A Primer for Prospective “Secondary and Premises” Asbestos Defendants

Given the current state of the asbestos litigation, the potential for tort reform, and new information regarding past asbestos claim history, many companies are for the first time assessing their potential asbestos liability. To reduce the impacts of asbestos claims, these companies are evaluating decisions regarding past insurance settlements for environmental liabilities and carve-outs for asbestos liabilities, pursuing insurance coverage for past and future asbestos claims, prioritizing asbestos litigation and settlement strategies, and strengthening asbestos-related disclosures. Model estimates of future impacts of asbestos liabilities can be developed by assessing past claimant information, identifying past asbestos use, population and occupations exposed (worker and bystander), and accounting for future claim runoff. These model estimates can incorporate probability distributions to account for ranges in uncertainty based on published references as well as uncertainties defined by site- or claimant-specific data. By accounting for uncertainty and updating the model as new information becomes available, companies can proactively assess the past, present, and future impacts of asbestos on the company.     

Mexico's Southern Flank: The “Third” U.S. Border

Mexico's crime-ridden southern frontier has become a veritable third U.S. border, as a constant flow of Central Americans and others cross into Mexico, often en route to the United States. As the number of unlawful migrants surges, their characteristics are changing: recent apprehensions include nationals of Caribbean, Middle Eastern, and Asian nations, and foreigners linked to terrorism are using Mexico as a thoroughfare to the United States. Mexico's immigration department is hindered by a number of factors in stanching this flow, and Mexican officials have only begun to publicly recognize the severity of the problem. Washington, too, must wake up to the security threat posed by Mexico's soft underbelly.     

Natural Settings Trials — Improving the Introduction of Clinical Genetic Tests

Approaches to genetic testing differ in the research setting and the clinical setting. More data are needed to develop approaches that will best facilitate the use of new genetic tests in the clinical setting, especially settings where genetic testing has not been widely used, such as in primary care. Furthermore, data are needed to establish the clinical utility of new genetic tests in the general practice setting. Natural setting trials are proposed as a strategy to develop this information. While natural setting trials are clinical research studies and will expose participants to some degree of risk, the risks are different, and arguably less than the risks those same individuals would otherwise face if the test went directly into clinical practice. Ultimately, clinical practice and safety of new genetic tests can be improved by adding the evaluation provided by natural setting trials.     

The use of indigo derivatives to dye denim material.

Recently, attention was again drawn to the use of microspectrophotometry to distinguish between fibres dyed with indigo and seven derivative dyes. Under normal circumstances, fibres dyed with indigo (Vat Blue 1 or CI Number 73000) are not included in fibre-transfer examinations as, being ubiquitous, they do not usually have any evidential value. Indigo substitutes are used for fashion dyeing. If their use is widespread, the assumption that all denim material is dyed with Vat Blue 1 may need revising. A positive finding might make it necessary to reconsider the use of certain denim fabrics as capable of providing target fibres. Fibres from 160 samples of denim articles in current use were examined by microspectrophotometry to determine whether either indigo derivative dyes, or other dyes, had been used instead of the traditional indigo.