LITIGATION

R. J. Massie, The American Chemical Society and Dialog Information Services Settle Litigation, press release. Chemical Abstract Service, Columbus, Ohio, Oct. 29,1993. 

Has your enterprise been faced with a history of environmental litigation, fines, penalties, or corrective actions How many of these have occurred over the last five years, and what were the reasons ... 

Parshall, D. R. (1989). Suggestions for Structuring the Product Design and Manufacturing Process to Help Create Safe Products and Reduce Litigation Risk. Hazard Prevention (April/June), 12-17. 

These features are quantified, as well as testing for contamination in both soil and water to prevent unnecessary litigation over previous pollution. 

Any pending litigation or recent court judgment against the firm. 

The time and date of arrival and time of leaving may seem pedantic, but can avoid difficulties later. Clerks of works diaries are often admitted as contemporaneous evidence in litigation and arbitration. This is discussed further in Section 8.17. 

Most disputes take the form of strongly worded letters between the parties, with eventual threats of litigation or arbitration, very often in an attempt to cause a party to capitulate. Where there is a genuine attempt to settle a dispute the letters between the parties can be marked Without Prejudice and letters so worded cannot be used in evidence without the consent of both parties. If a binding contract has been effected because of without prejudice interviews or letters, this may be proved by means of the without prejudice statement, as in Tomlin v. STC Ltd (1969). 

Litigation in the plastic and other industries usually involves patent infringement, theft of trade secret, product liability, or a specific performance. With the usual patent law, the expert is expected to report on the obviousness of an invention. Prior art and knowledge of the requirements for patentability will often be key parts of the expert s... 

Laboratory equipment has to be maintained on a regular basis. A record should be kept of the date and the type of maintenance performed. This should be placed in the file for the instrument involved. If the maintenance is done on an in-house basis, the report should be initialed by the person who performs it. If done by a factory representative, there will be a receipt which should be filed. More than once, good maintenance records have saved an analytical laboratory from litigation when a client claimed that its results were incorrect. 

In this chapter, we will examine some of the issues that are frequently raised in both criminal and civil PCP-related litigation. 

These cases illustrate some of the complex issues associated with PCP-related litigation. The concept that malice is implied when an experienced drug user commits a crime while under the influence of the drug is not held in most states, at the present time. 

Surveying the situation realistically, Perkin retired from the fray. He was tired of litigation, fires, and explosions, and he could see that Britain was losing the chemical race to Germany. Even Professor Hofmann had left England and gone home. At the age of 35, Perkin was already a millionaire, so, in 1873, he renounced manufacturing to return to the scientific research he had loved in his youth. 

The Federal Water Pollution Control Act (Clean Water Act) establishes nationally applicable effluent limitations using criteria based on different levels of control technology. For example, risk assessments were carried out in response to the settlement of litigation asserting a failure to set standards... 

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