The St. Louis office of Maron Marvel Bradley Anderson & Tardy LLC has moved into a new office space. Effective today, the St. Louis office’s new address is 7711 Bonhomme Avenue, Suite 650, St. Louis, MO 63105.

Maron Marvel is pleased to announce senior counsel Robert W. Petti was appointed chair of the Chicago Bar Association’s Environmental Law Committee. The CBA’s practice committees are designed to provide a space for networking, discussing legal topics, and sharing expertise.

Rob has extensive experience in environmental, sustainability, and toxic tort law and regularly speaks at conferences around the county. He represents and provides legal counsel for clients at the federal, state, and local levels. Rob is also an editor and contributing author of the Environmental and Toxic Tort Advisor.

Earlier this year, the news was rampant with misleading stories that New York became the first state in the union to ban certain laundry detergents for containing 1,4-Dioxane after a third-party lab conducted testing on certain detergents. Fuel was added to the fire as reports of this “laundry detergent ban” spread quickly across social media such as TikTok. Despite the claims being made by social media influencers, New York did not ban any laundry detergent products. Rather, effective, January 1, 2022, New York amended its Environmental Conservation Law (ECL) Articles 35 and 37 to establish limits on the amount of 1,4-Dioxane that is permitted to be present in household cleaning, personal care, and cosmetic products sold or offered for sale in New York.

The amended maximum allowable limits were set at 2 PPM for household cleaning and personal care products and 10 PPM for cosmetics. The current 2 PPM limit for presence of 1, 4-Dioxane in detergents and cleaners is expected to be further lowered to 1 PPM by the end of 2023 though many interest groups are calling for the eradication of 1, 4-Dioxane in household products, entirely.

1,4-Dioxane, a colorless liquid with a faint sweet odor is a heterocyclic organic compound and it is classified as an ether. It is used as a solvent (for inks, adhesives, and cellulose esters), as a stabilizer for transporting chlorinated hydrocarbons in aluminum containers, and as a substitute for tetrahydrofuran in some processes because it has a lower toxicity and higher boiling point than tetrahydrofuran. From a defense standpoint, it must be noted that 1,4-Dioxane is only detectable by lab equipment and has been found in many household and other products (including paint strippers, dyes, greases, antifreeze, aircraft deicing fluids, food supplements, food containing residue from packaging with adhesives, food crops treated with pesticides that contain 1, 4- Dioxane), making it difficult to pinpoint any guaranteed exposure sources in plaintiffs. Further, 1, 4-Dioxane is short lived in an air environment and, per the CDC fact sheet for 1, 4-Dioxane, only has a half-life of one-three days and though it biodegrades more slowly in the water and soil, the EPA has classified it only as “likely to be carcinogenic to humans,” though in 1988 the California added 1, 4-dioxane to a list of chemicals “known” to cause cancer.

The inaccurate reporting regarding the so called “laundry detergent ban” claimed that certain detergents did not comply with New York’s laws regarding limitations on the presence of 1, 4-dioxane in final products sold to consumers and made misleading statements to the public that these noncompliant laundry detergents and household products were illegal or banned. These sensationalist reports were also misleading in that they largely glossed over the fact that 1, 4-dioxane is not an ingredient in laundry detergents and household cleaning products but is simply a by-product that can occur during the manufacturing process of these household items and is typically only present in very low trace levels, if at all, in the detergents and cleaning products improperly reported as having been “banned.”

Language is important, and despite claims made across social media, it was not brands that were banned, but certain formulations of brands that would no longer be acceptable under the amended 2 PPM limit. In reality, manufacturers were permitted time to reformulate their at-risk brands to comply with the new limits and, by the time of the drafting of this post, many popular brands have already done exactly that, well ahead of the statutory deadlines set by the New York State Department of Environmental Conservation. The law also permits products exceeding the 1, 4-Dioxane limit to be sold in New York if they have a waiver from the DEC, which some products have already received. The waiver allows manufacturers additional time to achieve compliance with the lowered 1, 4-Dioxane allowable limits.

Given the attention already seen with respect to this topic, we can expect more and more cases to pop up related to 1, 4-Dioxane exposure over the coming years, especially as potential claimants are fueled by social media fires. As these cases arise, it is important to remember to engage experts early to assist in developing defense strategies with counsel from the start of litigation. These include consideration of all possible avenues of exposure and alternate theories of causation and staying abreast of changing standards. With the recent trend of holding manufacturers to stricter and stricter environmental standards, especially with respect to new and emerging chemicals, it is certain that laundry detergent will not be the last product under the microscope.

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About The Blog

Our environmental law and toxic tort attorneys will provide you with news, legal updates, and commentary on environmental and toxic tort liability issues. We hope you find our content informative and helpful as you deal with the ever-changing challenges toxic tort and environmental matters pose to your organization. To receive updates directly to your inbox, click here.

Disclaimer: The information contained in this publication should not be considered legal advice, is not a substitute for legal counsel, and should not be relied on as such. In some jurisdictions, this is considered advertising. For legal advice or answers to specific questions, please contact one of our attorneys.

As a recently joined member of the Leadership Council on Legal Diversity, Maron Marvel president and managing member Catherine Pyune McEldowney has made her Leader’s Pledge! This is an action plan, translating her personal commitment to diversity into organizational changes that are specific, meaningful, and measurable. See Cathie’s statement below.

Maron Marvel is pleased to announce its expansion in the southern United States with the addition of a new office in Mobile, Alabama. This is the firm’s 13th office spread among ten states, including some of the most litigious states in the country.

Maron Marvel director and seasoned Alabama trial attorney Donald Partridge will be managing the new office in Mobile. He brings 40 years of experience, including first-chair trial experience, in cases ranging from toxic tort to construction to professional liability cases. Maron Marvel director Richard Crump will also be practicing in Alabama.

“We already are serving clients with operations in or located in Alabama, and our clients’ needs are growing in the southern region of the United States. Expanding to Mobile was an easy decision that coincides with our growth plans,” said Cathie Pyune McEldowney, Maron Marvel’s Managing Shareholder and President. “As we continue to develop and extend our client base on a national level, we hope to continue to bring on more experienced diverse litigators who share our philosophy to provide best-in-show service while providing value and cost-efficiencies to our clients.”

Donald Partridge is a first-chair trial attorney with extensive experience managing complex litigation to verdict. He also serves as national coordinating counsel for a comprehensive and diverse industrial supplier. He is also local and regional counsel for multiple toxic tort defendants in Alabama, Mississippi and Arkansas and has been directly involved in several significant and groundbreaking decisions in those jurisdictions.

“We are excited to widen our geographic footprint into Alabama, a state with a developing economy in several of the key industries we serve currently. Our new office positions the firm to better serve existing clients while supporting Maron Marvel’s core values,” said Donald Partridge, Alabama Managing Office Attorney.

Joining Partridge is his colleague Maron Marvel director Richard Crump who has spent most of his 30-year legal career defending companies in high-risk litigation involving personal injury and wrongful death, product liability, environmental contamination, and construction defect and deficiency. He is well-known as an “expert on the experts” and is one of the nation’s leading attorneys in preparing and deposing corporate witnesses and experts. In addition to handling cases in Alabama, Richard practices in Florida, Louisiana, and Mississippi.

Maron Marvel’s new office is located at 1111 Dauphin St., Mobile, Alabama. The office can be reached at 251-678-9535.

Established in 1996, Maron Marvel started as a boutique toxic tort practice in Wilmington, Delaware, and has grown into a nationally respected firm practicing in 27 states from 13 offices located throughout the United States. Maron Marvel’s devoted attorneys and staff work in synchrony to climb higher, smarter, and faster to elevate national litigation risk management. Our lawyers are focused on winning by being fearless, loyal, efficient, and steadfast. We are equally committed to improving the world and legal profession through dedicated DEI, community service, and attorney development work.

Maron Marvel is pleased to announce Liana M. Nobile has been selected to the 2023 New Jersey Rising Stars list.

For the second year in a row, Liana is being recognized for her outstanding work in Civil Litigation – Defense. She is an associate attorney at our Jersey City office. Congratulations, Liana!

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Super Lawyers, part of Thomson Reuters, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys. The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country. Super Lawyers Magazines also feature editorial profiles of attorneys who embody excellence in the practice of law. For more information about Super Lawyers, visit SuperLawyers.com.

Primary and excess insurance carriers and their counsel need to pay close attention to a new Texas Supreme Court case Exxon Mobil vs. National Union Fire Insurance Company of Pittsburgh Pennsylvania and Starr Indemnity & Liability Insurance Company, Supreme Court of Texas, Case No. 21-0936.  In that case, the Texas Supreme Court found an “additional insured,” named as such by virtue of a Master Service Agreement, was entitled to, not only the original insured’s primary policy limits, but also to the original insured’s excess limits despite a provision in the umbrella policy disclaiming “broader coverage.”

The facts are as follows:  Savage Refinery Services entered into a Master Service Agreement (MSA) with Exxon Mobil.  Pursuant to the terms and conditions of that contract and agreement, Savage Refinery Services obtained multiple insurance policies, including a $5 million primary policy with National Union Fire Insurance Company of Pittsburgh Pennsylvania and an additional “umbrella” policy with National Union Fire Insurance Company of Pittsburgh Pennsylvania and a second “umbrella” policy with Starr Indemnity and Liability Insurance Company.

In the Master Service Agreement, Savage Refinery Services agreed to name Exxon Mobil as an additional insured.

Two Savage Refinery Services’ employees were seriously injured while working at an Exxon Mobil facility.  The two workers sued Exxon Mobil.  Exxon Mobil settled both claims for roughly $12 million each for a total settlement of $24 million.

National Union Fire Insurance Company of Pittsburgh Pennsylvania tendered its primary policy limits of $5 million to pay, in part, the negotiated settlement amounts, acknowledging Exxon Mobil as an additional insured.

Exxon Mobil then made a demand on National Union Fire Insurance Company of Pittsburgh Pennsylvania for additional limits and coverage under its excess umbrella policy to satisfy the remaining funds owed in the settlements.  Exxon Mobil demanded access to the limits as an “additional insured” under the umbrella policy.

Importantly, National Union Fire Insurance Company of Pittsburgh Pennsylvania’s umbrella policy contained the following language:

Insured means:…any person or organization, other than

the Named Insured, included as an additional insured

under Scheduled Underlying Insurance, but not for

broader coverage than would be afforded by such

Scheduled Underlying Insurance.  (emphasis added)

Further, the primary policy covered “any person or organization” to which Savage is obligated by “any contract or agreement” to provide insurance.

National Union Fire of Pittsburgh Pennsylvania argued the “no broader coverage” language in the umbrella policy meant coverage for Exxon Mobil as an additional insured was limited to the primary policy’s limits.

The trial court sided with Exxon Mobil and found Exxon Mobil was an additional insured under the umbrella policy, thus, entitled to the limits of the umbrella policy”.  National Union Fire of Pittsburgh Pennsylvania appealed.

The Court of Appeals reversed the trial court’s opinion, finding Exxon Mobil was limited to the primary policy’s proceeds due to the “no broader coverage” language.

Exxon Mobil appealed to the Texas Supreme Court.

The Texas Supreme Court recognized that the interpretation of the insurance policies at issue must be analyzed in concert with the language of the Master Service Agreement entered into between the parties.

The Texas Supreme Court set out a three (3) step analysis in analyzing insurance policies and Master Service Agreements, emphasizing the steps necessary to include “extrinsic documents” for interpreting insurance policy proceeds.  The first step is to review the text of the insurance policy at issue.  Secondly, any reference to extrinsic documents (such as the Master Service Agreement) will be made only if the policy requires it.  Finally, any reference or interpretation of the insurance policy relative to the language contained in extrinsic documents will be done so only to the extent the extrinsic document is incorporated into the policy.

National Union Fire argued that the umbrella policy’s language limiting the umbrella policy to “no broader coverage” than the primary policy means Exxon cannot broaden its entitlement to insurance policy proceeds to anything beyond the primary policy.  The Texas Supreme Court disagreed, noting that Exxon Mobil does not seek “broader” coverage.  Exxon Mobil seeks only the same coverage Savage Refinery Services would have under the same policies.

On May 2, 2023, Maron Marvel’s Rob Petti as the vice chair of the Chicago Bar Association’s Environemtal Law Section hosted Robert Kaplan, Regional Counsel, U.S. Environmental Protection Agency, Region 5 for a CLE on:

• Broad overview of Region 5’s 2023 Enforcement Initiatives; and
• USEPA’s Response to the Norfolk Southern Derailment in East Palestine, Ohio, and the impact on how transportation accident response actions are handled generally.

Director Shari Milewski joined the Board of Directors for Head Start, Inc. in New Castle County, DE. Head Start, Inc. is a private non-profit organization devoted to promoting the school readiness of children up to 5 years old from income-eligible families.

Maron Marvel director Audrey O. Anyaele will serve as co-chair for this year’s Environmental Risk and PFAS Litigation Conference. This is the second year in a row that Audrey will co-chair this event. She previously presented at the Environmental Risk and PFAS Litigation Conference in 2019 and 2021.

Senior counsel Rob Petti will serve again as a moderator for the panel “Emerging Contaminants and Reopeners.”

Hosted by Perrin Conferences, this full day of presentations and panels will be held June 15-16, 2023 at the New York Athletic Cub in New York, NY. To register and learn more, click here: https://www.perrinconferences.com/conferences/environmental-risk-and-pfas-litigation-conference-2/

Maron Marvel is pleased to announce firm president, managing member, and executive committee chair Cathie McEldowney has become a member of the Leadership Council on Legal Diversity (LCLD).

As stated on the LCLD website, “The Leadership Council on Legal Diversity is an organization of more than 400 corporate chief legal officers and law firm managing partners—the leadership of the profession—who have pledged themselves… to creating a truly diverse U.S. legal profession.”

As a firm, we are dedicated to DEI and are proud to contribute our efforts to the mission of the LCLD. We look forward to the combined impact and change toward a more diverse and equitable legal world.

Associate attorney Gabrielle Morrison, from our Philadephia, PA office, volunteered for a career day panel at Mastery Charter School: Hardy Williams High in Philadelphia, PA. She participated in multiple networking sessions and had a great time engaging with the juniors and seniors.