In asbestos-related litigation involving cases of lung cancer, the question of whether asbestos was a cause in the development of the plaintiff’s lung cancer is nearly always hotly contested. Cancers are caused by mutations that may be inherited, induced by...
Asbestos
Ye Be Warned: Do Not Rely On Mere Presumptions
EPA’s New Asbestos Determination May Upend Decades of Science and Impact Litigation
The word “asbestos” is a term colloquially known as a hazard. Below the surface, though, while the average person knows from television ads that they may be entitled to compensation if they are exposed to asbestos, they almost surely do not know that asbestos is a...
EPA’s Asbestos Problem: Pending Litigation and Draft Risk Evaluation
Multiple States’ Attorneys General and asbestos advocacy groups are suing EPA in the Federal District Court for the Northern District of California[1]. The plaintiffs are seeking judicial intervention concerning EPA “arbitrary and capricious” decision to deny states’...
EPA Science Panel Will Impact Asbestos Regulations
On October 1, 2020, the EPA announced the nominees for the approximately 15 additional spots on the TSCA Scientific Advisory Committee on Chemicals (“SACC”). SACC is a group of experts chosen by the EPA to “provide independent scientific advice and recommendations to...
Arizona Supreme Court Rejects Asbestos Take Home Liability
In yet another example of a Court refusing to extend a legal duty to defendants in an asbestos take home exposure case, the Arizona Supreme Court upheld a defendant's motion for summary judgment and rejected plaintiff's argument that a company's legal duty extends to...
EPA Seeking Public Comment On Draft Risk Evaluation For Asbestos
The Environmental Protection Agency is seeking public comment on its Draft Risk Evaluation on Asbestos. Finalizing this assessment is the next step in its evaluation of the risks associated with asbestos, a review it is authorized to do by the Toxic Substances Control...
EPA Releases New Asbestos Rule
The U.S. Environmental Protection Agency (“EPA”) promulgated a new rule in April of 2019, under the Toxic Substances Control Act (“TSCA”), requiring EPA review before any discontinued uses of asbestos can be reintroduced into the marketplace. This new rule restricts...
Luis Barba Wins Oral Argument For MSJ in California
Luis Barba of CMBG3’s Orange County office successfully argued a motion for summary judgment on behalf of one of our clients in the asbestos litigation, asserting that the plaintiffs had failed to establish through admissible evidence that CMBG3’s client had caused...
Gilliam Stewart Wins Oral Argument For MSJ in California
Gilliam Stewart of CMBG3’s San Francisco office successfully argued a motion for summary judgment on behalf of one of our clients in the asbestos litigation, asserting that the decedent's heirs’ action was time-barred under the applicable one-year statute of...