Is My Drywall Chinese? - HB Litigation Conferences

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also a former chairman of the International Law Section of the Florida Bar specializing in international litigation issues. Sheila Raftery Wiggins is a trial partner with Duane Morris LLP. Ms. Wiggins has extensive experience handling litigation arising from both residential and commercial construction claims. She has also represented contractors in litigation arising from major municipal construction projects. Ms. Wiggins is also an experienced products liability litigator, and has defended companies which manufacture, construct, and supply various construction and engineering related products. Her experience includes both individual and class action matters. Ms. Wiggins' experience has been recognized by her peers on numerous occasions. In 2008, Ms. Wiggins was selected by her peers as one of the New Jersey's top “40 Under 40” attorneys, and she has been named by the New Jersey Law Journal a “Rising Star” attorney for the years 2006-2009. Ms. Wiggins is active in several community and civic organizations, including the Supreme Court of New Jersey District V-A Ethics Committee, The Women Advocate Committee of the American Bar Association and the Women's Law Caucus Mentoring Program of Temple University Beasley School of Law. She serves on the Board of Directors of Musical Chairs Chamber Ensemble, a nonprofit corporation that supports classical musicians in the New York metropolitan area. She is also a member of the Civil Bench Bar and Civil <strong>Litigation</strong> sections of the Essex County Bar Association and a member of the Professional Responsibility and Women In The Profession sections of the Philadelphia County Bar Association. Ms. Wiggins is admitted to practice in New Jersey, New York and Pennsylvania. She is a 1998 graduate of Temple University School of Law, where she was business editor of the Temple International and Comparative Law Journal, and where she competed in regional and national competitions as a member of Temple's Negotiation Team. Patricia Williams, PhD, DABT, is board-certified in Toxicology and a Diplomate of the American Board of Toxicology. As President of Environmental Toxicology Experts, LLC, Dr. Williams has served as expert witness in numerous State and Federal Courts to determine causation of environmental and occupational diseases. She is currently a tenured Associate Professor and Coordinator for Toxicology Research Laboratories of the Pontchartrain Institute for Environmental Sciences, University of New Orleans, where she teaches Toxicology and Human Health, Ecotoxicology, and Toxicology of Coastal Organisms. Dr. Williams formerly served for 10 years as the Director of the Occupational Toxicology Outreach Program of the Department of Medicine at the LSU Medical Center in Shreveport, where she was an Associate Professor of Medicine. Federal Regulations and State licensure qualify Dr. Williams to serve as the Laboratory Director of an inhouse CLIA-certified research laboratory for Medical Surveillance for adverse health effects of chemical exposure, identifying the laboratory parameters that are clinical indicators of environmental and occupational exposure. Dr. Williams has performed health profiles and epidemiologic studies in workers and communities to identify the evolution of disease from toxic exposure. Dr. Williams holds a Doctorate in Anatomy, a MS in Microbiology and bachelor’s degree in Medical Technology. Eric Winegar, PhD, QEP, is Principal of Applied Measurement Science, based in Fair Oaks, CA. Dr. Winegar specializes in ambient air monitoring, source/process emissions, measurement technology evaluation, and on-site analysis.
The “Writing On The Wall”: Imported <strong>Drywall</strong> Prompts Health and Legal CConcerns Sheila Wiggins, Esq. Glenn Cambre, Esq Michael Ryan, Esq. Duane Morris LLP Dir., , Center for Environmental Krupnick p Campbell p 744 Broad Street Services ,Office of Public Health 700 S.E. Third Ave Suite 1200 Louisiana Department of Health Suite 100 Newark, NJ 07101 & Hospitals Ft. Laud., FL 33316 (973) 424-2001 (225) 342-7269 (954) 763-8181 SRWiggins@duanemorris.com glenn.cambre@la.gov MRyan@krupnicklaw.com USE OF IMPORTED DRYWALL ● 2000-early y 2001: Imported p drywall y first used ● 2004-2007: Increased use of imported drywall Shortage of U.S. made drywall New homes Remodeling of existing homes Some commercial property [ w w w . d u a n e m o r r i s . c o m ] 6/17/2009 1
Page 1 and 2: HB Litigation Conferences Presents
Page 3 and 4: FACULTY Jeremy Alters is the foundi
Page 5 and 6: works include FasTrain: Florida Civ
Page 7 and 8: a Superfund case that resulted in a
Page 9: clerk in the United States District
Page 13 and 14: STATES WHERE IMPORTED DRYWALL HAS B
Page 15 and 16: Florida Reports of Drywall “Cases
Page 17 and 18: STATE RESPOND ● Florida ● Louis
Page 19 and 20: Glenn Cambre, Esq. Director Directo
Page 21 and 22: PHONE SURVEY INFORMATION: Identifie
Page 23 and 24: LOUISIANA DRYWALL IMPACT MAPS 6/17/
Page 25 and 26: FLORIDA VS LOUISIANA DRYWALL • Fl
Page 27 and 28: Remediation Standard? ● Presently
Page 29 and 30: Chairman Pryor, Ranking Member Wick
Page 31 and 32: the German manufacturer, Knauf, onl
Page 33 and 34: companies, the homeowners, and the
Page 35 and 36: Chinese drywall spins off 'silent h
Page 37 and 38: The EPA said these results are not
Page 39 and 40: Get out of house with Chinese drywa
Page 41 and 42: The Consumer Product Safety Commiss
Page 43 and 44: “We’re trying to get the federa
Page 45 and 46: claims, but it's still a significan
Page 47 and 48: Imported Drywall and Health - A Gui
Page 49 and 50: Who is at risk? • insomnia • he
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"The Writing Is on the Wall": Defec
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significant indemnification or cont
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The Walls Are Closing In: Chinese D
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An Introduction to Our Firm Duane M
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• Utilizing the Construction Grou
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Occupational Safety and Health Act
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The Walls Are Closing In: Chinese D
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"The Writing Is on the Wall": Defec
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significant indemnification or cont
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Sheila Raftery Wiggins, Partner Dua
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Real Estate Litigation • Represen
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Selected Publications • "The Wall
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TRIGGER OF COVERAGE cont. 2. “Rel
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TRIGGER OF COVERAGE cont. 6. Triple
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OTHER CONSIDERATIONS • Deductible
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*Overused and Overwrought Metaphor?
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Reduced Sulfur Compounds are Diffic
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Analysis Methods— Electrochemical
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Conc. (ppmv) 1.0 0.9 0.8 0.7 0.6 0.
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Key Reactions* • H2S + H2O + M =
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Chemistry of Emissions from Drywall
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What is Damaged? Problems we’re s
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Copper Wires Blacken Paul G. Philli
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Pitted Bath Tub Stoppers Paul G. Ph
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What MAY BE Damaged Problems we’r
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What’s Reportedly Damaged Other p
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Black Copper Sulfide TYPICAL BLACKE
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Reaction Progresses Paul G. Phillip
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COATED COIL IS ALL BLACK Open Quest
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PUSH-IN WIRING CONNECTION Open Ques
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Open Questions • How and where ar
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Outline Chinese Drywall A Practical
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Is My Drywall Chinese? b) Visual Ap
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Is My Drywall Chinese? Is My Drywal
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Is My Drywall Chinese? • To Test
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Costs Risk Management 101 • Lesso
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Can This Get Any Worse? • Emergin
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The Expected Primary Defense: “Po
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Revisions to the “APE APE” Demo
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Cases Interpreting the Pollution Ex
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Other Issues Additional coverage pa
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contradicts the plain language and
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partial off-site exclusion for some
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With respect to the new, absolute p
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Even when courts find that an APE s
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Setting aside expectations of cover
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The LDI’s Advisory Letter warned
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Decisions by the High Courts in Cal
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interpretation comports with the AP
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exclusion should not reflexively be
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The court in Koloms criticized the
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ingestion of lead paint debris foun
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that reject coverage for non-enviro
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Survey of Appellate Court Decisions
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State Limiting Exclusion to “Indu
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State Limiting Exclusion to “Indu
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L:\MASTERLS\Seminar\HB Chinese Dryw
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OCCURRENCE “Property Damage”
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OCCURRENCE Majority View: Liabili
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CHOICE OF LAW Starting point for c
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CHOICE OF LAW “Significant Conta
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Which Contractors Will Be Covered b
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Which Contractors Will Be Covered b
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that has not been physically injure
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In sum, in most states the damage c
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the several Chinese drywall claims
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V. The “Absolute Pollution Exclus
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to test for, monitor, clean up, rem
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spraying of pesticide in apartment
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exclusion are not met because the
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VI. Choice of Law As discussed abov
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homes containing Chinese drywall ar
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“legally obligated to pay as dama
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By: Veronica M. Bates TRIGGER OF CO
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TRIGGER OF COVERAGE cont. 4. “Inj
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ALLOCATION 1. Pro Rata • Time on
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Chinese Drywall Litigation NELSON
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NELSON • LEVINE • de LUCA & HOR
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Additional Insured Issues • The m
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Additional Insured Issues • 2004
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Subrogation Opportunities Targets a
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Subrogation Opportunities • Contr
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Subrogation Opportunities • Hurdl
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Liability Issues Hugh J. Turner Jr.
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Manufacturers • Knauf Gips, KG (e
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Suppliers 84 Lumber Co. All Flori
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Drywall Lawsuit Models • Type 1:
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Express Warranty • Elements - Exp
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Medical Monitoring • Elements: -
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Vicarious Liability A corporation
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What Are The Defenses? Economic Lo
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DEFENSES Florida - Strict Liabilit
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DEFENSES Lack of Privity of Contra
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What Are The Current Issues In The
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Current Issues • Case Assignments
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Current Issues Insurance Coverage
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Issues In Florida • Chapter 558 R
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Chinese Drywall Conference Sander L
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Are Chinese Drywall Issues Similar
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Search for New Defendants • Contr
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How does Chinese drywall impact hom
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How does Chinese drywall impact hom
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Home H Value Over 10 Yeaars How doe
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Home H Value Over 10 Yeaars Home H
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Use of Mass Appraisal Models Event
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Use of Mass Appraisal Models Cross-
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SUITE 650, FOURTH AVENUE SEATTLE, W
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concern at the moment remain 2004
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able, in which case rather than a
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subject properties and the data use
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CHINESE DRYWALL LITIGATION UPDATE A
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5 6
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WHERE WAS THE CHINESE DRYWALL USED
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WHAT KIND OF EXPERTS YOU’LL NEED
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Hydrogen Sulfide Exposure • Belie
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BACKGROUND PROCEDURE MULTIDISTRICT
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that there is a much smaller chance
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applicable standard of liability. D
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RULES OF PROCEDURE OF THE JUDICIAL
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- 3 - transferred under Section 140
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- 5 - (c) Copies of motions for tra
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- 7 - (c) Once a corporate disclosu
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- 9 - designating such a pleading a
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RULE 7.6: TERMINATION AND REMAND In
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- 13 - (b) Each party filing a moti
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- 15 - (C) the circuit court of app
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UNITED STATES JUDICIAL PANEL ON MUL
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Drywall Common building material ty
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Chinese Drywall Analysis ( incomple
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Coal combustion residues Derived f
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Coal Mine Waste Coal may be sold a
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Coal Fly Ash Resident complaints E
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Skin Acne Skin rashes Hives Per
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Sensitive populations Infants Chi
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Carbon Disulfide Gas—evaporates
Page 463 and 464:
Sulfur Dioxide Sulfur Dioxide An E
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SO 2 Symptoms of Chronic Exposure t
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Exposure to lower concentrations of
Page 469 and 470:
GI Symptoms of H 2S Nausea Vomiti
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Particulate Matter Particulate Matt
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Airways of Lungs Lungs
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Clearance from the lungs is not cle
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Particles containing Heavy metals a
Page 479 and 480:
Natural Decay Series: Uranium-238 U
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PAHs Benzo[a]pyrene Group 1 Human c
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Is My Drywall Chinese? - HB Litigation Conferences

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