Toxic Tort

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Historically, builders used drywall (a/k/a sheetrock, gypsum board or wallboard) that was manufactured in the United States for residential construction.  However, during the construction boom years of 2002-2007, a shortage of domestic drywall forced many builders to purchase product that was manufactured in China. 

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Read More Chinese Drywall– Florida Department of Health Finds Corrosive Compound

In the recent case of Downs v Secretary of State for Environment, Food and Rural Affairs [2008] EWHC 2666 Mr Justice Collins was asked to consider whether the defendant was complying with EC Directive (91/414/EEC) (the Directive) which was implemented in the UK by the Plant Protection Products Regulations 2005. …
Read More UK: High Court’s Decision Regarding Crop Spraying May Open the Way to New Personal Injury Liability

On Friday 21 November the High Court is expected to publish its keenly awaited decision in the asbestos employers’ liability “trigger” test cases, which will decide which employers’ liability policies should respond to asbestos claims. 

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Read More UK: Asbestos Trigger Judgment Expected as Public Warned of the “Hidden Killer”

On 26 June 2008 we reported that the Scottish Parliament had proposed a bill to reinstate compensation for individuals who have pleural plaques, thereby reversing in Scotland the effect of the House of Lord’s decision in Johnston v NEI International Combustion. The Justice Committee of the Scottish Parliament have now issued their report regarding the Bill. …
Read More UK: Further Support for Scottish Pleural Plaques Bill

A Pennsylvania federal court recently ruled that a group of defendant insurers in an asbestos coverage case would not be permitted to join a number of additional insurers as defendants in the action as their request for joinder was untimely. 

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Read More Pennsylvania Federal Court Bars As Untimely Insurers’ Attempt to Join Additional Insurers in Asbestos Coverage Case

In James River Ins. Co. v. Ground Down Engineering, Inc., No. 07-13207 (11th Cir. August 20, 2008), the Eleventh Circuit Court of Appeals recently ruled that a Florida state appellate court erred by refusing to give effect to an absolute pollution exclusion in a professional liability policy. …
Read More Environmental Claims – 11th Circuit Applies Absolute Pollution Exclusion