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Toxic torts

Kirk v. Schaeffler Group USA, Inc.

The Eighth Circuit held that a lower court must hold a new trial with respect to a family's claims for punitive damages against a former manufacturing company for tricholorethylene contamination that allegedly caused their daughter to...

Boettcher v. Conoco Phillips Co.

The Tenth Circuit ruled that an Oklahoma citizen has no claim against an oil company on allegations that his cancer was caused by decades of breathing benzene fumes from its oil refinery near his home. In 2011, the man was diagnosed...

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...

Being Small in a Supersized World: Tackling the Problem of Low-Level Exposures in Toxic Tort Actions

Low-level toxic tort claims are challenging traditional tort notions of injury and causation. Low-level exposures form the basis of claims in both environmental contamination cases and toxic product liability actions and may involve...

Setting the Bar for “Injury” in Environmental Exposure Cases: How Low Can It Go?

On May 16, 2012, ELI convened a panel of experts to provide an overview and analysis of the tension between regulatory and common-law standards for injury in the context of toxic tort litigation. The speakers discussed and debated...

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...