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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South Carolina Jury Awards Female Mesothelioma Claimant $29M in Cosmetic Talc Verdict

March 06, 2023

A Richland County, South Carolina jury awarded plaintiff Sarah Plant $29.14 million in damages for Plant’s diagnosis of mesothelioma stemming from her use of cosmetic talc products. The jury found talc supplier Whittaker Clark & Daniels (WCD) liable for Plant’s...

European Chemical Agency Proposes Restriction of PFAS Chemicals

March 01, 2023

The European Chemical Agency, or ECHA, announced the submission of a proposed restriction on per- or polyfluoroalkyl chemicals, commonly called PFAS. The proposal, slated for presentation to the European Commission in 2025, was drafted by representatives from the Netherlands, Germany,...

Opioid Pharma Chains Denied Delay Implementing Court-Ordered Changes

February 20, 2023

Last week, a federal judge in charge of opioid litigation ordered pharmacy chains to begin implementing new business practices after months of unsuccessful attempts to reach an alternative compromise. The changes were part of an injunction ordered by US District...

Bankruptcy Venue Reform Legislation Reintroduced in Congress

February 14, 2023

A bill requiring Chapter 11 bankruptcy cases be filed in states where the principal place of business or principal assets of the debtor are located was introduced into Congress on Feb. 14. Co-sponsors and U.S. Representatives Zoe Lofgren (D-CA) and...

J&J Seeks Appellate Reconsideration of Ruling Dismissing Talc Bankruptcy Case

February 13, 2023

LTL Management, Inc. filed a petition for a rehearing en banc with the U.S. Court of Appeals for the Third Circuit on Feb. 13, following the Third Circuit’s recent opinion dismissing LTL's talc bankruptcy case in New Jersey on grounds...

J&J And Vogue Move To Dismiss Class Action Alleging Benzene Exposure From Shampoo

February 08, 2023

Johnson & Johnson Consumer, Inc. and Vogue International LLC filed a motion Feb. 8 to dismiss an Illinois federal court class action alleging the companies sold a dry shampoo product that contained benzene. The defendants’ motion and accompanying memorandum argued...

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