Class action alleges Ziploc misled consumers about harmful microplastics in its products

June 4th, 2025|Categories: Emerging Litigation & Risk, HB Tort Notes, Journal, New Featured Post for Home Page, News|Tags: , , , , |

Amid rising concerns about toxic chemicals in consumer products, Apple finds itself under scrutiny. Guest contributor Justin Ward examines the controversy surrounding Apple’s smartwatch bands after researchers detected elevated levels of PFAS, or “forever chemicals.” While Apple insists its products are safe, a class action lawsuit alleges deceptive marketing and health risks, raising broader questions about accountability and chemical transparency in tech and apparel.

Wildfire Litigation: Building a Case and Establishing Liability with Ed Diab

March 27th, 2025|Categories: ELP, Environmental Torts, Mass Torts|Tags: , , , , |

In this episode of the Emerging Litigation Podcast, you will discover the legal complexities of wildfire litigation as Ed Diab, founding partner of Diab Chambers LLP, unpacks the strategies used to establish liability against utility companies in the wake of Southern California’s devastating January 2025 wildfires. With over 100 lawsuits filed against power providers like Southern California Edison, plaintiffs—including public entities, individuals, and insurers—face an uphill battle proving negligence and inverse condemnation claims. Ed shares insights on case-building strategies, the role of expert investigations, key legal defenses raised by utilities, and the evolving litigation landscape. Tune in for a deep dive into how these high-stakes cases unfold. Don't miss this episode!

Forever Chemicals: Insurance Recoveries for PFAS Liabilities

March 26th, 2025|Categories: CLE OnDemand, Environmental Torts, Insurance, New Webinars|Tags: , , , , |

Take this CLE webinar and gain a better understanding of the evolving legal, regulatory, and insurance landscape surrounding PFAS ("forever chemicals") and their growing impact on businesses and insurers. We feature experienced insurance recovery attorneys Bob Horkovich and Cameron Argetsinger and environmental experts Arthur J. Clarke and Walker Prentke from J.S. Held. Take it now or when you're ready. It's on demand!

Trump’s rollback of draft PFAS regulation means uncertain future for ‘forever chemicals’ torts

February 21st, 2025|Categories: Emerging Litigation & Risk, Environmental Torts, HB Tort Notes, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: , , , , |

With federal PFAS regulations in limbo, lawsuits targeting “forever chemicals” are expanding—what does this mean for businesses and consumers? Justin Ward examines the uncertain future of PFAS (“forever chemicals”) regulation and litigation after former President Trump rolled back a draft rule expanding Biden-era guidelines. The rising PFAS lawsuits are increasingly targeting consumer product manufacturers alongside chemical companies. Despite concerns over deregulation, several states have enacted their own strict PFAS rules, ensuring continued legal challenges and regulatory pressure. Read our report by guest contributor Justin Ward.

When Chemical Crises Strike with Ed Gentle and Kip Benson

November 12th, 2024|Categories: ELP, Emerging Litigation & Risk, Environmental Torts, Mass Torts|Tags: , , , , , , |

Soon after emergency response teams scramble into action to address chemical fires, explosions, or other toxic events, attorneys begin gathering and analyzing information either to mitigate corporate risk or to seek remedies for anyone impacted by such an event. Listen to our interview with Edgar C. "Ed" Gentle III and Katherine "Kip" Benson of Gentle, Turner & Benson LLC, about legal activity that goes on in the immediate aftermath of a toxic event. Ed and Kip draw on their deep experience resolving this type of litigation to discuss the flurry of activity that unfolds at law firms and inside legal departments within hours of a disaster.

The EPA’s New PFAS Safe Drinking Water Rule with John Gardella

November 12th, 2024|Categories: Corporate Compliance, ELP, Environmental Torts|Tags: , , , , |

In this episode, we dive into one of the hottest topics in environmental law right now: PFAS. Specifically, our guest, John Gardella of CMBG3 Law talks about the EPA’s new PFAS Safe Drinking Water Final Rule, which mandates acceptable levels of PFAS in public water systems. John is a leading voice in PFAS litigation and a recognized thought leader, known for his expertise in environmental and toxic tort litigation. Tune in now!

The Medical Monitoring Tort Remedy: Advanced Level

August 29th, 2024|Categories: CLE OnDemand, Environmental Torts, Mass Torts|Tags: , , , , |

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.

PFAS Regulation, Litigation, and Differentiation

November 9th, 2023|Categories: ELP, Environmental Torts, Mass Torts|Tags: , , , , |

In this episode, we give you some history of the PFAS compounds, discuss some of their important differences, review what litigation we're seeing (including the various claims and defenses), note what we can learn from recent settlement structures, forecast the impact of any new regulation, and predict what litigation might be next. Listen to our guests David Marmins and Morgan Harrison of Arnall Golden Gregory LLP.

Alleged Hair Product Injuries Impact Women of Color

April 26th, 2023|Categories: Business Litigation, Mass Torts|Tags: , , , , |

L’Oréal Among Defendants in Litigation Over Hair Products. Dozens of hair straightener cases allege higher incidence of cancers and other diseases. Plaintiffs in dry shampoo litigation say products contain benzene.  Seven companies control the U.S. hair product industry. L’Oréal has been hit hard in recent hair care litigation related to straighteners, relaxants, and dry shampoos. L’Oréal was named a defendant in nearly sixty complaints alleging that straightening products manufactured by the beauty giant have caused cancer in its consumers. L’Oréal has also been named a defendant in a proposed class-action for its Redken dry shampoo that allegedly contains the carcinogen benzene. Other large industry players such as Johnson and Johnson and Unilever have also been accused of selling dry shampoos with dangerous levels of benzene. Straighteners and Relaxers Litigation Dozens of cases have been consolidated in multidistrict litigation against L’Oréal for its potentially cancerous hair straighteners and relaxers. Mitchell v. L’Oréal USA Inc. is a typical case.  It was filed by Missourian Jennifer Mitchell, a black woman, after her diagnosis of uterine cancer which she claims was caused by endocrine disrupting chemicals (EDCs) in L’Oréal’s hair straighteners and relaxers. Jennifer Mitchell was diagnosed with her cancer on August 10, 2018. “Ms. Mitchell was first exposed to EDCs and/or phthalate-based products around 2000, at or around the age [...]

Toxic Train Wreck Sparks Litigation

April 7th, 2023|Categories: Complex Business Litigation, Environmental Torts, HB Risk Notes|Tags: , , , , |

Legal News: Ohio AG Sues Norfolk Southern Over East Palestine Train Spill. Legal News On March 14, 2023, Ohio filed a lawsuit against Norfolk Southern Railway Company, a multi-billion dollar entity, in the U.S. District Court for the Northern District of Ohio. The lawsuit stems from the East Palestine train derailment (the “Derailment”), which took place on February 3, 2023. The lawsuit seeks to “recover response costs, redress damages to natural resources, and receive an order for injunctive relief, civil penalties, and damages.”  The Derailment  The Derailment of train 32N occurred at approximately 9 PM in East Palestine, Ohio—roughly fifty miles northwest of Pittsburgh, Pennsylvania. The accident is believed to have been caused by the overheating and failure of at least one wheel bearing. Twenty of the derailed cars contained hazardous materials, including vinyl chloride, butyl acrylate, ethylhexyl, acrylate, and ethylene glycol monobutyl ether.  Chief among the substance concerns was vinyl chloride, which emits toxic substances when it burns. The Environmental Protection Agency (EPA) states that it was notified of the Derailment about two hours after it occurred, and personnel were on site five hours after the accident. The surrounding downwind area was evacuated. Reports were made of health and safety hazards to people and animals in the affected region. Three days after the crash, emergency responders intitiated a controlled [...]

Medical Monitoring and PFAS Litigation—A Significant Growing Trend

February 24th, 2023|Categories: Emerging Litigation & Risk, Environmental Torts, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: , , , , |

The Author John P. Gardella (jgardella@cmbg3.com) is a shareholder with CMBG3 Law and a recognized thought leader on PFAS issues. In his environmental and toxic torts practice, he represents companies ranging in size from small shops to the Fortune 100. John is also a member of the Editorial Board of Advisors for the Journal of Emerging Issues in Litigation. Interviews with leading attorneys and other subject matter experts on new twists in the law and how the law is responding to new twists in the world. Medical Monitoring and PFAS Litigation—A Significant Growing Trend "The arguments in favor of medical monitoring as a cause of action in lawsuits stem from the notion that having such programs funded by allegedly tortious companies promotes the public health benefit of early detection, which in turn often results in lower health care costs to plaintiffs and society at large." Abstract: Medical monitoring as a tort claim is a hot-button issue in toxic torts, personal injury, and product liability litigation. The ubiquity of PFAS chemical compounds and the real and potential harm to health and the environment they create make examination of the medical monitoring debate specific to this burgeoning litigation worthy of individual attention. This article provides an explanation of PFAS, a brief overview of [...]

The Medical Monitoring Tort Remedy: Its Nationwide Status, Rationale, and Practical Application (A Possible Dynamic Tort Remedy for Long-Term Tort Maladies)

February 24th, 2023|Categories: Class Actions, Emerging Litigation & Risk, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: , , , , |

The Author Edgar C. Gentle III (egentle@gtandslaw.com) is founder and managing partner of Gentle, Turner, Sexton & Harbison LLC in Birmingham, Alabama, where he focuses on complex commercial litigation, mass torts, and class actions. He also serves as a court appointed neutral and settlement administrator. Interviews with leading attorneys and other subject matter experts on new twists in the law and how the law is responding to new twists in the world. The Medical Monitoring Tort Remedy: Its Nationwide Status, Rationale, and Practical Application (A Possible Dynamic Tort Remedy for Long-Term Tort Maladies) "States that allow medical monitoring do so when a group of claimants has been exposed to a known hazardous substance, such as lead, or a dangerous product, such as football helmet concussions, or air decompression in an airplane, through the conduct of the Defendant, with the claimants therefore being at increased risk of contracting disease.  Under this tort remedy, claimants are tested periodically, for an agreed or decided period, usually between 10 and 40 years, to see if they contract the disease linked to the toxic substance or dangerous product. Thus, medical monitoring recognizes the long-term harmful nature of toxins and man-made products, thereby matching a remedy with the malady." Abstract: The author administers six mass tort settlements with [...]

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