Is My Drywall Chinese? - HB Litigation Conferences

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• Utilizing the Construction Group’s considerable experience with numerous forms of contracts, from standard industry and government sources (including those of the American Institute of Architects (AIA), the Associated General Contractors of America (AGC), the Engineers Joint Contracts Documents Committee (EJCDC) and the Construction Management Association of America (CMA)) to customized, manuscripted documents to develop the most appropriate form of contract for the project or task involved. • Advising owners, developers, prime contractors, subcontractors, engineers, architects, other design professionals, sureties or other project team members, in forming and managing contractual relationships. Claims Prevention • Providing clients with construction project legal management, monitoring projects during construction to ensure client awareness of issues and potential pitfalls and addressing issues as they arise to prevent claims. • Presenting seminars and written materials to our clients to educate their project managers, superintendents, engineers and others to the common pitfalls encountered on a construction project. • Reviewing contract forms and procedures so our clients are better able to avoid many situations that may otherwise generate claims or delays. Construction Claims • Handling the panoply of construction claims including changed or unforeseen conditions, delays, disruptions, loss of productivity, acceleration, payment disputes, insurance coverage and allegations of defective design or construction. • Attempting, where possible, to achieve an early and fair resolution of construction disputes without the expense and disruption of litigation. • Calculating extended project costs and unallocated home-office overhead using all industryrecognized formulas, recommending qualified consultants to do so, and, where appropriate, working closely with claims consultants in a cooperative effort to maximize the benefits and minimize the risks for our clients. • Engaging in all forms of alternative dispute resolution, including mini-trials, mediations, and arbitrations and attempt to present strategies to resolve disputes promptly and amicably short of full-blown litigation. • When early resolution is not possible, litigating complex, highly technical construction claims in trial and appellate courts at both the state and federal levels, before contract appeals boards or other administrative tribunals and in arbitration of matters before domestic and internationally sanctioned panels. Our attorneys have considerable experience before all of these tribunals. Government Contracts and Bid Protests • Providing a full range of services in connection with government contracting at the local, state and federal level, and with international agencies. • Advising clients regarding the procurement process, including bidding, contractor selection and awards processes used by public agencies. • Representing contractors, subcontractors, engineers, architects, suppliers and sureties in connection with government contracts and public bidding disputes. 2 [ www.duanemorris.com ]
• Duane Morris attorneys have litigated precedent-setting cases involving procurement laws and the awards process, and have written extensively on competitive bidding and related subjects. • Regularly counseling clients regarding claims arising under government contracts, including analysis of entitlement and claims pricing issues, and claims notification and certification requirements. • Representing clients in resolving claims arising under government contracts through alternative dispute resolution procedures, arbitration and litigation. Default/Termination Claims and Surety Practice • Handling the complex issues and claims arising as a result of contractor and/or subcontractor default terminations and failed construction projects that can result in numerous payment and performance bond claims and/or default or termination of a bonded contractor. • Duane Morris Construction Group’s attorneys have had the benefit of having represented all sides of such disputes, including public and private owners, bonded contractors, subcontractors, suppliers and sureties. This breadth of experience provides our clients with unique insights into handling default terminations, negotiating no-cost terminations in many cases or obtaining terminations for convenience on behalf of improperly terminated contractors as well as working and negotiating with, and/or litigating for and against sureties relating to payment and performance bond claims and indemnity obligations. Architects, Engineers and Other Design Professionals • Representing architects, engineers and other design professionals in matters relating to contractual issues via project delivery systems such as design-build, design-bid-build, fast-track or any combination thereof and advising on their relationships with owners, consultants, contractors or subcontractors, during the pre-design, design, construction and post-construction phases. • Defending or prosecuting claims by or against design professionals, and by or against professional liability insurance carriers. Our practice in this area is enhanced by our attorneys’ direct experience in the formation and management of design professional practices. Labor and Employment Our Employment Law practice represents management on such far-ranging issues as: • Equal Employment Opportunity Commission concerns, wage and hour (Davis-Bacon) matters. • Personnel administration, Americans with Disabilities Act and Family Medical Leave Act compliance and related matters. • Assisting clients’ compliance with affirmative action requirements and First Source requirements (when applicable) at the bidding stage and with respect to any audits or investigations that may occur. • Providing clients with representation in matters arising from union employment and labor-related problems. 3 [ www.duanemorris.com ]
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HB Litigation Conferences Presents
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FACULTY Jeremy Alters is the foundi
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works include FasTrain: Florida Civ
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a Superfund case that resulted in a
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clerk in the United States District
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The “Writing On The Wall”: Impo
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STATES WHERE IMPORTED DRYWALL HAS B
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Florida Reports of Drywall “Cases
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STATE RESPOND ● Florida ● Louis
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Glenn Cambre, Esq. Director Directo
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PHONE SURVEY INFORMATION: Identifie
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LOUISIANA DRYWALL IMPACT MAPS 6/17/
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FLORIDA VS LOUISIANA DRYWALL • Fl
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Remediation Standard? ● Presently
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Chairman Pryor, Ranking Member Wick
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the German manufacturer, Knauf, onl
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companies, the homeowners, and the
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Chinese drywall spins off 'silent h
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The EPA said these results are not
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Get out of house with Chinese drywa
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The Consumer Product Safety Commiss
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“We’re trying to get the federa
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claims, but it's still a significan
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Imported Drywall and Health - A Gui
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Who is at risk? • insomnia • he
Page 102 and 103: "The Writing Is on the Wall": Defec
Page 104 and 105: significant indemnification or cont
Page 106 and 107: The Walls Are Closing In: Chinese D
Page 108 and 109: An Introduction to Our Firm Duane M
Page 112 and 113: Occupational Safety and Health Act
Page 114 and 115: The Walls Are Closing In: Chinese D
Page 116 and 117: "The Writing Is on the Wall": Defec
Page 118 and 119: significant indemnification or cont
Page 120 and 121: Sheila Raftery Wiggins, Partner Dua
Page 122 and 123: Real Estate Litigation • Represen
Page 124 and 125: Selected Publications • "The Wall
Page 126 and 127: TRIGGER OF COVERAGE cont. 2. “Rel
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Page 130: 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
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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
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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
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Natural Decay Series: Uranium-238 U
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PAHs Benzo[a]pyrene Group 1 Human c
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