Gov. Pritzker signed Senate Bill 328 into law on Aug. 15. A circuit court recently dismissed one challenge to the law brought by various Illinois lawmakers.
Continue Reading Circuit Court Rejects Illinois Lawmakers’ Challenge to Senate Bill 328’s Expansion of Toxic-Tort Jurisdiction

Amid the waning hours of its spring legislative session, the Illinois General Assembly passed a bill which, if the governor signs, would significantly expand Illinois courts’ jurisdictional reach to foreign corporations in toxic tort litigation.
Continue Reading Illinois Senate Bill 328 May Impact Foreign Corporations in Toxic Tort Cases

On Feb. 7, New York Governor Andrew M. Cuomo signed legislation regulating the presence of toxic chemicals in children’s products and apparel. The governor agreed to the legislation – the last of the bills from the 2019 legislative session to be signed – on the condition that the bills be amended in the current 2020…

The question of whether, and under what circumstances, a plaintiff can represent a class as to products he or she did not purchase, remains a vexing one for courts.  Judge St. Eve of the Northern District of Illinois recently weighed in on this issue.  In Wagner v. General Nutrition Corp., (No. 16-cv-10961, July 19,…

On March 31, 2017, the D.C. Circuit held that the Federal Communications Commission (FCC) lacked authority under the Telephone Consumer Protection Act, as amended by the Junk Fax Prevention Act (collectively, the TCPA), to issue a rule, known as the “Solicited Fax Rule,” requiring businesses to include opt-out notices on solicited fax advertisements. Bais Yaakov…

Introduction

The Environmental Protection Agency (EPA) recently concluded that the available data at this time suggest that the herbicide, glyphosate, is “not likely to be carcinogenic to humans.”

The EPA’s Office of Pesticide Programs (OPP) undertook the glyphosate study as part of its periodic review of pesticides registered under the Federal Insecticide, Fungicide and Rodenticide …

In January 2015, we reported that California’s law on advertising “Made in USA” claims, Cal. Bus. & Prof. Code § 17533.7, had been interpreted as imposing a stricter standard than guidelines adopted by the Federal Trade Commission (FTC) on the same issue. Specifically, the California law had been interpreted to require that 100 percent of…

The Occupational Safety and Health Administration (OSHA) proposes to amend its existing exposure limits for occupational exposure in general industry to beryllium and beryllium compounds and to promulgate a substance-specific standard for general industry regulating occupational exposure to beryllium and beryllium compounds. In a proposed rule published on Aug. 7, 2015, OSHA  proposes a new  permissible exposure limit (PEL). Comments must be submitted by Nov. 5, 2015.

The proposed rule would reduce exposure limits to one-tenth of the amount currently allowed. Currently, OSHA’s eight-hour permissible exposure limit for beryllium is 2.0 micrograms per cubic meter of air. OSHA’s proposed standard would reduce the eight-hour permissible exposure limit to 0.2 micrograms per cubic meter. The proposed rule contains several ancillary provisions, including requirements for exposure assessment, personal protective clothing and equipment (PPE), medical surveillance, medical removal, training, and regulated areas  or access control.Continue Reading OSHA Significantly Reduces Exposure Limits to Beryllium and its Compounds

With two recent decisions sure to please the plaintiff’s bar, the U.S. Court of Appeals for the Seventh Circuit landed a blow to defendants facing class action and data breach lawsuits. In the first decision, the Seventh Circuit ruled that data breach plaintiffs, who regularly bring suits as class actions, have Article III standing despite…