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Product Liability

Oct. 12, 2012

Decision gives suppliers early exit in toxic tort cases

A 2nd District Court of Appeal decision may have changed California personal injury toxic tort case pleading and motion practice. By Colleen O'Brien of Steptoe & Johnson LLP


By Colleen O'Brien


The February 2nd District Court of Appeal decision Maxton v. Western States Metals, 203 Cal. App. 4th 81 (2012), may have changed California personal injury toxic tort case pleading and motion practice. Suppliers of metals and (non-asbestos-containing) chemical products should take note that courts are increasingly sustaining demurrers and granting dispositive motions based on plaintiffs' inability to comply with Maxton...

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