The American Tort Reform Association (ATRA released its report for 2007 on "Judicial Hellholes" in civil jurisditions within the United States.

The West Virginia Supreme Court upheld a lower court's ruling that a plaintiff's expert can be stricken if, under WVRCP 26, that party fails to disclose materials reviewed and used to form that expert's opinion.  Plaintiff alleges that he was exposed to harmful chemicals and brought an action under FELA.

The provisions of bill SB 176 will take effect on January 1, 2008 and will reduce the current blood lead reporting limit of 20 micrograms per deciliter to 10 micrograms per deciliter. This reduced blood lead limit will trigger the doctor's report to the state and the state investigation into the possible source of the blood-lead poisoning. In addition, the Department of Health and Human Services will now be authorized to inspect all units of a multi-family dwelling, whereas previously, they could only inspect the unit in which the child resided.

"Attorney General Dann's lawsuit twists the purpose of public nuisance law and misapplies it because he can't make a case under traditional product liability law", so states Lisa A. Rickard, President of the Chamber Institute for Legal Reform. This statement follows the filing of a complaint by the Ohio State Attorney General against a total of eight former lead-paint manufacturers.

Sherwin Williams & NL Industries have recently filed appeals to Rhode Island's Supreme Court following a denial of a request for a new trial, and a court order to draft and implement a cleanup plan. If the Rhode Island Supreme Court upholds the ruling, this will make it the only "public nuisance" theory case to go through the court system to final resolution.

EPA proposes a new rule that requires lead paint training and certification for all construction personnel, renovators, and contractors when working in homes likely to contain lead paint.

Dogs have been used for years to track humans and animals, to detect drugs and bombs and now to detect mold.

A Honolulu court approved a $1.8 million dollar class action settlement between Hilton ...

A judge on Wednesday heard a challenge to the state's new lead paint law from a group of landlords who say it unfairly exempts a segment of property owners.

The law, which took effect Nov. 1, requires owners of properties built before 1978 -- when lead paint was banned nationwide -- to take a lead awareness class, have their properties inspected and correct any hazards. 

But the law, intended to protect tenants from lead exposure, also exempts owner-occupied properties with three or fewer rental units from following the requirements. 

Opponents are trying to have the law struck down, saying the exemptions given to select landlords and property owners are unequal and violate the state Constitution.

A four-year legal fight over the flawed construction of California’s Scotts Valley High School ended earlier this month with a settlement, awarding $11.2 million to the school district.  District Superintendent Susan Silver said, “We’re happy to have this settled.  This money is going to allow us to fix the most critical areas, but it is far less than we actually need.”

The $42 million high school in Scotts Valley opened in 1999 to many problems, including drainage problems that lead to buildings being shuttered due to mold.  In March 2001, the district filed a $30 million suit against 30 contractors and designers involved in the construction.    

The buildings infested with mold were quarantined and many of the classes had to be moved to portable classrooms.  The district will continue to lease portable classrooms until the permanent structures are complete, which is estimated to be by the beginning of the 2006-2007 school year. 

According to the attorney for the school district, some of the contractors involved in the lawsuit have gone out of business, filed for bankruptcy or were under insured, which contributed to the length of the lawsuit.

This is the largest settlement regarding fault school construction or design in the county’s history. 

Several construction companies settled mold claims for just under $10 million prior to trial, and lumber company involved in the suit settled for $13 million the day before the plaintiff’s counsel rested their case.  The plaintiff alleged that his newly purchased custom built house was contaminated with mold, he sued several companies involved in the construction of the house alleging personal injuries, including but not limited to chronic respiratory problems, sinus infections and fatigue.  Plaintiff also alleged that his son suffered severe developmental delays including organic brain injury. 

California Superior Court Judge, allowed the plaintiff to present evidence to the jury that mold exposure can cause brain injuries.  During trial, the plaintiff argued that the lumber used in the construction of the house was contaminated with mold, which in turn contaminated the entire home. 

Sources indicate this is the largest settlement in a toxic mold case to date involving a single family.  The trial lasted five weeks. 

David M. Governo will be speaking at the Liability and Lead Paint Litigation, How to Represent Your Client Effectively, seminar, sponsored by Massachusetts Continuing Legal Education, Inc. (MCLE).  The seminar will be held on Thursday, October 27, 2005, from 4 to 7 p.m. at MCLE’s Conference Center, located at Ten Winter Place, via Winter Street, in Boston. 

The seminar will teach about every step from intake to trial.  In addition to experienced faculty, from both the defense and plaintiff side, a respected Housing Court Judge will offer his “view from the bench.”

If you defend a lead paint poisoning case, you should attend this seminar. Learn from one of the most experienced and skilled environmental defense lawyers in the Commonwealth. Learn what discovery to seek and what defenses you should offer in a lead paint poisoning case.  How do you decide when to settle or when to try the case?  Get advice from a defense lawyer on how a plaintiff's lawyer should obtain a good settlement.  What happens when the case settles?  Learn the ABCs of settlement.  What do you need to do for court approval?  Do you need a trust?  What type of trust?  How can you use an UTMA account?  "Structured settlements"—what is the real story with them and how should they be used?  All of this is critical information in order to complete your representation of your client.

"If you have a lead poisoning case in your office, you should attend this seminar." ~ MCLE

In response to the recent U.S. Supreme Court ruling in Kelo v. City of New London, Pennsylvania legislators have introduced over thirty bills on the issue of eminent domain.

David M. Governo will be speaking at ASCR Foundation's Water Loss Specialist School, November 7-12, 2005, in Salt Lake City, Utah.

The purpose of the Water Loss Specialist Program is to advance and help assure a high level of professional service in the field, with the following three specific goals:

·          To improve the professional practice in the Water Loss Mitigation field through the establishment of professional development goals

·          To identify a body of knowledge and skills necessary to the practice of the water loss mitigation profession

·          To recognize those individuals who have demonstrated a level of distinction in the practice of this profession.

The Whole Building Design Guide (WBDG), organized and managed by the National Institute of Building Sciences (NIBS), is a comprehensive, Internet-based portal to a wide range of federal and private sector, building-related guidance, criteria, and technology.  By creatively linking information across disciplines and traditional professional boundaries, the WBDG encourages integrated thinking and a "whole building" performance prospective.

Check out the WBDG!

The Washington Post reports that President Bush is facing pressure to nominate a woman or minority to the Supreme Court to fill the vacancy created by Justice Sandra Day O'Connor's retirement. 

The Michigan Court of Appeals recently affirmed a jury verdict in favor of a Plaintiff, allowing medical testimony relating to a mold allergy and allergic response, as well as a finding that a purchaser’s failure to inspect the property does not void the warranty. 

Hurricane Katrina struck New Orleans the morning of August 29, 2005.  Included among Hurricane Katrina’s many victims was the New Orleans legal system. 

The California Air Resource Board (ARB) has prepared a report to the California Legislature summarizing the best scientific information available on indoor air pollution.  This report includes information on common indoor pollutants and their sources, potential health impacts, associated costs, existing regulations and practices, as well as options for mitigation.

The risk from indoor air pollution is substantial because people spend most of their time indoors.  Like other industrialized nations, Californians average 87% of their time indoors, where are there are numerous sources of pollutants.  Some scientists estimate that pollutants emitted indoors are approximately 1,000 times more likely to be inhaled than comparable outdoor emission.

Indoor air pollution causes significant health effects, including respiratory illness, cancer and premature death.  In addition to nearly four million asthma sufferers in California, approximately 230 excess cancers occur a year due to carcinogens emitted from indoor products and materials; In addition to 400 excess lung cancers caused by exposure to environmental tobacco smoke.  Carbon monoxide, nitrogen dioxide and particles emitted from combustion sources – such as gas and wood burning stoves – can cause serious respiratory and heart disease.  It is estimated that the health effects associated with indoor pollution costs California’s economy more than $45 billion each year.  

Several methods are effective in preventing or reducing indoor air pollution.  The most effective method is to use building materials, consumer products and appliances that emit little or no air pollution.  Proper ventilation, as well as public and professional education, is also important.  Air filters and cleaners can also be effective, however are limited and some air cleaners release ozone.

There are health, productivity, and economic benefits to improving indoor air quality.  Many steps can be taken, at a relatively low cost, that will provide substantial health benefits.

To obtain more information on sources, potential health impacts, associated costs, and existing regulations of indoor air pollutants, as well as options for mitigation, view the full report to the California Legislature.

Fifteen lead advocacy groups and researchers, including The Alliance for Healthy Homes, Bruce Lanphear of the Cincinnati Children’s Hospital Medical Center, and Public Employees for Environmental Responsibility (PEER), notified the EPA in July 2005 of their intent to sue.  The Toxic Substance Control Act (TSCA) allows individuals to sue the EPA for its failure to perform certain non-discretionary acts.  The group argues that the EPA failed to promulgate rules regarding lead-based paint activities for renovation and remodeling as required by TSCA, despite a statutory directive to issue a regulatory program by October 28, 1996.   The group contends that the EPA recently announced its intention to abandon plans to institute a voluntary compliance program for renovation and remodeling, and has not proposed any alternative courses of action.  PEER General Counsel Richard Condit in Washington represents the group.

Indoor air-quality issues have been a focus of the technical, scientific, and medical communities for the last ten years.  Indoor air-quality complaints, however, have not been a major factor in toxic-tort litigation until the emergence of mold claims.  Concern over the presence and impact of mold has resulted in considerable activity on the legal front.  As parties, aggrieved by personal injuries and property damage, begin to file suit, litigators seek to become familiar with the unique issues posed by mold claims.  This paper explores the types of mold claims which can be brought, discusses some of the challenges these claims present, describes some current trends in the law, and explains how to protect yourself from being sued and what to do if you are sued.

Written by Kevin Ward and James Young.  The Observer, published by the Pennsylvania Tavern Association.  Establishments that serve alcohol are under increasing scrutiny given Pennsylvania’s and other states’ efforts to curb drunk driving and its effects.  The establishments that serve alcoholic beverages, as opposed to the intoxicated driver, are the targets of civil lawsuits as they are perceived to be able to pay large judgments.

Whether you are an independent contractor or an employee, insurance for your potential liability is an essential aspect of a solid financial foundation.  This article discusses the importance of professional liability insurance to industrial hygienists.  In particular, it highlights the liability that industrial hygiene professionals without such coverage may face. 

In all types of industries, business owners are constantly establishing policies and implementing methods to ensure payment for work performed.  Unlike manufacturers that collect receivables with some reliability, companies in the service sector have to work vigorously to receive what they are due.  Contractors in the cleaning and restoration industry are no different when it comes to the age-old problem of guaranteeing that they will be paid.

However, unlike many other industries, restoration contractors are typically paid by someone other than the client.  This article discusses how contractors can utilize their serve contracts and another document, commonly known as a “Direct Pay Authorization,” to facilitate payment for their work directly from insurance companies. 

Controlling the spread of infectious agents in healthcare facilities presents the cleaning and restoration industry with opportunities and risks.  The heightened attention increases the demand for cleaning and restoration services and increases the risk of liability when such services are provided.  Infections caused by the healthcare setting are rampant.  In addition to hospitals, infections can occur in all healthcare institutions, including outpatient surgical units, urgent care facilities, dialysis centers, clinics, physician’s offices, and skilled nursing facilities.  Cleaning and restoration contractors who work in healthcare settings can cause serious harm to patients, particularly immunocompromised patients, if they do their job incorrectly.

By Connie Silvaggio and Kevin Ward.  Published in Best's Review.  Insurers can benefit from legislation amending the practice of joint and several liability, but in some cases they need to ask about Plaintiffs’ previous settlements.  Pennsylvania’s Fair Share Act allows for the jury to consider Plaintiffs’ settlements with bankrupt parties when apportioning liability.

Lead poisoning has been a serious concern for centuries.  Historians suspect that lead poisoning contributed to the decline of ancient empires when their leaders became deranged from or died of lead poisoning.

Massachusetts enacted the first version of its Lead Law in 1971, one of the first in the nation.  Not only is there a statute, there are also complex regulations that spell out the law in more detail.  This article, geared towards landlords, identifies the Lead Law’s requirements and offers solutions to Landlords facing lead claims.   

Directors’ and officers’ (D&O) liability insurance policies provide coverage for claims brought against the directors and officers of a corporation, not against the corporation itself.   Since their introduction in the 1930’s, the expansion of federal securities laws and the enactment of a myriad of other federal statutes have resulted in dramatically increased liability for directors and officers.

This article describes the types of liability directors and officers face.  It then examines common provisions and exclusions in D&O policies, including the insurer’s obligation to defend.  The final section of this article explains how variations of definitions of three terms; “loss,” “wrongful act,” and “claims,” impact the scope of protection provided under D&O policies. 

David M. Governo’s presentation at ASCR’s Weathering the Storm: Winning Solutions for Turbulent Times, which was held in St. Louis, Missouri September 14-17^th, illustrated how the legal system can operate as an ally to provide both legal protection and competitive advantage, by imposing a consistent structure that results in efficiencies and profits.

HVAC engineers design systems that are often blamed for a variety of problems later encountered at a facility.  Sound engineering alone is insufficient to provide engineers with optimal protection from liability.  Knowing where an engineer’s legal vulnerabilities lie is a key prerequisite to taking the logical steps necessary to minimize financial exposure.  This presentation, given at the 2005 ASHRAE winter meeting, will discuss how HVAC Engineers can achieve their business goals of getting paid for their work, while avoiding potentially costly claims.

Over time, claims and lawsuits are inevitable for business owners, which is why asset protection is important.  Regardless of how well you perform your work there is no guarantee that you will not be sued.  Over a sufficient period of time a lawsuit may not be inevitable, but it is likely.  Fortunately, there are approaches that you can take to minimize the risk that a lawsuit will cause you financial harm. 

There are two basic strategies: asset protection and insurance.  While insurance shifts the risk of loss from you to your insurance company, asset protection operates to insulate you and your assets from whatever is causing the risk of liability.  Although both approaches should be employed, this presentation focuses on a few key asset protection strategies that business owners can employ to protect the financial security that they have worked so hard for.

Directors’ and officers’ (D&O) liability insurance policies provide coverage for claims brought against the directors and officers of a corporation, not against the corporation itself.  

This presentation compliments the article of the same name, outlining the types of liability directors and officers face, examining common provisions and exclusions in D&O policies, and discussing how varying interpretations of three terms, “loss,” “wrongful act,” and “claims,” impact the scope of protection provided under D&O policies.