"Those of you who handle toxic torts may have seen defense motions to dismiss your
"We now have a comprehensive, well-reasoned brief from the U.S. Department of Labor, filed yesterday in the DC Circuit Court of Appeals, which sets the record straight on OSHA’s “intentions” with the preemption clause in the hazard communication standard. This brief conclusively demonstrates that our [NJ] Appellate Division erred in Bass.
See American Tort Reform Association, et al., v. Occupational Safety & Health Administration and U.S. Department of Labor, USCA DC Case No. 12-1229, Document #1435443 Filed 05/09/2013.