Recent Publications - Paul V. Majkowski


Majkowski’s Glyphosate Update Published in ABA’s Mass Tort Litigation
April 4, 2018 | Paul V. Majkowski | Complex Torts & Product Liability
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 …
Read More
Update to In Re: General Mills Glyphosate Litigation
August 31, 2017 | Paul V. Majkowski | Complex Torts & Product Liability
Paul Majkowski published an article in the American Bar Association – Mass Torts Litigation, “Update to In re: General Mills Glyposate Litigation. Click here to read. …
Read More
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 …
Read More
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 …
Read More
Speaking With: Len Rivkin
August 22, 2016 | Commercial Litigation | Complex Torts & Product Liability
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 …
Read More
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 …
Read More
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 …
Read More
Carnaby v. Goodyear Offers a New Jurisdictional Twist
February 25, 2015 | Appeals | Complex Torts & Product Liability
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. …
Read More
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, …
Read More
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 …
Read More
New Standards for Medical Monitoring and Fear of Cancer Claims
April 1, 2013 | Appeals | Complex Torts & Product Liability
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 …
Read More
Foreign Parallel Proceedings from the United States Perspective: Do the Courts Need a Crystal Ball?
July 31, 2012 | Appeals | Complex Torts & Product Liability
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 …
Read More
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, …
Read More
New York Places Burden On Design Defect Defendant To Show the Infeasibility of An Alternative Design On Summary Judgment
August 22, 2011 | Appeals | Complex Torts & Product Liability
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 …
Read More
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 …
Read More
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 …
Read More
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 …
Read More
Thirty Years of Agent Orange Litigation
January 13, 2010 | Paul V. Majkowski | Complex Torts & Product Liability
Paul Majkowski co-wrote an article in DRI’s For the Defense, “Thirty Years of Agent Orange Litigation.” Click here to read. © 2010 DRI. All rights reserved. …
Read More
Using Statistical Analysis in Mass Toxic Tort Cases: Are the Courts a Century Behind Science?
January 1, 2008 | Paul V. Majkowski | Complex Torts & Product Liability
Paul Majkowski co-authored an American Bar Association article, “Using Statistical Analysis in Mass Toxic Tort Cases: Are the Courts a Century Behind Science.” Click here to read. 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 …
Read More

Legal updates and news delivered to your inbox