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Expert Analysis

Defending Against A New Generation Of Toxic Torts

Law360, New York (July 15, 2016, 11:25 AM EDT) -- The recent passage of Toxic Substance Control Act (TSCA) reform will incentivize the plaintiffs bar to bring more toxic tort suits against chemical manufacturers. TSCA's new testing mandates and relaxed protections for confidential business information will provide plaintiffs with government-generated ammunition to support "toxic soup" cases. Manufacturers must therefore ensure that they are operating in compliance with any new regulatory standards, show that past testing and confidentiality practices reflected a corporate commitment to safety and "playing by the rules," and then communicate all this to judges and juries in a compelling and comprehensible manner....

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