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 .
1350 I Street, N.W.
Washington, DC 20005
Striking a blow to toxic tort plaintiffs seeking to recover personal injury damages in the absence of physical injury, New York’s highest court ruled on December 17 that medical monitoring is not a separate cause of action under New York law.
Exercising its authority to address Daubert challenges at the class certification stage, the Southern District of West Virginia refused to certify proposed Plaintiff classes in a toxic exposure case because it found the expert testimony on which they relied to be inadmissible.
In a decision clarifying the threshold for admissible expert testimony regarding causation, a Pennsylvania court affirmed that a plaintiff’s expert must rely on a scientific basis, not simply his own subjective beliefs, to testify regarding a causal relationship between chemical exposure and cancer.
Reinforcing that each individual plaintiff must meet the jurisdictional minimum for federal removal, the Middle District of Louisiana remanded a chemical explosion personal injury case to state court.
In a victory for hydraulic fracturing operators that underscores the importance of contractual release agreements, the Fourth Circuit found surface owners’ trespass and negligence claims foreclosed by the plain language of such an agreement.
Following a two-week trial, a Missouri jury awarded a worker $28 million in damages after finding an employer negligently and fraudulently concealed the dangers of exposure to certain molds, microbes, and bacteria which allegedly caused a debilitating respiratory injury.
A California state court recently put a major manufacturing plant for the popular sriracha hot sauce on the hot seat recently, ordering it to cease emitting odors, and the potential for odors, that would violate its facility permit.