Asbestos Injury: Is The Remedy Limited To Workers’ Compensation?

Asbestos exposure almost always occurs at a place of work, and the laws dealing with asbestos exposure vary from United States state to state.  In states where workers’ compensation remedies encompass asbestos-related injuries, employees are prohibited from bringing civil suit in general jurisdiction courts against their employer for such injury.  Determining the existence of an employer-employee

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What Is “Good Science” In Litigation?

Current practice in using expert testimony in litigation requires attorneys apply Daubert and/or Frye standards to the proffered evidence in order for the court to determine the reliability – and thus admissibility – of a given expert’s opinions on the matter at issue. The inherent problems involved in judges acting as “gatekeepers” of what scientific evidence

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Defining “Waters” Subject to Federal Jurisdiction: Controversy in the United States

The U.S. Environmental Protection Agency (USEPA) recently promulgated the new Clean Water Rule for the stated purpose of protecting “the streams and wetlands that form the foundation of the nation’s water resources.” The Rule includes a definition of “waters” of the United States which has far-reaching effects on water use by businesses and municipalities. Various agencies

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Class Action Litigation: Deploying Around The World

The United States leads the world in the number of and costs / awards resulting from class action litigation, which allows claimants to combine their relatively small or non-monetized claims against one or more defendants across jurisdictions. While federal and state bodies in the United States strive at various times to limit the scope of

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