Toxic Tort & Product Liability Quarterly

Volume 8, No. 2, May 8, 2015

LONE PINE CASE MANAGEMENT ORDERS

Sweeping Colorado Supreme Court Order Limits Lone Pine Approach

The Colorado Supreme Court issued a sweeping ruling that will limit, if not eliminate, Lone Pine-style case management orders in Colorado toxic tort cases.

Pennsylvania Federal Court Rejects Early Lone Pine Motion in Oil and Gas Nuisance Suit

A federal district court in Pennsylvania cautioned against premature Lone Pine motions in a ruling that may be instructive for future lawsuits involving oil and gas exploration and production operations.

CLASS ACTIONS

Pennsylvania Federal Court Strikes Class Allegations in Air Pollution Suit

Underscoring the requirement that class action plaintiffs clearly and objectively define the putative class without reference to the underlying merits of plaintiffs’ claims, a federal district court in Pennsylvania struck class allegations from a complaint in a suit against a power plant.

Missouri Appellate Court Rejects Evidentiary Hearing, Reinstates Asbestos Class Claims

Finding that only a narrow evidentiary review is appropriate when certifying a class under Missouri state law, a Missouri appeals court reversed a trial court’s decision to deny class certification in a suit alleging asbestos exposure.

MEDICAL MONITORING

California Federal Court Dismisses Medical Monitoring Claims for Lack of Plausible Cancer Risk

In a significant victory for defendants facing toxic tort exposure claims, a California federal court dismissed a medical monitoring putative class action brought by drinkers of certain Pepsi products because Plaintiffs failed to plead facts to support their claims that the products cause cancer in humans. 

TRESPASS

Texas Supreme Court Holds Plaintiffs Must Prove Lack of Consent in Trespass Suits

Potentially making it more difficult for plaintiffs to prevail on trespass claims in Texas, the Supreme Court of Texas held for the first time that a plaintiff bears the burden of proving the lack of consent in a suit for trespass.

STATUTE OF LIMITATIONS 

Louisiana Court Rules that Migration of Chemicals from Spill Not a “Continuing Tort”

In a case that may make it more difficult for plaintiffs to maintain years-old toxic tort cases in Louisiana, a state appellate court ruled that a 1983 chemical spill did not constitute a “continuing tort.”

EDITORS

Daniel M. Krainin

Principal

(212) 702-5417 Send e-mail

Graham C. Zorn

Associate

(202) 789-6024 Send e-mail

CONTRIBUTORS

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 .

Washington Office
1350 I Street, N.W.
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Washington, DC 20005
(202) 789-6000

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