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Evidentiary standards

Shanley v. Chalmette Refining, LLC

A district court dismissed four individuals' claims that the emission of hydrogen sulfide (H2S) and sulfur dioxide (SO2) from an oil refinery in Chalmette, Louisiana, caused them a variety of physical and mental damages. The toxic tort...

Pluck v. BP Oil Pipeline Co.

The Sixth Circuit affirmed a lower court decision excluding expert witness testimony in homeowners' toxic tort case...

Wilcox v. Homestake Mining Co.

The Tenth Circuit affirmed a lower court decision dismissing individuals' Price Anderson Act lawsuit against a mining company for injuries allegedly caused by their exposure to radiation from the company's uranium mill in New Mexico....

Wilcox v. Homestake Mining Co.

A district court dismissed the claims of the three remaining plaintiffs in a toxic tort case arising from the alleged release of radioactive and other hazardous substances from a uranium mill in New Mexico. The plaintiffs, current and...

Smith v. Carbide & Chems. Corp.

The Sixth Circuit reversed and remanded summary judgment for defendants on plaintiffs' claims of intentional trespass, permanent private nuisance, and strict liability based on alleged soil and groundwater contamination of their real...

Mattis v. Carlon Elec. Prods.

The court approves a district court award of damages to an individual who was diagnosed with reactive airways dysfunction syndrome (RADS) after inhaling cement fumes. The court first holds that the expert testimony offered by the...

Hanford Nuclear Reservation Litig.

The court holds that a district court erred in granting summary judgment to a nuclear facility operator sued by individuals for injuries allegedly arising out of their exposure to radioactive emissions from the facility. The district...

Bonner v. ISP Technologies, Inc.

The court affirms a district court decision upholding a jury verdict ordering the manufacturer of an organic cleaning solvent to pay an assembly line worker $2.2 million in damages for injuries she sustained after being sprayed with the...

Kennedy v. Southern Cal. Edison Co.

The court reverses and remands a district court decision dismissing a wrongful death action brought by the deceased's family and holds that a special jury instruction should have been given allowing for the possibility that exposure to...

Heller v. Shaw Indus., Inc.

The court holds that a district court properly excluded homeowners' expert testimony in a case alleging that volatile organic compounds (VOCs) emitted by a manufacturer's carpeting caused homeowners' respiratory illnesses. The court...