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Eleventh Circuit Upholds Verdict in “Take-Home” Asbestos Case

Last week, the Eleventh Circuit considered a “take-home” asbestos case.  Following a worker’s death from asbestos-induced lung cancer, the worker’s spouse was diagnosed with malignant pleural mesothelioma.  Prior to her death, she filed suit against her husband’s employer alleging that washing her husband’s clothes for 20-plus years had exposed her...

Nuisance and Negligence Claims Against Michigan Oil Refinery Are Time-Barred

The U.S. District Court for the Eastern District of Michigan dismissed a putative class action claiming harm from emissions of oil refinery contaminants.  The Plaintiffs claimed the Detroit refinery was liable under private nuisance, negligence, and strict liability theories.  Plaintiffs, who lived near the refinery, alleged that the refinery released dangerous toxins into their...

OSHA Requiring Engineering Controls To Minimize Workers’ Silica Dust Exposure

The Occupational Safety and Health Administration (OSHA) issued a final rule targeting silica dust exposure.  The rule reduces the permissible exposure limit (PEL) for respirable crystalline silica to 50 micrograms per cubic meter of air, averaged over an 8-hour shift.  The rule also requires employers to use engineering controls to limit worker exposure, provide respirators when...

Negligence Limitations Period Not Triggered By Date of Explosion in Arkansas Nitric Acid Case

Following a 2012 explosion at a nitric acid plant in Arkansas, the owner of the plant brought suit against two subcontractors alleging that their negligence caused the explosion.  The subcontractors had performed their work in 2011.  Specifically, the owner alleged that the subcontractors “(1) failed to properly and thoroughly clean the interior of replacement oxygen piping...

Expert Neurologist And Real Estate Broker’s Opinions Excluded In Manganese Contamination Case

In a case in which plaintiffs allege a steel mill’s slag processing operations have resulted in dangerous levels of manganese being released onto their property, the U.S. District Court for the Northern District of Ohio concluded yesterday that two of the plaintiffs’ proposed experts cannot testify. First, the plaintiffs’ expert neurologist intended to testify that...

Court Declines To Certify Damages Class In West Virginia Water Contamination Case

In the litigation following the interruption of the Charleston, West Virginia water supply caused by a leaking chemical storage tank in January 2014, the U.S. District Court for the Southern District of West Virginia ruled yesterday that the plaintiffs could certify a class for determining liability, but refused to certify a class for purposes of establishing damages. The plaintiffs...

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