N.Y. court curbs toxic tort suits; it narrows the window for bringing complaints

Article Abstract:

The New York Court of Appeals ruled that the tolling of the statute of limitations for toxic tort liability starts with the discovery of the injury, regardless of whether there was awareness the cause of the injury may have been exposure to a hazardous substance. This meant that In re New York County DES litigation was time barred. The Product Liability Advisory Council states that the date-of-discovery test should make limits on product liability suits against manufacturers and distributors more manageable.

Limitation of actions, Statute of limitations, New York (State)

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Counsel seek to simplify complex toxics cases; use of 'CMOs.' (case management orders)

Article Abstract:

Case management orders (CMOs) can be useful tools for managing complex toxic tort litigation. These are supervisory pretrial orders mandating that plaintiffs demonstrate a prima facie case before other pretrial activity takes place. These orders may actually benefit plaintiffs because of they help filter out invalid claims, lower transaction costs and organize the issues for jurors. The most frequent criticism of these orders is that they allow plaintiffs to pre-try their cases.

Management, Complex litigation

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Court finds municipal liability

Article Abstract:

The judges in B.F. Goodrich Co. v Murtha, a 1992 case, held that municipalities are liable under the Comprehensive Environmental Response, Compensation and Liability Act for damage by hazardous substances contained in household waste. The decision means cities are liable even if the household waste they disposed of only contains very minor amounts of hazardous substances.

Refuse and refuse disposal, Waste disposal, Tort liability, Municipal corporations, Tort liability of municipal corporations

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