Continue Reading 7th Circuit Lowers Removal Hurdle for Defendants That Assisted the Feds

Insights on Legal Issues Facing the Consumer Products Industry
…
Continue Reading 7th Circuit Lowers Removal Hurdle for Defendants That Assisted the Feds
Yesterday, March 26, 2020, the U.S. Environmental Protection Agency (EPA) published a memorandum titled COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program. This guidance comes at a time…
Continue Reading Before Making Pandemic Response Products, Consider Environmental Regulations
On Feb. 20, 2020, roughly one year after announcing its comprehensive per- and polyfluoroalkyl substances (PFAS) action plan, the Environmental Protection Agency (EPA) issued a preliminary regulatory determination under…
Continue Reading PFAS Update: EPA Begins Process of Developing Drinking Water Limits for PFOS and PFOA
On Feb. 7, New York Governor Andrew M. Cuomo signed legislation regulating the presence of toxic chemicals in children’s products and apparel. The governor agreed to the legislation – the…
Continue Reading New York’s ‘Toxic Toys’ Law: Governor Signs Legislation Regulating Chemicals in Children’s Products, But Changes to the Law Are Already Coming
The environmental parameters associated with textiles continue to attract both regulatory and value chain attention. In an interesting development, Vietnam just relaxed its chemical testing rules for exported textiles (e.g.,…
Continue Reading Product Stewardship and Textiles
On Aug. 26, 2015, the Seventh Circuit affirmed the exclusion of three expert witnesses who proffered opinions based on differential etiology as unreliable, but noted that “there may be a case where a rigorous differential etiology is sufficient to help prove, if not prove altogether both general and specific causation.” C.W. v. Textron, Inc., No. 14-3448 (7th Cir. Aug. 25, 2015). In C.W., the plaintiffs alleged that Textron, which operated a fastener manufacturing plant, released vinyl chloride, contaminating the groundwater in neighboring residential wells, including that of the plaintiffs. Plaintiffs brought claims against Textron for negligence, negligence per se, and negligent infliction of emotional distress, alleging that their two young children were exposed to the vinyl chloride, which caused illness and substantially increased their risk of cancer and other illnesses.
To support their claims, the plaintiffs proffered the testimony of three expert witnesses who opined that the children’s exposure to vinyl chloride caused illnesses and increased their risk of cancer. The United States District Court for the Northern District of Indiana, applying Daubert, excluded the testimony of the three experts, which relied on differential etiology, as not sufficiently reliable because the experts had failed to connect the dots between the available scientific studies and the illnesses endured by the children. In excluding the experts, the court found that their analysis required too great of an analytical gap between the scientific studies cited by the experts and their opinions that exposure to vinyl chloride at the doses and duration present could cause the problems that plaintiffs claim to have experienced or are likely to experience.Continue Reading Seventh Circuit Recognizes Availability of Differential Etiology to Prove Both General and Specific Causation