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Barnes & Thornburg LLP's Toxic Tort Practice Update - Fall 2013

Welcome to the Fall 2013 edition of the Toxic Tort Practice Update, an e-publication created by the attorneys in Barnes & Thornburg LLP's Toxic Tort group that will keep you up-to-date on a number of topics of interest.


The Scarlet Letter: Asbestos Litigation for the New or Low-Profile Defendant
By Ken Gorenberg 

There seems to be no end to asbestos litigation as it ensnares more and more companies along the way, bankrupting some. Read more about several measures a new or low-profile defendant can employ to manage the business problem of asbestos litigation.

Rethinking Preemption in the Defense of Aerosol Cans (And Other DOT-Regulated Containers)
By Dean Barnhard

Billions of self-pressurized aerosol cans are made and sold in the United States every year, and they contain and dispense thousands of different kinds of products — an almost infinite variety of different personal hygiene products, paints, solvents, lubricants, pharmaceuticals, confections, cleaning supplies, and novelty items. They are ubiquitous in modern society. But when aerosol can accidents happen, the consequences may be severe.

The Importance of Identifying Jurors with Reservations about Science 
By Dennis P. Stolle, PhD; Christina A. Studebaker, PhD, MLS; and David C. Bartholomew

It will come as no surprise to most trial lawyers that the higher a juror’s level of education and the more math and science courses the juror has taken, the better chances are that the juror will comprehend complex scientific evidence. But education is not the only piece to consider in selecting a jury. Peer-reviewed research confirms that jurors who expressed reservations about the value of science before hearing the trial evidence tended to have difficulty comprehending scientific evidence — independent of a juror’s education level. Read more about the importance of identifying potential jurors with negative attitudes about science during voire dire 


About Us

Barnes & Thornburg's skilled litigators and trial lawyers have experience in defending claims involving a wide range of chemical substances in all types of cases, including environmental contamination, product-related mass torts and putative class actions, individual personal injury claims, property damage claims and crop loss cases. We have defended industrial and chemical manufacturers in all 50 states and have experience in state and federal trial and appellate courts across the country.

For more information about our Toxic Tort Practice Group, contact Joseph G. Eaton at joe.eaton@btlaw.com or 317-231-7705; or Denise A. Lazar at denise.lazar@btlaw.com or 312-214-4816.

© 2013 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is proprietary and the property of Barnes & Thornburg LLP. It may not be reproduced, in any form, without the express written consent of Barnes & Thornburg.

This Barnes & Thornburg LLP publication should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.

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