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Striking a blow against the certification of class actions in low-level exposure cases, the Louisiana Supreme Court denied class certification in a mass tort action, holding that the plaintiffs failed to meet the predominance requirement
Giving a potential boost to plaintiffs claiming injury due to toxic mold exposure, a New York appellate court held that the plaintiff-appellant’s toxic mold claims may meet the Frye standard of scientific reliability.
In a decision that may expand the duty owed by manufacturers and sellers in products liability actions, a Louisiana state appeals court held that buyers and processors of crawfish do not have to show ownership of the damaged property – in this case, crawfish – to maintain a viable products liability claim for economic loss.
In a decision that may help solidify toxic tort defenses for suppliers and manufacturers of intermediate goods, a California Appeals Court ruled that a metal worker could not hold component part suppliers liable for negligence or strict liability as a result of injuries allegedly sustained by his use of or exposure to their metal products.
Expanding the application of Pennsylvania’s “two-disease” rule, the Supreme Court of Pennsylvania concluded that Plaintiff could bring separate lawsuits for more than one malignant disease that allegedly resulted from the same asbestos exposure.
Deferring to the federal government’s discretion in matters of military policy, the U.S. Court of Appeals for the First Circuit dismissed tort claims brought by several thousand residents of the Puerto Rican island of Vieques who claimed they were harmed by hazardous and toxic waste emitted by the U.S. Navy during the several decades that it conducted training exercises on the island
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