Toxic Tort & Product Liability Quarterly

Volume 7, No. 4, November 5, 2014

DAMAGES

New Jersey Landowner Forfeits Damages by Allowing Defendant to Remediate

In what may be a cautionary tale for owners of contaminated property, a New Jersey appellate court has ruled that a landowner forfeited any claim to property damages when he allowed the responsible party to perform remediation.

EXPERTS

Texas High Court Finds Expert Opinion on Stigma Damages Too Speculative

Clarifying when expert testimony on alleged diminution in property value becomes legally sufficient to support a so-called “stigma” claim, the Texas Supreme Court struck down a $350,000 jury verdict based on environmental contamination of Plaintiff’s property.

Third Circuit Affirms Dismissal of Toxic Tort Claims Based on Unreliable Experts 

Underscoring the importance of reliable expert methodology, the U.S. Court of Appeals for the Third Circuit upheld the dismissal of a personal injury suit based on unreliable expert testimony.

MEDICAL MONITORING

South Carolina Federal Court Allows RCRA Claim for Medical Monitoring

Finding that the medical monitoring relief requested by Plaintiffs would be primarily injunctive in nature, a federal district court in South Carolina denied Defendants’ motion to dismiss and allowed Plaintiffs’ request for medical monitoring under the Resource Conservation and Recovery Act (RCRA) to remain in the case.

VAPOR INTRUSION

Minnesota Federal Court Clarifies Pleading Standard in Vapor Contamination Case

In an opinion that may help clarify the jurisdictional and pleading requirements for plaintiffs seeking damages and injunctive relief for alleged injuries from vapor intrusion, the federal district court in Minnesota denied a Defendant’s motion to dismiss such claims.

PREEMPTION

Kentucky Federal Court Holds Tort Claims Not Preempted by Clean Air Act

State common law tort claims based on air emissions from a power plant are not preempted by the federal Clean Air Act, according to the U.S. District Court for the Western District of Kentucky.

EDITORS

Daniel M. Krainin

Principal

(212) 702-5417 Send e-mail

Mackenzie S. Schoonmaker

Associate

(212) 702-5415 Send e-mail

CONTRIBUTORS

  • Benjamin E. Apple
  • Margo B. Ludmer
  • Viktor A. Paschenko

Beveridge & Diamond’s 100 lawyers in seven U.S. offices focus on environmental and natural resource law, litigation and dispute resolution. We help clients around the world resolve critical environmental and sustainability issues, including the defense of toxic tort and product liability claims. Learn more at www.bdlaw.com .

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