Toxic Torts

Andrew Wheeler Shirking Responsibility for Asbestos and PFAS Chemicals

Andrew Wheeler Shirking Responsibility for Asbestos and PFAS Chemicals At his testimony before the Senate Appropriations Committee, EPA chief Andrew Wheeler refused to support the banning of the carcinogen asbestos. The EPA is doing a risk assessment on asbestos, and Senator John Tester asked when the substance would be banned, claiming the risk assessment is […]

Asbestos Manufacturer Liability Redefined by Supreme Court

Asbestos Manufacturer Liability Redefined by Supreme Court The Supreme Court has redefined the liability of a company under general maritime law for asbestos-related injuries caused by third party integrated parts. In the Air & Liquid Sys. Corp. v. Devries case the Supreme Court held that manufacturers need to warn users when their products contain other […]

Mon Valley Residents Upset About Fracking Site in Their Community

Mon Valley Residents Upset About Fracking Site in Their Community A proposed fracking site near U.S. Steel’s Edgar Thomson mill is causing problems for nearby residents. They have written two dozen statements and sent them to the state Department of Environmental Protection (DEP) opposing Merrion Oil and Gas drilling a well next to the mill. […]

Asbestos in Claire’s Makeup

Asbestos in Claire’s Makeup Earlier in March, makeup from Claire’s and Justice stores tested positive for asbestos, the carcinogen that causes mesothelioma and lung cancer. The Food and Drug Administration (FDA) tested makeup from both Claire’s and Justice and found asbestos in three of Claire’s products and one of Justice’s products. The products include: eye […]

Toxic Manganese Exposure and its Effects

Toxic Manganese Exposure and its Effects Manganese is a very useful and important element. It is used in the production of dry cell batteries, fuel additives, fungicides, paint, and adhesives. It is also used for steel production, the production of potassium permanganate (a disinfectant), the creation of glass and ceramics, matches and fireworks, welding rods, […]

Toxic Exposures Threaten Superfund Sites

Toxic Exposures Threaten Superfund Sites In 1980, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) was enacted in response to a growing numbers of hazardous waste sites that were releasing toxic chemicals and polluting the environment. The program known as Superfund was designed to clean up these hazardous sites by having the responsible parties […]

Doctrine of Strict Liability

In 1965, the American Law Institute published the second edition of Restatement of the Law of Torts and set into motion a special rule on strict liability, which states in Section 402A “One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability to […]

Asbestos Exposure Victims – the Bystander Effect

Asbestos Exposure Victims – the Bystander Effect With many of the asbestos manufacturers having gone bankrupt, many cases today rarely involve victims who were heavily exposed to asbestos (i.e., working with the product directly). Instead, studies have found that victims of asbestos-related illnesses such as mesothelioma, lung cancer, and asbestosis are a result of bystander […]

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