Delaware’s supreme court held last month that an employer owes no duty of care to an employee’s spouse, who allegedly contracted asbestos-related dise
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exposure
Jury Rejects Medical Monitoring Claim in Coal Dust Litigation
A West Virginia jury last week ruled in favor of defendant Massey Energy Co. in a class action accusing the company of exposing plaintiffs from an ele…
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Federal Court Grants Daubert Motion and Summary Judgment in Toxic Tort Cases
A federal court last week dismissed consolidated toxic tort suits brought against Alcoa Inc. and other defendants brought by employees of Lockheed Mar…
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California’s Proposed “Green Chemistry” Regulations Move Forward
California’s proposed “green chemistry” regulation took another step closer to completion last week, as the state Department of Toxic Substa…
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Court Excludes Toxic Tort Causation Testimony
A federal court has excluded plaintiffs’ expert testimony in litigation alleging personal injury and property damage from releases at a Midwest refine…
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Family Exposure Allegations Dismissed in Chemical Case
Readers of MassTortDefense recognize that one feature of the asbestos litigation is the co-called family or household exposure case, a form of by-stan…
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Summary Judgment In Benzene Case: Failure To Prove Dose
A federal court has granted summary judgment in a toxic tort suit in which plaintiff alleged he contracted a bone disease because of his long-term exp…
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Class Representative But Not Member Of The Class
The recent decision in Boyd v. Allied Signal, Inc., 2008 WL 4603401 (La.App. 1st Cir., October 17, 2008), illustrates a distressingly common feature o…
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Eighth Circuit Affirms Exclusion Of Causation Expert In Toxic Tort Case
The 8th Circuit has upheld the trial court’s decision that a plaintiff who alleged she was injured by drinking water from a bottle filled with f…
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Federal Court Weighs In On Exposure Element Of Toxic Tort Claim
A federal court has weighed in on the issue of exposure in a toxic tort property damages suit, denying summary judgment and finding the presence of vi…
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