Recent Articles

Experts - Daubert Motions Should Not Be Routine

Gail Wurtzler
November 06, 2008 22:34

Both plaintiffs and defendants in toxic tort cases routinely file Daubert motions seeking to exclude the other sides’ experts. Often, the motions are based on serious questions about the qualifications of an expert or the expert’s methodology and seek to exclude “junk...

Class Certification - Medical Monitoring

Gail Wurtzler
November 05, 2008 22:24

It continues to be difficult to predict the outcome of motions to certify classes in toxic tort cases. In a recent medical monitoring case in West Virginia, Rhodes v. E.I. du Pont de Nemours & Co.,     F.R.D.     , 2008 WL 4414720 (S.D. W. Va....

No Perchlorate MCL

Gail Wurtzler
November 04, 2008 22:04

 Last month, EPA reached a “preliminary determination” not to regulate perchlorate in drinking water. Unless EPA changes its position, there will be no national primary drinking water regulation or Maximum Contaminant Level (“MCL”) established for...

Hiring Counsel for an Environmental Toxic Tort Case - Part 3

Gail Wurtzler
October 28, 2008 17:26

Continuing with my series of posts on “Hiring Counsel for an Environmental Toxic Tort Case,” this week I address the third criterion - FAIRNESS The criterion of Fairness is slightly different for plaintiffs than for defendants, but it essentially relates to whether you are charged...

Hiring Counsel for an Environmental Toxic Tort Case - Part 2

Gail Wurtzler
October 21, 2008 17:22

Continuing with my series of posts on “Hiring Counsel for an Environmental Toxic Tort Case,” this week I address the second criterion - COMMITMENT.  Commitment applies to both plaintiff and defendant. You want the lead lawyer and his/her team to commit fully to your...

Hiring Counsel for an Environmental Toxic Tort Case

Gail Wurtzler
October 14, 2008 17:14

Since I started blogging on environmental toxic torts earlier this year, I received several emails from readers asking me questions about choosing an attorney to represent them in an environmental toxic tort case. Unlike most of the issues I address, there are no cases on point. There...

New ASTM Vapor Intrusion Standard

Gail Wurtzler
April 16, 2008 00:17

In March 2008, ASTM International issued its Standard E2600-08 entitled “Standard Practice for Assessment of Vapor Intrusion into Structures on Property Involved in Real Estate Transactions.”   The goal is to identify whether there is a potential for a vapor intrusion...

Later Discovered Environmental Conditions Are Not Title Defects

Gail Wurtzler
February 20, 2008 19:42

As is probably no surprise to lawyers and real estate professionals, a Pennsylvania appeals court held that title insurance does not protect a buyer from claims arising from the physical condition of the property such as later discovered environmental problems like asbestos, lead paint or abandoned...

Summary Judgment After Exclusion of Property Damages Expert Opinion

Gail Wurtzler
February 20, 2008 19:39

Often Daubert or similar motions are the key pre-trial motions in environmental toxic tort cases because exclusion of an expert, particularly the plaintiff’s causation or damages expert, provides the basis for a summary judgment in favor of the defendant. Player v. Motiva Enterprises,...

"Stigma" Property Damages Rejected

Gail Wurtzler
February 20, 2008 19:39

Often, plaintiffs in environmental toxic tort cases seek to recover property damages based on a theory that contamination or other environmental conditions have imposed a “stigma” on the property. Sometimes the property is itself contaminated or formerly contaminated. Other...