hazardous substances Archives

PFAS Litigation: Predicted Trends Given Regulatory Changes

Every week, the PFAS litigation and regulatory landscape changes dramatically. The EPA presses forward full steam ahead with numerous PFAS regulations, while the states have proposed hundreds of pieces of legislation related to PFAS in the last three years. Meanwhile, class action litigation, environmental pollution litigation, and greenwashing suits are being filed against companies at a dramatically increasing rate year after year. In this CLE webinar, CMBG3 Law attorney John Gardella discusses the latest on regulatory and litigation issues related to PFAS and how they will impact corporations.

The Medical Monitoring Tort Remedy

June 4th, 2024|Categories: CLE Webinar|Tags: CLE, cle webinar, cle webinars, hazardous substances, hb litigation, medical monitoring, tort remedy, torts, toxic exposure|

The medical monitoring tort remedy – allowing for medical monitoring without physical injury – is recognized in 14 states and not allowed in 23. The law is divided in two states while the rest have not specifically addressed the issue. States that allow medical monitoring to do so when a group of claimants is at increased risk of disease or injury due to exposure to a known hazardous substance or a dangerous product as the result of a defendant’s conduct. Under this tort remedy, claimants are tested periodically, for an agreed or decided period, usually between 10 and 40 years. In this CLE webinar, Gentle Turner & Benson LLC attorneys Edgar (“Ed”) C. Gentle III and Katherine (“Kip”) A. Benson discuss the evolution of the medical monitoring tort, related cases, tests to determine whether the tort should be applied, types of monitoring, and the arguments for an against medical monitoring.