Legal Resources
Workers Compensation PFAS Claims – Will Subrogation Apply?
Can workers’ compensation carriers bring subrogation actions for payments made to firefighters allegedly made sick from exposure to PFAS? A number of states have adopted statutory presumptions that the cause of firefighters’ cancers is from exposure to a host of...
North Carolina PFAS Lawsuit Alleges Fraud
On October 13, 2020, a significant North Carolina PFAS lawsuit was filed by North Carolina Attorney General Josh Stein filed suit against DuPont and Chemours for the discharge of per- and polyfluoroalkyl substances (PFAS) from Fayetteville Works. The complaint alleges...
PFAS In Food Limit Set By Europe – Will The U.S. Follow?
On September 17, 2020, the European Food Safety Authority (EFSA) announced the publication of the final version of its latest scientific opinion on the risk to human health from the presence of PFAS in food. The EFSA determined that a tolerable weekly intake (TWI)...
Climate Lawsuit To Be Heard By U.S. Supreme Court
The United States Supreme Court agreed to hear a Fourth Circuit climate lawsuit decision this month. The City of Baltimore brought a climate lawsuit seeking to hold Chevron, ExxonMobil, and other energy companies responsible for climate change-related damage to the...
Amazon Ruling Impacts Prop 65 Issues
The 2020 Prop. 65 Clearinghouse conference marked another year of thought-provoking discussion on the current state of Proposition 65 regulations and litigation. Although the Act is nearly 35 years old, trends in enforcement litigation and defenses are continuously...
Business Interruption MDL Created for One Insurer, Denied for Others
Efforts by some policyholders to consolidate ongoing insurance coverage lawsuits against four insurers into a business interruption MDL were upended this week when the U.S. Judicial Panel on Multidistrict Litigation denied their requests to consolidate cases, but...
Eviction Moratorium Extensions Nationwide
In our last report, we discussed the expected wave of eviction proceedings as a result of the pandemic, as nearly 40 million Americans are struggling to pay their rent and housing expenses. Since then, the Trump administration, operating through the Centers for...
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...
COVID Reopening Violations – Losses, Fines, and Liability
Businesses that frequently interact with customers and clients in person, such as restaurants, gyms and nail salons have been put on notice – follow local COVID-19 government orders or pay the price! Nusr-Et Boston, a new restaurant recently opened by social media...
Chlorpyrifos Regulatory Actions Closely Watched By Litigators
Chlorpyrifos is an insecticide that has been used since 1965 to protect crop fields (e.g., corn, soybeans, fruit trees) and used to protect golf courses and greenhouses. Chlorpyrifos insecticide products are sold as liquids, granules, powders. The EPA recommends that...
PFAS Ban In Cosmetics Is Precedent Setting Step In CA
We previously reported on the Toxic Free Cosmetics Act (Assembly Bill 2762) out of California, which was passed by the California legislature and sent to the Governor for signature or veto on August 30, 2020. Today, Governor Gavin Newsom signed the bill into law,...
PFAS Firefighting Foam Ban Passes In CA
Yesterday, California Governor Gavin Newson signed into law SB-1044 (Firefighting Equipment and Foam: PFAS Chemicals). The bill is in essence a PFAS firefighting foam ban and many environmentalists are heralding the bill as strong step forward in eliminating...