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Toxic torts

Elazar v. Macrietta Cleaners, Inc.

A New Jersey appellate court affirmed a lower court decision that dismissed as untimely shop owners' lawsuit against a town for injuries they allegedly suffered due to chemical vapors emanating from leaking USTs. Although the USTs...

Kirk v. Schaeffler Group USA, Inc.

A district court held that an individual may go forward with her toxic tort claims against the successor to a manufacturing company that released trichloroethylene (TCE) into the environment near her childhood home. The plaintiff...

Antero Resources Corp. v. Strudley

The Colorado Supreme Court held that state law does not allow a trial court to issue a modified case management order, such as a "Lone Pine" order, that requires a plaintiff to present prima facie evidence in support of a claim...

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...

Baity v. General Electric Co.

A New York appellate court affirmed a lower court decision denying a company's motion for summary judgment in property owners' suit concerning damages arising from the discharge of trichloroethylene (TCE) into the ground from an...

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...

Anderson v. Dow Chem. Co.

The court affirmed a lower court's grant of summary judgment in favor of a chemical company in a lawsuit failed against it by approximately 600 former residents of a trailer park in Plaquemine, Louisiana, for groundwater contamination....