Recent Publications - Paul V. Majkowski


Glyphosate and the Many Ramifications of an IARC Classification
May 30, 2017 | Complex Torts & Product Liability
As is frequently the case, a regulatory development or finding will serve as the impetus for activity in the realm of toxic tort. From the plaintiff’s perspective, the underlying science has been given the patina of credibility by the regulatory action; from the defense view, the regulatory action does not elevate the underlying science to …
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International Dioxin Developments
May 24, 2017 | General Liability | Commercial Litigation
Incineration at Issue in Ontario Town Government officials in a local town in Ontario, Canada, are having a public disagreement regarding the use of incinerators as a waste management tool. Greg Burns is the deputy mayor of Port Hope. He reportedly has written to the Ministry of Environment and Climate Change advocating a ban on …
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The Science of Dioxin
May 24, 2017 | General Liability | Commercial Litigation
Taiwan FDA Says It Found Dioxin in Only One Farm’s Eggs Taiwan’s Food and Drug Administration (“FDA”) has announced that eggs from only one farm in Changhua County contained excessive levels of dioxin. Background According to news reports, the Taiwan FDA recently found that the amount of dioxin in eggs coming from somewhere in Changhua …
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Dioxin Developments
May 24, 2017 | General Liability | Commercial Litigation
EPA Resuming Remediation at American Creosote Site The U.S. Environmental Protection Agency (“EPA”) is resuming its work to remediate the American Creosote Works, Inc., in Pensacola, Florida. Background The 18-acre American Creosote Works site is at 1800 West Gimble Street in Pensacola. Several businesses are located north of the site and residential areas, included in …
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The Science of Dioxin
April 27, 2017 | Complex Torts & Product Liability | Commercial Litigation
Korea Agency for Technology and Standards Finds No Dioxin in Pampers Diapers The Korea Agency for Technology and Standards has found no dioxin present in diapers manufactured by Procter & Gamble and sold by retailers in Korea. Retailers had withdrawn the diapers over a French consumer publication’s claim that it had detected dioxin in the …
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Dioxin in the Courts
April 27, 2017 | Complex Torts & Product Liability | Commercial Litigation
Lawsuit Seeks Update to Washington’s Clean Water Act Standards A lawsuit filed by an environmental group in a federal district court in the state of Washington contends that Washington’s aquatic life criteria “for many toxic pollutants” must be updated because the current rules violate the Clean Water Act (“CWA”). Background The lawsuit was filed by …
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International Dioxin Developments
March 27, 2017 | General Liability | Complex Torts & Product Liability
Dublin Incinerator Begins Operations An incinerator in Dublin, Ireland, developed by Covanta is expected to be fully operational by August. Background The Dublin Waste-to-Energy project is a public private partnership (“PPP”) between the Dublin city council and Covanta to provide a thermal treatment plant to treat municipal waste. Located in Poolbeg, in Dublin Port, the …
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Dioxin: Legislative Developments
March 27, 2017 | General Liability | Complex Torts & Product Liability
Congressmen Ask Federal EPA to Determine if Hackensack River Should Be Added to Superfund List Following reports of elevated pollution levels in the Hackensack River from recent sediment samples, Congressmen Josh Gottheimer (NJ-5) and Bill Pascrell (NJ-9) sent a letter to the Environmental Protection Agency (“EPA”) urging it to finalize its review of the site …
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International Dioxin Developments
February 16, 2017 | Complex Torts & Product Liability | Commercial Litigation
Decision on Cork Harbour Incinerator Expected by March 22 The authorities reviewing a proposal for a €160 million municipal and hazardous waste incinerator in Cork Harbour, Ireland, are expected to issue a decision by March 22. Background Indaver, which is a waste management company, submitted an application to An Bord Pleanála, the Cork County governing …
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The Science of Dioxin
February 16, 2017 | Commercial Litigation | Complex Torts & Product Liability
“Little Health Risk” from PCDD/Fs in Food in China, Paper Finds The Journal of Environmental Sciences has published a scientific paper that found “little health risk” from polychlorinated dibenzo-p-dioxins and dibenzofurans (“PCDD/Fs”) in food in China. Background The paper, entitled “Patterns and dietary intake of polychlorinated dibenzo-p-dioxins and polychlorinated dibenzofurans in food products in China,” …
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New Nanotechology Rule and Handling Toxic Torts
January 31, 2017 | Complex Torts & Product Liability
After a wait of more than 10 years, on January 12, 2017, the EPA issued its final rule relating to reporting requirements under TSCA for nanoscale chemicals, being the agency’s first time in requiring such reporting. We will not attempt to set out the particulars of the reporting requirements (e.g., what substances are reportable under the rule …
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International Dioxin Developments
January 25, 2017 | Commercial Litigation | Complex Torts & Product Liability
Dioxin Clean-Up to Begin at New Zealand’s Kopeopeo Canal Authorities in a New Zealand town have awarded a contract to a consortium led by Auckland-based EnviroWaste Services Limited to remove sediment containing dioxin from a 5.1 kilometer section of the Kopeopeo Canal. Background The Kopeopeo Canal was built during the 1920s to convey drainage and …
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Dioxin: Legislative Developments
January 25, 2017 | Complex Torts & Product Liability | Commercial Litigation
Proposed Constitutional Amendment on Natural-Resources Damages Set for Vote in New Jersey The New Jersey legislature has approved a resolution that allows voters to vote on a constitutional amendment that, if adopted, would limit the ability of the state to use funds received in settlement of certain environmental actions for general budgetary purposes. The resolution …
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International Dioxin Developments
December 20, 2016 | Complex Torts & Product Liability
Vietnam’s Environmental Standards Under Review Regulators in Vietnam are examining the country’s environmental standards and expect to complete their review by the end of 2017, according to published reports. Background Dr. Tran The Loan, the former head of the pollution control agency under the Ministry of Environment and Natural Resources’ General Department of Environment, told …
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Dioxin: State Developments
December 20, 2016 | Complex Torts & Product Liability
$53 Million in Passaic River Settlement Proceeds Awarded for Local Projects New Jersey is awarding more than $53 million in grants to communities within the watershed of the lower Passaic River and the Newark Bay complex in an effort to improve public access and restore wetlands ecosystems. Natural Resource Damage Settlement The grants are the …
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The Science of Dioxin
November 21, 2016 | General Liability | Complex Torts & Product Liability
Research Claims to Link Exposure to PCBs, Diet, and Cardiovascular Disease Researchers at the University of Kentucky Superfund Research Program (“UK SRP”) Center have identified what they characterized as a new mechanism linking exposure to polychlorinated biphenyls (“PCBs”) and cardiovascular disease (“CVD”). The researchers said that they revealed that PCBs can lead to increased production …
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International Dioxin Developments
November 21, 2016 | General Liability | Complex Torts & Product Liability
Hong Kong Center for Food Safety Announces Latest Test Results on Hairy Crabs The Centre for Food Safety (“CFS”) of the Food and Environmental Hygiene Department in Hong Kong has stepped up surveillance on hairy crabs and has reported that the total level of dioxins and dioxin-like polychlorinated biphenyls (“PCBs”) in one sample taken at …
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Dioxin: Regulatory Developments
October 24, 2016 | Complex Torts & Product Liability | Commercial Litigation
EPA Issues ROD Regarding $11 Million Cap Remedy for Standard Chlorine Chemical Superfund Site in New Jersey The U.S. Environmental Protection Agency (“EPA”) has issued a record of decision (“ROD”) setting forth its plan to remedy contamination at the Standard Chlorine Chemical Company, Inc. (“SCCC”) Superfund site (the “SCCC Site”) in Kearny, New Jersey, along …
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Dioxin: Regulatory Developments
September 23, 2016 | Complex Torts & Product Liability | Commercial Litigation
EPA Proposes to Cap Kanawha River Site The U.S. Environmental Protection Agency (“EPA”) has released an engineering evaluation and cost analysis (“EE/CA”) for the Kanawha River site, in Nitro, West Virginia (the “Site”) that proposes to cap the Site. Background In March 2004, the EPA and Monsanto Company entered into an administrative order on consent …
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The Science of Dioxin
August 22, 2016 | Complex Torts & Product Liability | Commercial Litigation
Taipei Medical University Doctor Claims Dioxin is Linked to Premature Ovarian Failure A physician from Taipei Medical University reportedly suspects that an increase in “premature ovarian failure” is due to increased exposure to environmental pollutants such as dioxin. A recent news story in The Taipei Times asserted that physicians from Taipei Medical University had found …
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Speaking With: Len Rivkin
August 22, 2016 | Complex Torts & Product Liability | Commercial Litigation
Leonard L. Rivkin, the founding partner of Rivkin Radler, has decades of experience as national trial counsel in high profile, landmark, and precedent-setting cases. Len served as lead counsel on the Agent Orange class action suit and was national coordinating counsel for a major asbestos manufacturer in claims against the United States and the company’s …
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Dioxin: Legislative Developments
July 20, 2016 | Complex Torts & Product Liability | Commercial Litigation
Updated Toxic Substances Control Act Will Have Broad Impact on Chemical Manufacturers, Other Businesses, and Consumers An update to the federal law known as the Toxic Substances Control Act has been passed by Congress and signed into law by President Obama. Among other things, the new law, known as the Frank R. Lautenberg Chemical Safety …
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International Dioxin Developments
June 21, 2016 | Complex Torts & Product Liability | Commercial Litigation
Decision on Proposed Waste-to-Energy Facility in Ireland Is Expected in July A decision on a proposal to develop a waste-to-energy facility in Ireland is expected in July. Background Indaver Ireland has proposed to develop a 240,000 ton waste-to-energy facility in Ringaskiddy, County Cork, Ireland, known as the Ringaskiddy Resource Recovery Center. This would be Ireland’s …
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The Science of Dioxin
June 21, 2016 | Complex Torts & Product Liability | Commercial Litigation
FAO and WHO Determine That Glyphosate Is Unlikely to Pose Carcinogenic Risk to Humans from Exposure through Diet The Food and Agriculture Organization of the United Nations (“FAO”) Panel of Experts on Pesticide Residues in Food and the Environment and the World Health Organization (“WHO”) Core Assessment Group on Pesticide Residues have determined that glyphosate …
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Dioxin in the Courts
May 23, 2016 | Complex Torts & Product Liability | Commercial Litigation
Glyphosate Makes Quaker Oats’ “100% Natural” Claims False, Proposed Class Actions Assert Proposed consumer protection class action lawsuits filed in federal courts in New York and California against The Quaker Oats Company contend that its oatmeal products are not “100% Natural” and that its oats are not grown using “eco-friendly” methods that pose “less risk …
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The Science of Dioxin
May 23, 2016 | Complex Torts & Product Liability | Commercial Litigation
Study Finds That Levels of PCDD, PCDF, and PCBs Generally Have Decreased Over Past Decade The levels of polychlorinated dibenzo-p-dioxin (“PCDD”) and polychlorinated dibenzofuran (“PCDF”) as well as polychlorinated biphenyl (“PCB”) in foodstuffs have decreased over the past decade in many countries, according to a paper in press with the Journal of Food and Drug …
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Dioxin: Regulatory Developments
April 22, 2016 | Complex Torts & Product Liability | Commercial Litigation
EPA Proposes to Remove Missouri Property from NPL The U.S. Environmental Protection Agency (“EPA”) Region 7 has issued a “Notice of Intent to Delete” an eight acre area known as the Callahan property, Operable Unit 3 (“OU3”) (Parcel ID 22U220242), of the Ellisville Superfund Site located in Wildwood, Missouri, from the National Priorities List (“NPL”). …
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The Science of Dioxin
March 22, 2016 | Complex Torts & Product Liability | Commercial Litigation
Paper Claims that IUL TCDD Exposure Sensitized Mice to Urinary Tract Dysfunction A study published in the journal Toxicological Sciences reportedly has found that in utero and lactational (“IUL”) exposure to 2,3,7,8-tetrachlorodibenzo-p-dioxin (“TCDD”) sensitized genetically-susceptible mice to exogenous-hormone-induced urinary tract dysfunction later in life. The Paper The authors of the paper, “In utero and Lactational TCDD …
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International Dioxin Developments
February 17, 2016 | Complex Torts & Product Liability | Commercial Litigation
Halalt First Nation Alleging Dioxin Pollution by Canadian Paper Mill On February 1, 2016, Halalt First Nation filed a notice of a civil claim in the Supreme Court of British Columbia against Catalyst Paper, British Columbia, and Canada, alleging that they had failed to protect Halalt’s Aboriginal Rights and title from the “toxic effects of …
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Dioxin: Legislative Developments
February 17, 2016 | Complex Torts & Product Liability | Commercial Litigation
Ann Arbor City Council Adopts Resolution Revamping Water Standards The city council in Ann Arbor, Michigan, has unanimously passed a resolution calling on the Michigan Department of Environmental Quality (“DEQ”) to adopt new standards for groundwater and soil cleanup that would include reducing the permissible levels of 1,4 Dioxane to 3.5 parts per billion (“ppb”) …
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International Dioxin Developments
January 27, 2016 | Complex Torts & Product Liability
American University of Beirut Study Claims High Carcinogen Levels Are Near Open Waste Dump Fires Researchers in Lebanon are reporting increased levels of dioxins and polycyclic aromatic hydrocarbons (“PAHs”) in the air as a result of the burning of trash in open fires. Background The rising number of waste dumpsites in Lebanon in the absence …
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The Science of Dioxin
December 27, 2015 | Complex Torts & Product Liability
Paper Proposes “Key Characteristics” of Carcinogens – Epidemiological Evidence Not Required A paper published in “Environmental Health Perspectives” entitled, “Key Characteristics of Carcinogens as a Basis for Organizing Data on Mechanisms of Carcinogenesis,” has proposed 10 key characteristics that, it said, are “commonly exhibited by established human carcinogens.” Background The paper is by Martyn T. …
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Dioxin in the Courts
October 31, 2015
New Jersey Group Files FOIA Suit Against EPA Relating to Diamond Alkali Superfund Site A lawsuit has been filed in the U.S. District Court for the District of New Jersey against the U.S. Environmental Protection Agency (“EPA”) under the federal Freedom of Information Act (“FOIA”). The plaintiff is seeking agency records related to the proposed …
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The Science of Dioxin
September 30, 2015 | Appeals | Complex Torts & Product Liability
Texas Panel Recommends Against San Jacinto River Cancer Cluster Studies A panel convened by the Texas Department of State Health Services has recommended that there should not be any studies to determine if there are cancer clusters near the San Jacinto River. The panel determined that there were insufficient cancer diagnoses to conclude that they …
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Dioxin: Legislative Developments
August 31, 2015
Minnesota Congressman Introduces Bill to Extend Deadline of 1991 Agent Orange Act Congressman Tim Walz (D-MN) has introduced the Agent Orange Extension Act of 2015, which would extend the original deadline of the Agent Orange Act of 1991 (the “AOA”) – September 30, 2015 – for two more years. The AOA established a presumption of …
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International Dioxin Developments
July 31, 2015 | Appeals | Complex Torts & Product Liability
Monsanto Empanels Group to Review IARC Classification of Glyphosate Earlier this year, the International Agency for Research on Cancer (“IARC”) classified the herbicide glyphosate as “probably carcinogenic to humans” (Group 2A). Now, Monsanto is reportedly forming a panel of scientists to review the analysis of the IARC, the specialized cancer agency of the World Health …
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The TSCA Modernization Act of 2015: Assuring High Quality Science
July 31, 2015
With the Toxic Substances Control Act (TSCA), the primary federal chemical safety law, approaching its 40thyear, all of its constituents (industry, consumers and regulators) are in agreement that it needs to be modernized, albeit with some disagreement as to the particular contours of such reform. Present Legislative Status Earlier attempts at TSCA reform having failed …
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International Dioxin Developments
June 30, 2015
IARC Classifies 2,4-D in “Group 2B” The International Agency for Research on Cancer (“IARC”), the specialized cancer agency of the World Health Organization, has evaluated the alleged carcinogenicity of the herbicide 2,4-dichlorophenoxyacetic acid (“2,4-D”) as well as insecticides gamma-hexachlorocyclohexane (“lindane”) and dichlorodiphenyltrichloroethane (“DDT”). A 26-member working group from 13 countries convened by the IARC Monographs …
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International Dioxin Developments
May 31, 2015
U.N. and Viet Nam Announce Conclusion to Environmental Remediation Program Viet Nam’s Office of National Steering Committee and the U.N. Development Programme (“UNDP”) in Viet Nam have announced that dioxin-contaminated soil has been removed from the Phu Cat airbase in the Binh Dinh province. The project was implemented in 2010 with more than US$5 million, …
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Managing Product Liability in the Chemicals Sector
March 31, 2015 | Complex Torts & Product Liability
Paul Majkowski, a Partner in the Firm’s Litigation & Appeals Practice Group, participated in a mini-roundtable article entitled, “Managing Product Liability in the Chemicals Sector.” Please click the link below to view the Article. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download …
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Carnaby v. Goodyear Offers a New Jurisdictional Twist
February 25, 2015 | Complex Torts & Product Liability | Appeals
AMERICAN BAR ASSOCIATION – SECTION OF LITIGATION – MASS TORTS   The Carnaby v. Goodyear Tire and Rubber Co. action involving purported toxic workplace exposures in France presents something of a new strategic paradigm for the U.S. jurisdictional restrictions evolving out of the Daimler/Kiobel/Goodyear Dunlop line of cases. Carnaby v. Goodyear Tire and Rubber Co., No. …
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International Litigation of Product Liability Claims
October 31, 2014 | Complex Torts & Product Liability | Appeals
Paul Majkowski and Lawrence Han authored an article entitled, “International Litigation of Product Liability Claims: Korea,” which was published in the November 2014 issue of DRI For the Defense. Please click the link below to read “International Litigation of Product Liability Claims.” Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, …
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NY High Court Rejects Cause of Action for Medical Monitoring
January 14, 2014 | Complex Torts & Product Liability | Appeals
AMERICAN BAR ASSOCIATION – MASS TORTS & DEVELOPMENTS In a December 17, 2013, decision, the New York Court of Appeals refused to adopt an independent equitable cause of action for medical monitoring by a four-to-two vote in Caronia v. Philip Morris USA, Inc., No. 227 (N.Y. Dec. 17, 2013). The decision resolved a split among …
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New Standards for Medical Monitoring and Fear of Cancer Claims
April 1, 2013 | Complex Torts & Product Liability | Appeals
AMERICAN BAR ASSOCIATION – MASS TORTS & DEVELOPMENTS Exxon Mobil Corp. v. Ford No. 16, Sept. Term 2012 (Md. Feb. 26, 2013) The Court of Appeals of Maryland has adopted standards for medical monitoring and fear-of-cancer claims in a pair of companion decisions regarding alleged exposure to methyl tertiary-butyl ether (MTBE) and benzene arising out …
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Foreign Parallel Proceedings from the United States Perspective: Do the Courts Need a Crystal Ball?
July 31, 2012 | Complex Torts & Product Liability | Appeals
Please click the link below to view Foreign Parallel Proceedings From the United States Perspective: Do the Courts Need A Crystal Ball? Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install. Foreign Parallel Proceedings From the United States Perspective: Do the …
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The Recognition of “Ordinary” Mass Toxic Torts
May 21, 2012 | Appeals
Please click the link below to view The Recognition of “Ordinary” Mass Toxic Torts. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install. The Recognition of “Ordinary” Mass Toxic Torts   Reprinted with permission from the Mass Torts Litigation Spring 2012, …
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New York Places Burden On Design Defect Defendant To Show the Infeasibility of An Alternative Design On Summary Judgment
August 22, 2011 | Complex Torts & Product Liability | Appeals
Please click the link below to view New York Places Burden On Design Defect Defendant To Show the Infeasibility of An Alternative Design On Summary Judgment. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install. New York Places Burden On Design …
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Injunction Against Seeking Recognition of an Ecuadorian Judgment
May 23, 2011 | Appeals
The long-running controversy over Ecuadorian claims of pollution of the Amazonian rain forest allegedly resulting from petroleum operations conducted between 1964 and 1992 recently took an interesting turn.   On March 7, 2011, the United States District Court for the Southern District of New York entered an order enjoining a set of “Lago Agrio” plaintiffs from …
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Rigorous Gatekeeping: Requiring a Full Daubert Analysis
August 11, 2010 | Appeals
Please click the link below to view Rigorous Gatekeeping: Requiring a Full Daubert Analysis. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install. Rigorous Gatekeeping: Requiring a Full Daubert Analysis Reprinted with permisson from DRI – The Voice of the Defense …
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An Association Does Not Equal Causation
July 31, 2010 | Appeals
Please click the link below to view An Association Does Not Equal Causation. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install. An Association Does Not Equal Causation …
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