Legal Resources
Clearing the Air On Talc – How Sound Science Must Guide Jurors In the Talc Litigation
More and more, especially in light of the onslaught of television ads regarding lawsuits and large verdicts, the word “talc” is a term less associated with baby powder and more with deadly toxic dust. In many ways, the media coverage of talc is similar to the decades...
PFAS Food Packaging Agreement Reached Between FDA and Manufacturers
In a press release published on July 31, 2020, the US Food and Drug Administration (FDA) announced that three manufacturers of products containing the specific per- and polyfluoroalkyl substance (PFAS) 6:2 fluorotelomer alcohol (6:2 FTOH) have agreed to voluntarily...
PFAS In Food Packaging To Be Banned In New York
On July 23, 2020, New York took a major step to become the third state in the country to ban the use of PFAS in food packaging. While not yet signed into law by Governor Cuomo, the New York State Legislature passed legislation (S.8817 and A.4739-C) that bans per- or...
New Hampshire Adopts Aggressive PFAS Drinking Water Bill
On July 23, 2020, Governor Sununu of New Hampshire signed into law a bill that sets maximum contaminant levels (MCLs) for four types of perfluoroalkyl substances (PFAS) in drinking water. The bill also sets aside $50 million in state funds for cleanup of sites...
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...
Maine Looks To Be First In Nation With PFAS Statute of Limitations
On July 28, 2020, a legislative committee in Maine heard public comment from interested parties regarding a bill (L.D. 2160) that, if enacted, would specifically carve out a provision in Maine law for a statute of limitations related to perfluoroalkyl substances...
First Look: Business Liability Protection in Senate Republican’s COVID-19 Relief Bill
On Monday, Senate Republicans unveiled legislation, the “HEALS Act,” to provide additional coronavirus relief aid as a follow up to the CARES Act passed in March. Unsurprisingly, the “L” stands for Liability Protection, something that GOP leaders have been pushing for...
Glyphosate Litigation Update
The glyphosate litigation seemingly ended last week with the news that the manufacturer of Roundup had agreed to a $10.9 billion dollar settlement agreement that applied to the majority the pending claims against it across the country (the settlement has not yet been...
PFAS Addressed In Federal Defense Spending Bill
The House Armed Services Committee (HASC) recently passed the annual spending bill for the Department of Defense, which included a number of new requirements to reduce PFAS use and remediate existing sites. Per- and poly-fluoroalkyl substances (“PFAS”) are a...
Michigan Enacts One of Toughest PFAS Drinking Water Limits
In a bill passed today, beginning on August 3, 2020, Michigan will have one of the strictest PFAS drinking water standards in the country. The rule also goes beyond the traditional PFOA and PFOS limits set by several other states, and sets limits for a total of seven...
New Lancet Study Argues PFAS Act Like Hormone Disruptors
On July 21, 2020, a new report in the journal The Lancet Diabetes and Endocrinology ("EDCs: time to take action” 21 July 2020, Lancet Diabetes & Endocrinology) argues the various types of chemicals, including certain PFAS, may be linked to human health problems...
Climate Events’ Damages Likely To Be Worse Due To Flood of Unemployment
With a high rate of unemployment due to Covid-19, people across the United States are looking for ways to save money. In some cases, this cost saving takes the form of reducing one’s personal insurance coverage. In the 2009 recession, the Insurance Research Council...