Toxic Tort

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As previously discussed here,  and here, the estate of Amanda Satterfield brought suit against Alcoa for her death from mesothelioma at the age of 25.  The suit alleged that her death was the result of secondhand exposure to asbestos clinging to her father’s work clothes, who was an Alcoa employee. 

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Read More Secondhand Asbestos Lawsuit Settled After Decision by Tennessee Supreme Court

Legislation recently introduced in the United States Senate could help homeowners haul foreign manufacturers of allegedly defective Chinese drywall into court.  The Foreign Manufacturers Legal Accountability Act of 2009, introduced by Senators Sheldon Whitehouse (D- RI), Jeff Sessions (R-AL) and Dick Durbin (D-IL), seeks to make it easier to bring foreign companies before American courts. 

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Read More Chinese Drywall – Senate Bill Could Facilitate Effecting Service of Process on Foreign Defendants

The Massachusetts Supreme Judicial Court recently held that where an insured “incurs covered costs as a result of ongoing environmental contamination occurring over more than one year and the insurer provided coverage for less than the full period of years in which contamination occurred,” the loss should be pro rated among all the insurers on the risk during the relevant period. …
Read More Massachusetts Highest State Court: Pro-Rata “Time-On-The-Risk” Allocation Method Applies to Ongoing Environmental Pollution Occurring Over Multiple Policy Periods

The United States Environmental Protection Agency (EPA) recently conducted comparative testing on drywall manufactured in China and the United States.  As reported here, here, and here, Chinese drywall emits fumes that allegedly smell like rotten eggs, cause health problems and corrode metal in thousands of new homes built between 2002 and 2007.  Complaints have been registered nationwide but are concentrated in the Southeast, particularly in Florida. 

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Read More Chinese Drywall – Environmental Protection Agency Releases Preliminary Test Results