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INDEX
Vol. 24, Nos. 1 - 41, pp. 1-1210
Jan. 1 -- Oct. 15, 2009

A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z

    TAXATION
      – Brownfields, incentives for cleanup
        See LEGISLATION, FEDERAL, HR 1724, HR 3260
      – “Polluter pays” tax
        – – Outlook 2009, 111
        – – Reauthorization
          See LEGISLATION, FEDERAL, HR 564, HR 832
    TCE
    TENNESSEE
      – Asbestos, workplace exposure, CSX entitled to jury instruction re fear-of-cancer claim, $5M FELA award abandoned (U.S., vac and rem), 656; new trial on damages ordered (Tenn. Ct. App.), 1039
      – CAA, power plant particulate matter emissions, $1B pollution controls ordered, TVA plans appeal (W.D.N.C.), 675
      – Legislative agenda, litigation reform, Outlook 2009, 70
      – Pondimin and primary pulmonary hypertension (PPH), suit time barred (6th Cir.), 1041
      – Toys and games, toxic substance ban and test disclosure law likely valid but may be subject to preemption, state attorney general says, 206
    TESTING
      – CAA, asbestos, new trial proper where admitted government samples improperly tested (9th Cir.), 418; pipe-wrap samples barred in retrial (S.D. Cal.), 1072; status hearing set, 1109; suit dismissed, 1200
    TETRACHLOROETHYLENE
    TEXAS
      – Argon gas, workplace exposure, insurer not obligated to defend (N.D. Tex.), 708
      – Asbestos, workplace exposure and mesothelioma
        – – Court must give reason for setting aside verdict and granting new trial (Tex.), 810
        – – Pipefitter, liability release bars wrongful death suit, summary judgment proper (Tex. Ct. App.), 1038
      – Benzene, acute lymphoblastic leukemia and property damage, landfill leaching, verdict against city overturned (Tex.), 578
      – Carbon monoxide, furnace emissions, pollution exclusion clause applies (5th Cir.), 565
      – Chemical emissions, state commission settles with refiners, oil, and cement firms, 998
      – Clean Air Act (CAA)
        – – BP agrees to pay $180M in pollution control and penalties for Texas City, Tex. refinery violations in proposed consent decree (N.D. Ind.), 276
        – – Global warming gas emissions, Tex. environmental group seeks regulation (Tex. Dist. Ct.), 1202
        – – Shell to pay $5.8M penalty and reduce “upset” emissions at Deer Park plant (S.D. Tex.), 564
      – Cost recovery, Love Field cleanup, Aviall notice of liability waiver to neighboring site owners insufficient as opportunity to comment (N.D. Tex.), 377
      – Digitek makers and distributors sued for defective tablets (E.D. Tex.), 535; related Tex. state cases consolidated (Tex.), 964
      – Hazardous waste
        – – Chlorine gas, improper disposal, water treatment firm foreman and president sentenced (E.D. Tex.), 674
        – – Refineries, Texas Oil and Gathering execs plead guilty to improper disposal (S.D. Tex.), 539
        – – Wood preserving plant, state agency orders fine, 566
      – Natural gas compression station, landowners awarded $1.24M for noise and odor pollution (Tex. Dist. Ct.), 134
      – Natural resources damage, oil spills, defendant entitled to jury trial (S.D. Tex.), 273
      – Paxil and suicide, unadopted stepchildren may not sue for wrongful death (Tex. Ct. App.), 787
      – Pipeline firm to pay $3.3M CWA penalty in proposed consent decree for creek fuel spill (S.D. Tex.), 64
      – Pondimin and Redux and heart damage, prescribing doctor not seller with indemnity rights (Tex. Ct. App.), 658
      – Prempro and breast cancer, failure-to-warn claims not preempted (Tex. Ct. App.), 532
      – Railroad shipping rates for hazardous materials are trade secrets, plaintiff in derailment case may not obtain (Tex.), 1144
      – Refineries
        – – Benzene, solvent exposure and acute lymphocytic leukemia, worker sues oil and chemical companies for failure to warn (Tex. Dist. Ct.), 303; status conference set, 366
        – – BP explosion, court accepts plea agreement with $50M fine and probation (S.D. Tex.), 382; related state suit filed (Tex. Dist. Ct.), 709
        – – CAA, premcor permit, EPA to review citizen-proposed consent decree re monitoring deficiencies (D.D.C.), 211
        – – Total Petrochemicals settles 73 state clean air violations, 847
      – Reglan and tardive dyskinesia, physician must show expertise to qualify as expert on causation (Tex. Ct. App.), 306
      – Solid waste dumping for fill material, state law bars coverage under pollution exclusion clause (N.D. Tex.), 1132
      – Substantially prevailing party, environmental group denied attorneys' fee award under catalyst theory (5th Cir.), 14
      – Swine flu from pig manure lagoons, husband of victim files discovery petition against Smithfield Foods (Tex. Dist. Ct.), 623
      – Vytorin, Merck and Schering-Plough to pay $5.4M for delayed release of clinical trial results (Tex. Dist. Ct.), 897; manufacturers to pay consumers and insurers $41.5M in related case (D.N.J.), 962; manufacturers move to dismiss state law claims (E.D. Tex.), 1127
      – Zicam Nasal Gel and anosmia, user who lost sense of smell files claims against Matrixx (E.D. Tex.), 92
    TOBACCO INDUSTRY
      – Class actions
        – – Deceptive advertising campaign, decertification improper (Cal.), 624
        – – History and future predictions, Analysis & Perspective, 458
        – – Wrongful death, preemption not shown, suit reinstated (9th Cir.), 1146
      – Deceptive ads for “light” cigarettes, state claims may proceed (Mass.), 444
      – Multiple injuries, guidance sought re Cal. limitations period (9th Cir.), 502
      – Punitive damages
        – – Claim preclusion bars, widower suit may proceed on other charges (S.D.N.Y.), 1103
        – – Daughter of deceased smoker awarded $13.8M (Cal. Super. Ct.), 1042
        – – Outlook 2009, 120
        – – Philip Morris ordered to pay $5M plus $3M compensatory damages in first Engle progeny trial (Fla. Cir. Ct.), 267
        – – Verdict of $79.5M against Philip Morris stands (U.S., dism), 444
        – – Wrongful death, $20M award lacks support, remanded for new trial (Mo. Ct. App.), 7
      – Smoker aware of risks, jury finds for R.J. Reynolds (Fla. Cir. Ct.), 447
    TORT REFORM
      – Foreign manufacturers, limited liability for defective products harms U.S. consumers, Analysis & Perspective, 153
      – Okla. governor signs governor signs bill, 663
      – Outlook 2009, 70; 120
    TOXIC SUBSTANCES CONTROL ACT (TSCA)
      – Asbestos, workplace exposure, mesothelioma, death rates rise, NIOSH study finds, 582
      – Chemical Assessment and Management Program (ChAMP), risk-based prioritization posting suspended as EPA reviews strategy, 764
      – Commercial chemicals regulation, overhaul likely, Analysis and Perspective, 1205
      – Management challenges of EPA, GAO report addresses, 350
      – Mercury, chlor-alkali processing technology cleanup
        See LEGISLATION, FEDERAL, S 1428
      – Reform
        – – Congress plans reexamination of 1976 law, 324
        – – Environmental coalition and chemical industry group issue proposals, 974
    TOYS AND GAMES
      – Asbestos, fingerprint kits, class settlement proposed (Cal. Super. Ct.), 814
      – BPA
      – Consumer Product Safety Improvement Act (CPSIA)
        – – Implementation problems, Congress seeks accounting, 340
        – – Lead limits in paint, CPSC lowers, 42
        – – Mandatory recall notices, CPSC publishes proposed rule setting requirements, 417
        – – Phthalates, regulation difficult for CPSC and industry, Analysis & Perspective, 977
        – – Secondhand goods and lead, small business impact, CPSC seeks more discretion, 416
      – European union (EU), legislation tightens restrictions on carcinogenic, mutagenic, or reprotoxic (CMR) substances, allergenic fragrances, and other toxins, 9
      – Foreign manufacturers, limited liability for defective products harms U.S. consumers, Analysis & Perspective, 153
      – Lead
        – – Electronic devices, CPSC proposes limit exemptions based on EU rules, 139
        – – Manufacturers, crafters, sellers, and resellers, CPSC revises and clarifies product guidance, 237; manufacturers predict job loss and bankruptcies, 238; final rule and exemption procedure issued, 374; final rule approved with testing exemptions, 1017
      – Lead paint, OKK Trading to pay civil penalty for imports and sales, 815
      – Phthalates
        – – Draft product guidelines, CPSC solicits comment, 237; guidance published, 313; public meeting and comment deadline set, 339; companies comment at meeting, 373
        – – Existing stock may not be sold, CPSC safety standard opinion overruled (S.D.N.Y.), 236
        – – Testing methods, ASTM committee to discuss product compliance determination for manufacturers, 417
      – Toxic substance ban and test disclosure law likely valid but may be subject to preemption, Tenn. attorney general says, 206
    TRESPASS
      – Chlorinated solvents and other groundwater contamination at Contra Costa, Cal. site, claims proceed (N.D. Cal.), 1012
      – Contaminated ground water from oil production waste, energy firm must pay cotton grower $8.5M (Cal. Super. Ct.), 748
      – Pollution monitoring wells installed under cleanup order no trespass under state law (D.N.J.), 454
      – Real estate contamination, possibility of finding continuing tortious acts does not extend limitations period on state claims (W.D. Mich.), 440
      – Toxic trespass, biomonitoring and environmental testing lead to ordinances and civil tort suits, Analysis & Perspective, 49
    TRICHLOROETHYLENE (TCE)
      – Armed services, military family alleges dumping not discretionary act immune under FTCA (U.S., rev sought), 174; (rev den), 698; exposure information limited, report says, 727
      – Ground water contamination, Northstar Aerospace to pay $3.5M, 749
      – RCRA, default judgment and sanctions entered against paint manufacturer re discovery sanctions (S.D. Ind.), 757
      – Superfund
        – – Army to sign federal facilities agreement for Ft. Meade, Md. cleanup, 538; interagency agreement signed, 755
        – – Class action may proceed despite cleanup activities (S.D. Ohio), 558
        – – Interlee, N.J. site contamination, liability-shifting costs not recoverable (D.N.J.), 994
        – – San Gabriel Valley, Cal. site, ground water contamination, defendants to pay $21M in cleanup, 1044
        – – Socorro, N.M. site, EP Tech liable for $9M in cleanup costs (6th Cir.), 537

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