2BInformed: The Future of Fluoride in Drinking Water, the New TSCA Fees Rule, and the Drinking Water Contaminant Candidate List 5
DynCorp's 'Strategic' Defense In Drug Crop Spraying Suit
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
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
Maffei v. A.O. Smith Water Prods. Co. (In re N.Y.C. Asbestos Litigation), 2025 N.Y. Slip Op. 1425 (N.Y. App. Div. 2025) - Valuing asbestos cases can sometimes be complicated but on March 13th, 2025, the NY Appellate Court...more
On February 7, 2025, Judge Walker, sitting in the United States District Court for the Eastern District of Virginia, ruled that the Plaintiff (a subsidiary of a parent company engaged in nationwide talcum powder litigation)...more
What You Need to Know in a Minute or Less - Effectively defending emerging contaminant litigation requires counsel capable of navigating extremely complex scientific issues related to causation, while also not losing sight of...more
The Texas Fourteenth Court of Appeals upheld summary judgment for Exxon Mobil corporation in Stanley Cole v. Exxon Mobil Corp. (No. 14-22-00756-CV), a premises liability case involving alleged exposure to olivine dust. The...more
Amidst mounting per- and polyfluoroalkyl substances (PFAS) regulation and litigation, the Multidistrict Litigation (MDL) judge overseeing the federal litigation related to firefighting foam has scheduled a “Science Day.”...more
For the first time in nearly 40 years, an asbestos case was tried to verdict in Rhode Island. This case, The Estate of Bonnie Bonito, resulted in a full defense verdict!...more
In a toxic tort case, plaintiffs must establish general causation. If a substance is incapable of causing the type of injury plaintiff claims, then it certainly didn’t cause theirs. Under Texas law, toxic tort plaintiffs must...more
As Nobel laureate Richard Feynman once observed, “[w]isdom is knowing when to ask the right questions.” A related proposition is that wise jurists know how to identify and focus on the right questions. Motion practice can...more
Jerry Mercer v. Active Radiator MPN, Inc. (WCAB); No. 1326 C.D. 2023; filed June 3, 2024; Judge Fizzano Cannon - On August 24, 2018, the claimant advised the employer that he had sustained a work-related injury due to lead...more
Garced v. United Cerebral Palsy of Phila., 307 A.2d 103 (Pa. Super. 2023) - This matter involved a plaintiff’s claim that he developed reactive airway disease syndrome (RADS) from exposure to the fogging disinfectant...more
Bello v. United Panam Financial Corp., No. A-2986-21 (Mar. 6, 2024) - The pro se petitioner appealed from a workers’ compensation order finding that his injuries were not causally related to his employment. The petitioner...more
On October 4, 2023, a panel of three judges in the New Jersey Appellate Division reversed a $224 million verdict against Johnson & Johnson, awarded to a consolidated group of four plaintiffs who alleged their use of the...more
A central tenet of toxicology is that “the dose makes the poison.” Every chemical is toxic if enough of it is consumed, and every chemical has some dose – even if miniscule – at which it poses no significant risk. A chemical...more
U.S. District Court for the Eastern District of Louisiana - As previously reported on Asbestos Case Tracker, plaintiff Frank Ragusa alleges that he developed mesothelioma from asbestos exposure. Defendant Huntington...more
Court: United States District Court for the District of Utah - This case arises out of decedent John C. Riegler’s diagnosis of mesothelioma, which plaintiff alleges stems from decedent’s work at a service station,...more
The question of whether a particular application of herbicide on one property caused damage on another’s property requires expert testimony. When a plaintiff claims that herbicide drift caused reduced crop yields, it is not...more
In orders issued on October 25, 2022 and November 9, 2022, U.S. District Court Judge Loretta Biggs provided some clarification to her prior expert rulings in the matter of Walls v. Ford Motor Company, et al., a mesothelioma...more
United States District Court for the Eastern District of Louisiana, September 6, 2022 - Plaintiff Ora Adams alleges that her husband, Lional Adams, was exposed to asbestos at defendant, Avondale’s, New Orleans area...more
As previously reported in Goldberg Segalla’s Asbestos Case Tracker — (NYCAL Verdict Against Talc Product Manufacturer Reversed on Causation Grounds – Asbestos Case Tracker) — the New York Court of Appeals recently overturned...more
U.S. District Court for the Eastern District of Louisiana, August 23, 2022 - Decedent Callen Cortez sued defendant Hopeman Brothers Inc., among others, claiming that alleged asbestos exposures caused him to develop...more
U.S. District Court for the Middle District of North Carolina, August 11, 2022 The late Robie Walls brought this asbestos action in early 2020 after a mesothelioma diagnosis. He alleged asbestos exposure from his service...more
Supreme Court of New York, Appellate Division, First Department, July 19, 2022 - On July 19, 2022, the First Department reversed three New York City Asbestos Litigation (“NYCAL”) decisions that denied summary judgment to...more
Supreme Court of New York, Appellate Division, First Department, July 19, 2022 - In 2017, Plaintiff Donna Olson (“Plaintiff”) filed suit against Johnson & Johnson (J&J), claiming that her lifelong use of J&J talcum powder...more