The Duty to Warn in Toxic Tort Litigation

Subsequent to the landmark case of Greenman v. Yuba Power Products, Inc., the American judicial system has become encumbered by a staggering number of products liability actions. A significant number of these cases involve allegations of inadequate or nonexistent warnings. Given society\u27s increasing reliance on chemical products, the potential for additional claims from accidental exposure to or improper use of toxic chemicals in the home, the workplace, and the environment is immense, notwithstanding the best efforts of the chemical industry to minimize the risk of injury. The result is a huge cost to manufacturers -both from paying damage claims and incurring legal expenses in resisting claims. This Article begins with a description of the general elements of an adequate warning, utilizing the Restatement (Second) of Torts as a guide. It then focuses upon the learned intermediary doctrine, an exception to the general rules concerning adequate warning, to determine if its rationale permits application in other contexts. The discussion then shifts to an analysis of the duty to warn under the Uniform Product Liability Act (UPLA), drafted by the United States Department of Commerce, which suggests that the doctrine should be applied to hazardous chemical manufacturers. Finally, an analysis of the pertinent case law determines the parameters of this emerging doctrine and the extent to which these parameters have mirrored the guidelines set forth in the UPLA

Cabbage and fermented vegetables : From death rate heterogeneity in countries to candidates for mitigation strategies of severe COVID-19

Large differences in COVID-19 death rates exist between countries and between regions of the same country. Some very low death rate countries such as Eastern Asia, Central Europe, or the Balkans have a common feature of eating large quantities of fermented foods. Although biases exist when examining ecological studies, fermented vegetables or cabbage have been associated with low death rates in European countries. SARS-CoV-2 binds to its receptor, the angiotensin-converting enzyme 2 (ACE2). As a result of SARS-CoV-2 binding, ACE2 downregulation enhances the angiotensin II receptor type 1 (AT(1)R) axis associated with oxidative stress. This leads to insulin resistance as well as lung and endothelial damage, two severe outcomes of COVID-19. The nuclear factor (erythroid-derived 2)-like 2 (Nrf2) is the most potent antioxidant in humans and can block in particular the AT(1)R axis. Cabbage contains precursors of sulforaphane, the most active natural activator of Nrf2. Fermented vegetables contain many lactobacilli, which are also potent Nrf2 activators. Three examples are: kimchi in Korea, westernized foods, and the slum paradox. It is proposed that fermented cabbage is a proof-of-concept of dietary manipulations that may enhance Nrf2-associated antioxidant effects, helpful in mitigating COVID-19 severity.Peer reviewe

Nrf2-interacting nutrients and COVID-19 : time for research to develop adaptation strategies

There are large between- and within-country variations in COVID-19 death rates. Some very low death rate settings such as Eastern Asia, Central Europe, the Balkans and Africa have a common feature of eating large quantities of fermented foods whose intake is associated with the activation of the Nrf2 (Nuclear factor (erythroid-derived 2)-like 2) anti-oxidant transcription factor. There are many Nrf2-interacting nutrients (berberine, curcumin, epigallocatechin gallate, genistein, quercetin, resveratrol, sulforaphane) that all act similarly to reduce insulin resistance, endothelial damage, lung injury and cytokine storm. They also act on the same mechanisms (mTOR: Mammalian target of rapamycin, PPAR gamma:Peroxisome proliferator-activated receptor, NF kappa B: Nuclear factor kappa B, ERK: Extracellular signal-regulated kinases and eIF2 alpha:Elongation initiation factor 2 alpha). They may as a result be important in mitigating the severity of COVID-19, acting through the endoplasmic reticulum stress or ACE-Angiotensin-II-AT(1)R axis (AT(1)R) pathway. Many Nrf2-interacting nutrients are also interacting with TRPA1 and/or TRPV1. Interestingly, geographical areas with very low COVID-19 mortality are those with the lowest prevalence of obesity (Sub-Saharan Africa and Asia). It is tempting to propose that Nrf2-interacting foods and nutrients can re-balance insulin resistance and have a significant effect on COVID-19 severity. It is therefore possible that the intake of these foods may restore an optimal natural balance for the Nrf2 pathway and may be of interest in the mitigation of COVID-19 severity

Effects of Anacetrapib in Patients with Atherosclerotic Vascular Disease

BACKGROUND: Patients with atherosclerotic vascular disease remain at high risk for cardiovascular events despite effective statin-based treatment of low-density lipoprotein (LDL) cholesterol levels. The inhibition of cholesteryl ester transfer protein (CETP) by anacetrapib reduces LDL cholesterol levels and increases high-density lipoprotein (HDL) cholesterol levels. However, trials of other CETP inhibitors have shown neutral or adverse effects on cardiovascular outcomes. METHODS: We conducted a randomized, double-blind, placebo-controlled trial involving 30,449 adults with atherosclerotic vascular disease who were receiving intensive atorvastatin therapy and who had a mean LDL cholesterol level of 61 mg per deciliter (1.58 mmol per liter), a mean non-HDL cholesterol level of 92 mg per deciliter (2.38 mmol per liter), and a mean HDL cholesterol level of 40 mg per deciliter (1.03 mmol per liter). The patients were assigned to receive either 100 mg of anacetrapib once daily (15,225 patients) or matching placebo (15,224 patients). The primary outcome was the first major coronary event, a composite of coronary death, myocardial infarction, or coronary revascularization. RESULTS: During the median follow-up period of 4.1 years, the primary outcome occurred in significantly fewer patients in the anacetrapib group than in the placebo group (1640 of 15,225 patients [10.8%] vs. 1803 of 15,224 patients [11.8%]; rate ratio, 0.91; 95% confidence interval, 0.85 to 0.97; P=0.004). The relative difference in risk was similar across multiple prespecified subgroups. At the trial midpoint, the mean level of HDL cholesterol was higher by 43 mg per deciliter (1.12 mmol per liter) in the anacetrapib group than in the placebo group (a relative difference of 104%), and the mean level of non-HDL cholesterol was lower by 17 mg per deciliter (0.44 mmol per liter), a relative difference of -18%. There were no significant between-group differences in the risk of death, cancer, or other serious adverse events. CONCLUSIONS: Among patients with atherosclerotic vascular disease who were receiving intensive statin therapy, the use of anacetrapib resulted in a lower incidence of major coronary events than the use of placebo. (Funded by Merck and others; Current Controlled Trials number, ISRCTN48678192 ; ClinicalTrials.gov number, NCT01252953 ; and EudraCT number, 2010-023467-18 .)

Mixed-Motive Discrimination Under the Civil Rights Act of 1991: Still a Pyrrhic Victory for Plaintiffs?

One of the many statutory changes brought about by the Civil Rights Act of 1991 involved an effort to overturn the United States Supreme Court\u27s decision in Price Waterhouse v. Hopkins. In that case, the Supreme Court held that when the plaintiff shows that an impermissible factor (e.g., race or gender) played a motivating role in an employment decision, the employer still can avoid liability by proving that it would have made the same employment decision in the absence of the impermissible factor. Congress responded by amending Title VII of the Civil Rights Act of 1964 so that the employer can be found liable if an impermissible factor played a motivating role in the employment decision, even if the employer would have made the same employment decision in the absence of the impermissible factor; however, if the employer can prove that it would have made the same decision, then the employee cannot recover damages or gain reinstatement, hiring, or promotion. A court still could order declaratory or injunctive relief, and it may still award attorney fees to the employee as the prevailing party. ... This Article addresses the issue of mixed-motive discrimination and retaliation litigation in four parts. Part I briefly recounts the changes that the 1991 Act implemented. Part II discusses how the courts have addressed the issue of attorney fees when the employee proves that unlawful discrimination was a motivating factor in the adverse employment decision, but the employer proves that it would have reached the same decision in the absence of a discriminatory motive. Part III discusses the conflict among the courts over whether the 1991 Act even applies to mixed-motive retaliation cases. Finally, Part IV presents the argument that the majority rule that has emerged for both issues represents a practical and sensible approach to employment discrimination and retaliation litigation

The Duty to Warn in Toxic Tort Litigation

Subsequent to the landmark case of Greenman v. Yuba Power Products, Inc., the American judicial system has become encumbered by a staggering number of products liability actions. A significant number of these cases involve allegations of inadequate or nonexistent warnings. Given society\u27s increasing reliance on chemical products, the potential for additional claims from accidental exposure to or improper use of toxic chemicals in the home, the workplace, and the environment is immense, notwithstanding the best efforts of the chemical industry to minimize the risk of injury. The result is a huge cost to manufacturers -both from paying damage claims and incurring legal expenses in resisting claims. This Article begins with a description of the general elements of an adequate warning, utilizing the Restatement (Second) of Torts as a guide. It then focuses upon the learned intermediary doctrine, an exception to the general rules concerning adequate warning, to determine if its rationale permits application in other contexts. The discussion then shifts to an analysis of the duty to warn under the Uniform Product Liability Act (UPLA), drafted by the United States Department of Commerce, which suggests that the doctrine should be applied to hazardous chemical manufacturers. Finally, an analysis of the pertinent case law determines the parameters of this emerging doctrine and the extent to which these parameters have mirrored the guidelines set forth in the UPLA

Applying Topological and Economical Principles in Catalyst Design: New Alumina–Cobalt Core–Shell Catalysts

Designing new and effective catalysts may be an art, but its consequences are very real and pragmatic. That said, chemists often build designs on ideal systems, whereas the manufg. of chems. requires catalysts that withstand varied feeds, harsh conditions and long exposure times. Moreover, economical considerations are often underestimated at the catalyst design stage. Here we discuss the inclusion of economical and topol. considerations early on in the catalyst design process, giving as an example the synthesis and testing of a new type of alumina​/cobalt Fischer-​Tropsch catalysts