Legal Trends
Trials: How to Avoid an Outsized Percentage of Fault in Toxic Tort Cases
The problem: Most toxic tort trials involve only 1-2 defendants, despite the existence of evidence implicating numerous, even dozens, of other entities as contributing to the plaintiff’s exposure to a toxic substance. Because the trial defendant is the topic of the...
The Importance of Early Appellate Retention in High-stakes Litigation
As multi-million dollar verdicts rise across the country, a new trend is emerging among defendants and insurers: retaining appellate counsel prior to trial. Naturally, trial attorneys are responsible for preserving arguments for appeal. But devastating verdicts and...
DNA Software Meets the Daubert Standard According to the Third Circuit and Adds to the List of New Technologies Being Used at Trial
In one of the latest intersections between technology and the courtroom, the Third Circuit has ruled that a particular brand of probabilistic genotyping DNA software (TrueAllele) is reliable enough to be used at trial. In a world of ever evolving technology, it is...
Third-Party Lab Testing and the New Wave of Consumer Product Litigation: What Manufacturers Need to Know
A common thread connects a growing number of consumer product class actions filed over the past two years: in nearly every case, the lawsuit traces back to a test result generated by an outside laboratory or consumer advocacy organization. Adhesive bandages alleged to...
Hardwick PFAS Case and Potential Class of 11 Million People Is Back
We previously wrote several articles on the Hardwick v. 3M case that originated in Ohio state court and found its way to the Sixth Circuit Court of Appeals for interlocutory review. In the lawsuit, plaintiff Hardwick alleges that PFAS was absorbed into his...
Court Rebuffs EPA Efforts To Stay PFAS Drinking Water Legal Challenge
We have previously detailed the EPA’s efforts under the Biden Administration to regulate certain types of PFAS under the Safe Drinking Water Act (SDWA). In short, PFOA and PFOS would have a Maximum Contaminant Level of 4 ppt, and PFHxS, PFNA, HFPO-DA and certain...
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