On June 15, 2022, the Environmental Protection Agency (EPA) released new health advisories for drinking water relating to four select classes of per- and polyflouroalkyl substances (PFOA or PFOS) —also referred to as PFAS chemicals. Dubbed “forever chemicals,” and found
Defense Litigation Insider
Helping you navigate a clear path through complex litigation.
Defense Litigation Insider, published by Manning Gross + Massenburg LLP, focuses on legal developments and litigation strategies related to defense in high-stakes corporate and environmental cases. The blog covers topics such as toxic torts, particularly litigation involving per- and polyfluoroalkyl substances (PFAS), class action lawsuits, regulatory changes, and risk management. It also addresses emerging issues in environmental law, product liability, and remediation technologies like bioremediation. The content includes analysis of court decisions, legislative updates, and scientific evaluations relevant to defense counsel and corporate clients facing complex litigation and regulatory challenges.
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California Takes Steps To Ban 12,000 Chemicals in Cosmetics; Cosmetic Companies Should Prepare for a Spike in Consumer Class Actions
By Carrie Lin & Mary A. Reed
The nationwide campaign against the production and use of perfluoroakyl and polyfluoroakyl-containing products continues in California, with the California assembly passing expansive legislation to ban the use of up to potentially 12,000 separate chemicals in cosmetics.
On May 26, 2022,…
Massachusetts Files Suit Against PFAS Manufacturers
By Max Swetman & Mary A. Reed
Massachusetts has officially joined the growing coalition of states—including Colorado, Wisconsin, Michigan and Illinois—who have filed civil suit against the manufacturers and users of poly- and perfluoroalkyl (PFAS) chemicals, also known as “forever chemicals.” On May 25, 2022, Massachusetts Attorney…
Employer Considerations When Employees Return to In-Person Work: ADA Accommodations in the Post-COVID 19 Workplace
The year 2020 upended nearly every aspect of society and affected our personal and professional lives due to the novel coronavirus (“COVID-19”). No business industry was immune to COVID-19’s impact as a significant number of businesses moved employees to remote…
Verdicts and Settlements in the Trucking Industry: Current Climate and Foreseeable Trends
Last year, the American Transportation Research Institute (ATRI) published a comprehensive analysis on the notable increase in verdicts over $1 million in the trucking industry. ATRI’s 2020 study, Understanding the Impact of Nuclear Verdicts on the Trucking Industry, received significant…
Delaware Supreme Court Finds Only Felonies can Disqualify a Candidate from Office: Newport Town Commissioner Takes Office
Justice Traynor writing for a unanimous, en banc court, ruled that former Town of Newport (“Newport”) Police Chief Michael Capriglione could take office as a Newport Town Commissioner in Capriglione v. State of Delaware, Ex. Rel. Kathleen Jennings, Attorney General…
Ninth Circuit Adopts “Unequivocally Clear and Certain” Standard to Determine When 30-Day Removal Clock is Triggered
By Brian Gross & Kristi Young
On October 1, 2021, the Ninth Circuit Court of Appeals ruled in favor of MG+M client The Boeing Company (“Boeing”) in an appeal of an order that remanded the case to state court. The Ninth Circuit reversed the district court’s…
New California Law Expands Non-Economic Damages in January 2022
On October 1, 2021 Governor Newsom approved Senate Bill Number 447 (“SB 447”) amending the California Code of Civil Procedure to permit damages for a decedent’s pain, suffering, or disfigurement to be recovered in an action brought by the decedent’s…
CA Senate Bill 447 Expanding Non-Economic Damages in Wrongful Death Suits on Newsom’s Desk
Senate Bill 447 (“S.B. 447”), which proposes a change to the current California law to allow recovery of noneconomic damages, such as pain and suffering, after a plaintiff dies is headed to the governor’s desk after the state Senate approved…
Supreme Court settles circuit split over remand orders under 28 U.S.C § 1447(d)
Defendants may have greater access to federal appeals courts thanks to a recent Supreme Court decision concerning district court remand orders. The Supreme Court recently settled a circuit split over the authority of federal appeals courts to review district court…