April 26, 2012
477 Madison Avenue, 15th Floor
New York, NY 10022-5835
(212) 702-5414
477 Madison Avenue, 15th Floor
New York, NY 10022-5835
(212) 702 5417

                 

Contributors:
›  Ryan J. Carra
›  Daniel P. Berner
›  Edward M. Grauman
›  Toren M. Elsen

   

              
                       
For more information about our firm, please visit www.bdlaw.com.

  

                           

           
       

                     
               

Office Locations:
›   Washington, DC
›   Maryland
›   New York
›   New Jersey
›   Massachusetts
›   Texas
›   California

                       

          
         

             
             

      
           

 

I.    CLASS ACTIONS

Louisiana High Court Denies Class Certification For Low-Level Exposures

Striking a blow against the certification of class actions in low-level exposure cases, the Louisiana Supreme Court denied class certification in a mass tort action, holding that the plaintiffs failed to meet the predominance requirement

II.    EXPERTS 

New York Appellate Court Finds Plaintiffs in Toxic Mold Case Could Satisfy Frye Standard

Giving a potential boost to plaintiffs claiming injury due to toxic mold exposure, a New York appellate court held that the plaintiff-appellant’s toxic mold claims may meet the Frye standard of scientific reliability.

III.    PRODUCTS LIABILITY

Louisiana Appellate Court Finds Plaintiffs Need Not Own Property at Issue to Recover Damages

In a decision that may expand the duty owed by manufacturers and sellers in products liability actions, a Louisiana state appeals court held that buyers and processors of crawfish do not have to show ownership of the damaged property – in this case, crawfish – to maintain a viable products liability claim for economic loss.

California Appellate Court Rejects Tort Claims Against Component Part Suppliers

 In a decision that may help solidify toxic tort defenses for suppliers and manufacturers of intermediate goods, a California Appeals Court ruled that a metal worker could not hold component part suppliers liable for negligence or strict liability as a result of injuries allegedly sustained by his use of or exposure to their metal products.

IV.    LATENT INJURIES

Pennsylvania High Court Allows Two Actions For Distinct Malignant Diseases Related to Same Exposure

Expanding the application of Pennsylvania’s “two-disease” rule, the Supreme Court of Pennsylvania concluded that Plaintiff could bring separate lawsuits for more than one malignant disease that allegedly resulted from the same asbestos exposure.

V.    FEDERAL TORT CLAIMS ACT

First Circuit Dismisses Lawsuit by Plaintiffs Over Pollution from Navy Training Exercises

Deferring to the federal government’s discretion in matters of military policy, the U.S. Court of Appeals for the First Circuit dismissed tort claims brought by several thousand residents of the Puerto Rican island of Vieques who claimed they were harmed by hazardous and toxic waste emitted by the U.S. Navy during the several decades that it conducted training exercises on the island 

VI.    CLIMATE CHANGE

Pollution Clause Excludes Coverage for Damages Sought in Groundwater Contamination Case

In a decision that clarifies the broad scope pollution exclusions in certain insurance policies, the Seventh Circuit Court of Appeals affirmed a district court’s grant of summary judgment in favor of the insurance companies excluding coverage to their insured.
 
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