On April 17, 2019, the United States Environmental Protection Agency (EPA) issued a final “significant new use rule” (SNUR) prohibiting over one dozen uses of asbestos from returning to the marketplace without EPA review and approval.
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Just weeks after a federal judge called the science behind the alleged carcinogenicity of glyphosate “shaky,” a California state court jury hammered Monsanto with a 289 million dollar verdict, blaming a former groundskeeper’s non-Hodgkin’s lymphoma on his exposure to a chemical. Read our full alert.
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On August 29, 2018, despite industry criticism, the California state legislature passed AB 2998, which will require that levels of chemical flame retardants in covered products be below 1,000 parts per million.
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In a move affecting retailers in the furniture and other wood-based industries, the EPA recently issued a series of amendments to its Final Rule implementing the Formaldehyde Standards for Composite Wood Products Act, which added Title VI to the Toxic Substances Control Act. The Formaldehyde Final Rule sets formaldehyde emissions standards for composite wood products and includes requirements for the testing, third-party certification, import certification and labeling of covered products by manufacturers of those products.
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On June 19, 2017, the U.S. Supreme Court announced important constitutional limitations on state courts’ ability to exercise specific jurisdiction over nonresidents’ claims against out-of-state defendants. The Court’s nearly unanimous decision in Bristol-Myers v. Superior Court has potentially far-reaching implications for companies facing claims brought by nonresident and resident plaintiffs in states in which those companies are neither incorporated nor maintain their principal place of business.
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On August 29, 2016, in Bristol-Myers Squibb v. Superior Court, the California Supreme Court left many retailers wondering what the 2014 decision in Daimler AG v. Bauman may mean for the exercise of specific jurisdiction in cases involving nationwide courses of business conduct affecting both resident and nonresident plaintiffs.
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Last month, the American Tort Reform Foundation (“ATRF”) released the 2015-2016 edition of its annual “Judicial Hellholes” report. Each year, the report identifies the venues it deems the least favorable for defendants and highlights notable pro-plaintiff rulings and practices in each jurisdiction.
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