoration, Testing, and Insurance Strategies

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Understanding Contents Damage and Contamination After a Wildfire - When dealing with affected personal property (contents) after a wildfire, it is important to understand that each loss location is unique and that there is...more

Bennett Jones LLP

British Columbia Grapples With Evidentiary Issues and the Requirement for a Workable Methodology

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The evidentiary burden on plaintiffs to have a case certified­—i.e., the “some basis in fact” standard—has been described as a “low bar” in countless cases. Plaintiffs cite the “low bar” in trying to certify their cases, and...more

Bennett Jones LLP

Court of Appeal Cuts Off Speculative Product Liability Claims

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In 2024, Ontario’s highest court affirmed the principle that a certifiable tort claim requires a plaintiff to provide some basis in fact for a present, materialized injury that is “sufficiently serious.” A legally compensable...more

Sheppard Mullin Richter & Hampton LLP

Unpacking EPA’s PFAS Announcement: Addressing Contamination with Ambiguity Ahead

The U.S. Environmental Protection Agency (EPA) announced a comprehensive set of actions to address per- and polyfluoroalkyl substances (PFAS) contamination on April 28, 2025, with a focus on preventing PFAS from entering...more

Cozen O'Connor

Democratic AGs Go For Broke on PFAS Manufacturer Bankruptcy Deal

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A group of six Democratic AGs filed an objection to a proposed bankruptcy plan for firefighting foam manufacturer Kidde-Fenwal, Inc. (“KFI”), claiming that the deal would allow KFi to avoid billions in potential liabilities...more

Bennett Jones LLP

Supreme Court Approves Constitutionality of Multi-Crown Class Action

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The Supreme Court of Canada (SCC) has endorsed the constitutionality of British Columbia (BC) legislation empowering the province to seek recovery of opioid epidemic healthcare costs in a proposed class action brought on...more

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