ECA Environmental & Product Liability Litigation Report

The Roux ECA team is pleased to introduce ECA’s Environmental & Product Liability Litigation Report, or ECA Blog, for our clients and other interested parties. The report will track emerging trends in environmental and mass tort litigation and provide information and commentary on tort and bankruptcy litigation rulings, legislation, state and federal environmental regulations, insurance coverage issues, and scientific and medical evidentiary matters.

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California Judge Finds Drugmakers Not Liable in Opioid Crises

November 01, 2021
In a landmark bench trial, a California state judge on Nov. 1 found that drugmakers are not liable for contributing to the opioid crisis. Orange County Superior Court Judge Peter J. Wilson released a 42-page tentative ruling rejecting claims brought...
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Georgia Talc Cases Dismissed After Plaintiff’s Talc Expert Fails To Prove Causation

October 28, 2021
A three-judge panel of a Georgia appellate court on Oct. 28 dismissed four talc cases after finding that a plaintiff’s medical expert failed to prove that talc exposure was the proximate cause of the plaintiff’s injuries. The Georgia Court of...
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Johnson & Johnson Files Unit for Bankruptcy to Resolve Talc Liabilities

October 14, 2021
LTL Management Inc. (LTL) filed for bankruptcy protection in the Western District of North Carolina on Oct. 14, seeking to resolve thousands of talc personal injury claims filed against it in state and federal courts around the country. LTL is...
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USEPA Expands Scope of TRI Reporting for Ethylene Oxide

October 13, 2021
The United States Environmental Protection Agency (USEPA) announced that it will be taking steps to advance transparency, environmental justice, and increase the public’s access to environmental information through its Toxic Release Inventory (TRI) program. As part of the announcement, the...
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Bankruptcy Judge in Imerys Talc Bankruptcy Eliminates More Than 15,000 Votes

October 13, 2021
WILMINGTON, DE – A bankruptcy judge overseeing the Imerys Talc America bankruptcy case issued an opinion on Oct. 13, throwing out the ballots of more than 15,000 claimants that had voted in favor of Imerys’ reorganization plan, effectively suspending a...
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EPA Expands PFAS Requirements Under TSCA

October 04, 2021
On September 26, the USEPA announced a new proposed reporting requirement regarding per- and polyfluorinated chemicals, or PFAS, that could have a substantial impact on businesses across industry sectors. The proposed new rule requires businesses that have manufactured or imported...
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