Toxic Tort
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Toxic Tort
Toxic tort litigation abounds and particularly in West Virginia. Plaintiffs' lawyers in West Virginia classify any substance which has the potential to create harm as toxic. The West Virginia Supreme Court of Appeals has adopted an extraordinarily broad definition of 'toxic' when it included an FDA approved drug as a toxic substance subject to its medical monitoring cause of action.
The F3 toxic tort team has experience in individual cases as well as mass litigation cases. Because causation is normally the focus when defending toxic tort cases, F3 works closely with the manufacturer to study and understand the substance, its constituent parts, its markers and effects on humans when exposure occurs.
F3 recognizes that product integrity and future viability is always an issue in a toxic tort case. As a consequence, it is proactive in expediting the disposition of the litigation so that any doubt about the product's safety and efficacy can be resolved very quickly.
F3 accepts toxic tort representations throughout the state of West Virginia and in proximate regions of Kentucky and Ohio as requested.
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| Publications |
| Joint Defense Agreements, Book Chapter in Advocacy in the 21st Century published by the International Association of Defense Counsel (December 2001) |
| Medical Monitoring Claims in West Virginia - 50 State Survey of Medical Monitoring: A Report of the Pharmaceuticals and Biologicals Subcommittee of the Product Liability Committee, American Bar Association - Section of Litigation (November, 2001) |
| Primer For The Product Manufacturer In The 1990's, National Safety Council National Convention (San Diego, CA October, 1994) |
| Product Liability, West Virginia State Bar CLE Seminar (April, 1981) |
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| Seminars |
| Removal, Remand and Fraudulent Joinder, West Virginia Continuing Legal Education Litigation Seminar (Canaan Valley, West Virginia, February 3, 2006) |
| Primer For The Product Manufacturer In The 1990's, National Safety Council National Convention (San Diego, CA October, 1994) |
| Product Liability, West Virginia State Bar CLE Seminar (April, 1981) |
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| Cases |
| Ashworth v. Albers Medical, Inc., 410 F. Supp.2d 471 (S.D.W.Va. 2005) |
| Baisden v. Bayer Corp., 275 F. Supp.2d 759 (S.D. W.Va. 2003) |
| In re West Virginia Rezulin Litigation, __ W. Va. ___, 585 S.E.2d 52 (2003) |
| In re West Virginia Rezulin Litigation, 2001 WL 1818442 (W.Va. Cir. Ct., Dec. 13. 2001) |
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