Toxic Tort

$440 Million Award In First California Talcum Powder Trial

$440 Million Award In First California Talcum Powder Trial

Yesterday, a California jury returned a verdict against Johnson & Johnson in the amount of $417 million, ending a four week bellweather trial that marks the first case tried to verdict against Johnson & Johnson in which it was alleged that the company's talcum...

read more
Another Company Fined For Violation of Asbestos Laws

Another Company Fined For Violation of Asbestos Laws

The Massachusetts Attorney General’s Office recently obtained a preliminary injunction against Clean Air Environmental, Inc. for alleged violations related to the abatement, storage, and disposal of asbestos waste. In June, the Attorney General’s Office...

read more
Developer Fined $98,150 For Violating Asbestos Laws

Developer Fined $98,150 For Violating Asbestos Laws

The Massachusetts Department of Environmental Protection (MassDEP) fined developer Peninsula Home Builders, Inc. $98,150 for various asbestos violations found at a residential renovation project in Brookline, Massachusetts. MassDEP discovered the violations after...

read more
Supreme Court of Rhode Island Clarifies Damages Standard

Supreme Court of Rhode Island Clarifies Damages Standard

On March 27, 2017, the Supreme Court of Rhode Island issued a decision that provides a large measure of clarity to wrongful death damage recoveries. In O’Connell v. Walmsley, the Supreme Court of Rhode Island addressed the issue of whether the minimum recovery...

read more
EPA Releases First Asbestos Assessment

EPA Releases First Asbestos Assessment

As CMBG3 Law previously reported, on November 29, 2016 the EPA identified asbestos as one of the first ten substances that it will focus on for potential regulatory purposes. The EPA was given wider latitude and authority to test and regulate potentially harmful...

read more
GA Supreme Court Rules On Asbestos Take-Home Exposure

GA Supreme Court Rules On Asbestos Take-Home Exposure

Spouses, children, grandchildren, parents and others who claim that one of their relatives worked with or around asbestos-containing products, brought asbestos fibers home on their clothes, and that those fibers contributed to the development of an asbestos-related...

read more
“Each and Every” Theory Precluded In Asbestos Case

“Each and Every” Theory Precluded In Asbestos Case

A common refrain from plaintiffs’ experts in the asbestos litigation is that “each and every exposure” to asbestos fibers was a substantial contributing cause of a plaintiff’s asbestos-related disease.  Under this theory, it makes no difference whether a plaintiff was...

read more
EPA To Evaluate Asbestos Immediately

EPA To Evaluate Asbestos Immediately

The Frank R. Lautenberg Chemical Safety for the 21st Century Act (“Chemical Safety Act”) was signed into law by President Barack Obama in June of 2016 and amended the Toxic Substances Control Act (“TSCA”).  The Chemical Safety Act gives the Environmental Protection...

read more
Paint Companies Fight $1.15 Billion Lead Ruling

Paint Companies Fight $1.15 Billion Lead Ruling

Yesterday, paint manufacturer Sherwin-Williams Co. and two former lead pigment makers (ConAgra Grocery Products and NL Industries) argued to a California appellate court that a trial court’s ruling of $1.15 billion against the companies should be reversed. The...

read more
Two Lead Class Actions Revived By Sixth Circuit

Two Lead Class Actions Revived By Sixth Circuit

On July 28, 2017, the Sixth Circuit court revived two class action lawsuits regarding lead-contaminated drinking water in Flint, Michigan, finding that the Safe Drinking Water Act does not preempt the lawsuits from proceeding. The two lawsuits, Boler v. Earley and...

read more