Is My Drywall Chinese? - HB Litigation Conferences

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Real Estate Litigation • Represented entities regarding alleged breach of lease lawsuits in New York and New Jersey. Ethics Litigation • Appointed to investigate and to litigate ethics grievances against attorneys for the Supreme Court of New Jersey District V-A Ethics Committee. Insurance Coverage Litigation • Represented numerous insurance companies in disputes regarding insurance coverage issues, including at arbitration. • Obtained summary judgment, which was subsequently affirmed by the United States Court of Appeals for the Seventh Circuit, regarding whether a company can shift coverage for its Longshore and Harbor Workers Compensation benefit obligation to an injured employee from its workers compensation insurer to another insurer under a Bumbershoot Policy. The St. Paul Travelers Companies, Inc. v. Corn Island Shipyard, Inc., No. 06-2137 (7th Cir. 2007). Pro Bono Litigation and Matters • Represented Holocaust survivors to apply to the German government for benefits relating to work they performed in ghettos in German-occupied areas. • Represented veteran before U.S. Court of Appeals for Veterans Claims in appealing the decision of the Board of Veterans' Appeals. Represented tenants regarding breach of lease lawsuit in New Jersey. Assisted victims affected by attacks on World Trade Center with obtaining benefits. Professional Activities • Supreme Court of New Jersey District V-A Ethics Committee • American Bar Association • New Jersey Liaison for The Woman Advocate Committee of the American Bar Association • Philadelphia Bar Association - Member of Professional Responsibility Section, Women In The Profession Section, and Labor and Employment Section • Essex County Bar Association - Member of Civil Bench Bar Section, Civil Litigation Section, and Law and Employment Section • Essex County Delegates' Council • New York County Bar Association • New Jersey Superior Court Mediator, Mortgage Mediation Program [ www.duanemorris.com ]
Admissions • New Jersey • New York • Pennsylvania • U.S. Court of Appeals for the Second Circuit • U.S. Court of Appeals for the Third Circuit • U.S. District Court for the District of New Jersey • U.S. District Courts for the Southern and Eastern Districts of New York • U.S. District Court for the Eastern District of Pennsylvania Education • Temple University School of Law, J.D., 1998 Internships: Volunteers for the Indigent Program of Philadelphia; The Honorable Diane Welsh, U.S.M.J.; New York County District Attorney's Office; Richmond County District Attorney's Office; City of Philadelphia Law Department • Binghamton University, B.A., 1995 Experience • Duane Morris LLP - Partner, 2008-present - Associate, 2003-2007 • Gibbons, Del Deo, Dolan, Griffinger & Vecchione, Newark, New Jersey - Associate, 2000-2003 • Lavin, Coleman, O'Neil, Ricci, Finarelli & Gray, Philadelphia, Pennsylvania - Associate, 1998-2000 Board Memberships • Founding Director, Musical Chairs Chamber Ensemble, New York Civic and Charitable Activities • Essex-Newark Legal Services, a nonprofit pro bono organization • Women's Law Caucus Mentoring Program of Temple University Beasley School of Law • National Association of Women Lawyers Mentor Honors and Awards • Named one of the New Jersey Law Journal's 2008 "40 Under 40" • Named a Rising Star in the area of Business Litigation by New Jersey Super Lawyers, 2006-2008 [ 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 110 and 111: • Utilizing the Construction Grou
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 124 and 125: Selected Publications • "The Wall
Page 126 and 127: TRIGGER OF COVERAGE cont. 2. “Rel
Page 128 and 129: TRIGGER OF COVERAGE cont. 6. Triple
Page 130: OTHER CONSIDERATIONS • Deductible
Page 166 and 167: *Overused and Overwrought Metaphor?
Page 168 and 169: Reduced Sulfur Compounds are Diffic
Page 170 and 171: 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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