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Recent Posts in Toxic Torts Category

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TOXIC TORTS: Tough on Talcum-Court sets Preferential Trial Date For Talcum Case

The judge overseeing California's coordinated docket for talcum powder cases has scheduled the first trial date, a significant event for companies and businesses that have talcum powder products. ...
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TOXIC TORTS: One Step Forward, Two Steps Back for Monsanto and Glyphosate

Two days after the European Chemicals Agency (ECHA) announced that glyphosate does not cause cancer, over forty California residents sued its developer, Monsanto Co., and one of its distributors, ...
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DuPont's Multi-Million Dollar Chemical Exposure Settlement

In February of 2017, DuPont reached terms on a $670.7 million settlement in resolution of 3,550 personal injury lawsuits by plaintiffs in Ohio and West Virginia. Chemours, a spin-off company of DuPont ...
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Expanding Liability To Take-Home Asbestos

The California Supreme Court has changed the legal landscape for California businesses with its recent decisions in Haver vs. BNSF Railway Co. , No. S219919 (Calif. Sup. Ct.) and Kesner v. S.C. ...
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TOXIC TORTS: EPA Seeks To Expand Nanoscale Reporting

The United States Environmental Protection Agency (EPA) recently submitted a final rule to the White House Office of Management & Budget that may impact chemical manufacturers nationwide, ...
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TOXIC TORTS: "Clear and Unreasonable" Changes to Prop 65

California’s Office of Environmental Health Hazard Assessment (“OEHHA”) recently adopted revisions to the “clear and reasonable” warning requirements of the Safe Drinking ...
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Litigation Watch: 1-Bromopropane

Recent investigation undertaken by U.S. governmental agencies has potentially planted the seed for an explosion of new litigation that would target products and industries that use the solvent known ...
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Sometimes When you Win, You Lose

On August 11, 2016, Defendants Lyondell Chemical Co., Equistar Chemicals LP and Equistar GP, LLC, (collectively “Defendants”) filed a notice of appeal with the U.S. District Court for the ...
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New Scientific Studies May Stir Up Trouble in Coffee Litigation

Over the past months Poole & Shaffery has followed the lawsuit brought by the Council for Education and Research on Toxics ("CERT"), A.K.A. Raphael Metzger of the Metzger Law Group, ...
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Webb v. Special Electric Co., Inc.: California Gets "Sophisticated" with Affirmative Defenses

In Webb v. Special Electric Co., Inc, et al. (Cal. Sup. Ct., Los Angeles Cty., Case No. BC436063; Appeals No. S209927), the California Supreme Court officially adopted the "sophisticated ...
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The Component Parts Doctrine as Molded by the California Supreme Court

The component parts doctrine still remains a valid defense in California. In Ramos v. Brenntag Specialities, Inc. (June 23, 2016, S218176) __ Cal.4th __( Ramos) , the California Supreme Court held ...
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Baby Powder Litigation: What are we TALCing about?

Recent multi-million dollar plaintiffs' verdicts against Johnson & Johnson in the State of Missouri have provided plaintiffs' attorneys across the nation with a blueprint for establishing ...
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First Major Update to Federal Chemical Safety Law in 40 years

On May 24, 2016, the U.S. House of Representatives passed the Frank R. Lautenberg Chemical Safety for the 21st Century Act (the "Act"), which is now before—and expected to be passed ...
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Starbucks Corp., et al. Lose another Major Battle in Cancer Warning Case

Over the past several months Poole & Shaffery has followed the lawsuit brought by the Council for Education and Research on Toxics ("CERT"), A.K.A. Raphael Metzger of the Metzger Law ...
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International Scrutiny of Monsanto's Herbicide Roundup Intensifies as More Lawsuits are Filed

On March 8, 2016, in the wake of mounting litigation over the health effect of exposure to Monsanto Co.’s best-selling herbicide product, Roundup, the European Union postponed a scheduled vote ...
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Every Bit Counts in Asbestos Litigation: Surprising Ruling on Exposure Theory Might be Boon for Plaintiffs

In Davis v. Honeywell International Inc. , plaintiff brought a wrongful death suit against a manufacturer of asbestos-containing brake lining after her father passed away from mesothelioma. In the ...
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Water Contamination Leads to Thousands of Personal Injury and Wrongful Death Lawsuits

Water contamination is once again in the national spotlight following a $1.6 million verdict in favor of the plaintiff in Bartlett v. E.I. du Pont de Nemours and Co., et al. (Bartlett), the first of ...
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New Test for Strict Liability Lawsuits Allows Evidence of Industry Custom and Practice

Traditionally, California law prevented parties in a strict liability products action from using a competitor's products to determine whether or not the product at issue was defective. However, ...
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Monsanto Fights Back Against Environmental Protection Agency Proposition 65 Classification

On January 21, 2016, Monsanto Co., makers of the popular herbicide Roundup, issued a preemptive strike and sued the state of California to seek an injunction to stop the state from including ...
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Victory Against Metzger Law Group Upheld by California Supreme Court

Poole & Shaffery's recent victory in the California Court of Appeal was recently affirmed by the California Supreme Court in Treatt USA, Inc. v. Superior Court of Los Angeles, review denied ...
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Court of Appeal Affirmatively Establishes the Components of the Component Parts Doctrine

A recent unanimous decision by a California appellate court reversed summary judgment in favor of a defendant in a benzene exposure case after finding that the defendant failed to satisfy the first ...
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Asbestos Lawyers Take on Benzene

In Hood v. E.I. du Pont de Nemours & Co., et al. , a Texas jury awarded a noticeably high verdict of $1.5 million in punitive damages and over $6.7 million in compensatory damages to Virgil Hood, ...
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Another Victory in the Court of Appeals against the Metzger Law Group

For easily the 75 th time in the last 10 years, Poole & Shaffery prevailed against the Metzger Law Group without paying a dime, this time after turning a trial court's denial of a motion for ...
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Court Rejects Coffee Sellers' Proposition 65 Defense That Acrylamide Posed No Significant Risk

The Council for Education and Research on Toxics ("CERT"), A.K.A. Raphael Metzger of the Metzger Law Group, filed a lawsuit against more than 90 coffee sellers alleging defendants' ...
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Enforcement of Proposition 65 Actions May Soon Become Less Profitable for Private Plaintiffs

California State Attorney General Kamala Harris recently proposed amending certain provisions of the state's Safe Drinking Water and Toxic Enforcement Act of 1986 (also known as "Proposition ...
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