Paul Majkowski and Lauren Russo authored, “Holding the Gate Against Talc Plaintiffs’ Experts: New Jersey Appellate Court Reverses Multi-Hundred Million Dollar Verdict,” for the October 2023 issue of IADC – Toxic and Hazardous Substance Litigation Newsletter.

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Paul Majkowski’s article, “MilSpecs, Wartime Production, and Ear Plugs: More Government Contractor Defense Observations” was published in the American Bar Association Mass Torts newsletter.

The article reviews how not every military connection or supply is sufficient to invoke the government contractor defense or serve as a basis for federal officer removal.

Majkowski states, “These examples

Paul Majkowski published an article in the Spring 2020 USLAW Magazine entitled, “Not Losing it in Translation Handling Cross-Border Litigation.”

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With the coronavirus outbreak continuing in China, significant new incidences being reported in South Korea and Italy, and stories of quarantines permeating the news, in addition to the catastrophic toll on human health, we are far from business as usual in many respects. In the U.S., a CDC official has now stated, “It’s not a

Paul Majkowski authored, “Is an East Coast Version of Prop 65 in Our Future,” for the November 2019 issue of IADC – Toxic and Hazardous Substance Litigation Newsletter.

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Paul Majkowski published an article in the American Bar Association’s Mass Torts Litigation section, “Boyle to Burn Pits and Beyond: A Government Contractor Defense Refresher.”

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Paul Majkowski authored an article in the American Bar Association’s Mass Torts Litigation Practice Points section, “Prop 65 Heads East?”

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Paul Majkowski wrote an article published in the American Bar Association Mass Torts Litigation Practice Points section, “PFAS Class Seeks Court Ordered “Independent Panel of Scientists.”

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Paul Majkowski published an article entitled, “Update on Glyphosate: The Roundup MDL General Causation Daubert Hearings,” in Mass Torts Litigation, a publication of the American Bar Association’s Section of Litigation.

The article discusses Judge Vince Chhabria’s comments in a Daubert hearing conducted on general causation as to non-Hodgkin’s lymphoma, which heard from a dozen witnesses.

To read

Paul Majkowski published an article in the American Bar Association – Mass Torts Litigation, “Update to In re: General Mills Glyposate Litigation.

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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

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

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

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

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.”

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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.

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,

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

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

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

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,

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

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

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

Paul Majkowski co-wrote an article in DRI’s For the Defense, “Thirty Years of Agent Orange Litigation.”

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© 2010 DRI. All rights reserved.

Paul Majkowski co-authored an American Bar Association article, “Using Statistical Analysis in Mass Toxic Tort Cases: Are the Courts a Century Behind Science.”

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Published in Mass Torts, Volume 7, Number 1, Fall/Winter 2009. © 2008 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion