News & Analysis as of

Hazardous Substances Appellate Courts

Goldberg Segalla

Fourth Circuit Court of Appeals Revives Ethylene Oxide Medical Monitoring Suit

Goldberg Segalla on

On August 18, 2025, the United States Court of Appeals for the Fourth Circuit issued its long-awaited decision in Sommerville v. Union Carbide Corp., reversing the U.S. District Court for the Southern District of West...more

Lowenstein Sandler LLP

4th Circuit Holds Exposure to Contaminants Is a Sufficient Injury in Some Medical Monitoring Cases

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On Aug. 18, the U.S. Court of Appeals for the 4th Circuit held that exposure to ethylene oxide (EtO) constitutes a concrete, present injury sufficient for Article III standing where costs for present medical monitoring are...more

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

Comprehensive Environmental Response Compensation and Liability Act/Cost Recovery: Federal Appellate Court Addresses Appropriate...

The United States Court of Appeals for the Sixth Circuit (“Court”) in a May 12th Opinion addressed issues arising out of actions being brought to recover cleanup costs under the Comprehensive Environmental Response,...more

Vinson & Elkins LLP

Appeals Court Invalidates Key Parts of PHMSA’s 2022 Rulemaking on Natural Gas Safety

Vinson & Elkins LLP on

In a unanimous opinion, a panel of judges from the United States Court of Appeals for the District of Columbia Circuit (the “D.C. Circuit”) vacated four key aspects from a 2022 rulemaking by the Pipeline and Hazardous...more

MG+M The Law Firm

EPA's PFAS Rule Challenged in DC Circuit

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The Environmental Protection Agency’s (EPA) recent rule designating two per- and polyfluoroalkyl substances (PFAS) chemicals, PFOA and PFOS, as hazardous substances has already been met with resistance, as several groups...more

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

Sulfuric Acid Release/Hazardous Materials Transportation Act: Ohio Appellate Court Addresses Whether Certain State Law Claims Are...

The Court of Appeals of Ohio (“Appellate Court”) addressed in a February 5th Opinion issues arising out of a judicial action for damages due to the release of sulfuric acid causing an injury. See Einbecker v. Gates...more

Roetzel & Andress

Ohio Appellate Court Holds Hazardous Material Transportation Act Does Not Preempt Ohio Products Liability Act

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On February 5, 2024, an Ohio appellate court issued a decision that will permit plaintiffs in products liability actions to bring state law claims for injuries caused by defective products used in the transfer and storage of...more

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

Well Water/Sale of Residence: Ohio Appellate Court Addresses Failure to Disclose/Fraud Issue

The Court of Appeals of Ohio (“Court”) addressed in a June 12th Opinion an issue involving an alleged fraudulent misrepresentation made by the seller of a home involving contamination of its well water. See Enger v. Black,...more

Harris Beach Murtha PLLC

California Appellate Court Provides Relief to Defendants by Reining in Misapplication of Punitive Damages

Mass tort defendants frequently defend lawsuits in venues like Los Angeles County, California, which are favored by plaintiff firms due to their plaintiff-favorable law and propensity for large verdicts. In a recent decision...more

Rivkin Radler LLP

Insurance Update - May 18 2022

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You’ll find some notable decisions in our May Insurance Update. Appeals over pandemic-related business interruption losses have made their way up to state high courts. And so far, these courts have continued the trend...more

Bracewell LLP

10th Circuit expands PSM coverage

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The Tenth Circuit Court of Appeals (covering Oklahoma, Kansas, New Mexico, Colorado, Wyoming, and Utah) issued an opinion on Tuesday (10/27/2020) that expands the applicability of OSHA’s process-safety-management standard to...more

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

Lead Contamination/Duty to Warn: Indiana Court of Appeals Addresses Claims Related to State Agencies

The Court of Appeals of Indiana (“Court”) addressed in a June 10th Opinion issues relating to lead contaminated soil in a residential area. See State v. Alvarez by next friend Alvarez, 2020 WL 3068449 (Ind. Ct. App. June 10,...more

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