Toxic Tort Claims definition

Toxic Tort Claims means any Claim (other than arising from or relating to exposure to Hazardous Materials in, on or under soil, groundwater or surface water or a Pre-Completion Product Liability Claim) seeking damages for personal injury or death brought by any person (or the relatives or dependents of such person) (“Toxic Tort Claimant”) in respect of which:
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Toxic Tort Claims means the toxic tort, personal injury, environmental property damage, and related breach-of-settlement Claims asserted against the Debtors, including, without limitation, those resulting from the Debtors’ operations of a site in Tar Creek, Oklahoma, the Ray Mine and Hayden Smelter in Ray Complex, Arizona, and the El Paso smelter located in El Paso, Texas. The Toxic Tort Claims do not include any Claims by Governmental Units or Asbestos Personal Injury Claims.
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Toxic Tort Claims means the toxic tort, personal injury, environmental property damage and related breach-of-settlement Claims asserted against any of the Debtors, including, but not limited to, those resulting from the Debtors’ operations of a site in Tar Creek, Oklahoma, the Ray Mine and Hayden Smelter in Ray Complex, Arizona and the El Paso smelter located in El Paso, Texas. The Toxic Tort Claims do not include any Claims by Governmental Authorities. Under the Parent’s Plan, Toxic Tort Claims are classified as General Unsecured Claims in Class 3.
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Examples of Toxic Tort Claims in a sentence

  • Christian, The Use of Genetic Evidence to Defend Against Toxic Tort Claims – Part III, 29 INTELL.

  • Mason, Application of the Absolute Pollution Exclusion to Toxic Tort Claims: Will Courts Choose Policy Construction or Deconstruction?, 33 Tort & Ins.

  • The bulk lifetimes are consistent within error, which is to be expected as they are deduced from a common sample set.

  • Sutherland, Class Certification for Environmental and Toxic Tort Claims, ALI-ABA COURSE OF STUDY FOR ENVIRONMENTAL ANDTOXIC TORT MATTERS: ADVANCE LITIGATION (Jan.

  • Today, the financial crisis in the Gaza Strip affects most families, resulting in complex, multi-sectoral vulnerabilities.

  • Until the Environmental Liability Threshold has been exceeded, the Company shall be responsible for handling any such Superfund Claims and Toxic Tort Claims received after the Closing Date.

  • Based on the results of the analysis on market and marketing aspects, organizational and human resource aspects, operational aspects, and financial aspects, it can be concluded that the Puff You! feasible and profitable to run as a real business venture.

  • Environmental and Other Toxic Tort Claims: The volatility of actuarial estimates of liabilities for environmental and other toxic tort claims is often greater than that of other exposures.

  • Harbinger’s Plan combines into a single class of General Unsecured Claims all Trade and General Unsecured Claims, Bondholders’ Claims, Toxic Tort Claims, Previously Settled Environmental Claims, Miscellaneous Federal and State Environmental Claims, and Residual Environmental Claims.

  • Plans should not report duplicate claims/edits for this effort as they do not fit the definition of an organization determination; plans would treat such cases as dismissals or withdrawals.


More Definitions of Toxic Tort Claims

Toxic Tort Claims means common law or statutory toxic tort actions relating to loss of life or injury to persons or property, where such actions arise or result from the actual or alleged release, discharge, disposal, spill, storage, transportation, treatment or generation of Hazardous Substances, including, but not limited to, the release, discharge, disposal, spill or storage of Hazardous Substances contained in products supplied to customers of the Dearborn Business or any predecessor thereof, provided that such Hazardous Substances were generated, stored, used, disposed of, treated, released, handled, shipped or sold by the Dearborn Business or any predecessor thereof on or before the Closing Date; except that Toxic Tort Claims do not include Chromium Claims.
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Toxic Tort Claims means all claims by private parties for personal ----------------- injury and/or property damage with respect to allegations of exposure to Materials of Environmental Concern.
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Toxic Tort Claims means all Proceedings alleging personal injuries, temporary or permanent property damage, or damages as a result of nuisance or annoyance, suffered by any Person or seeking medical monitoring by any Person (i) resulting from the unauthorized Release of any Hazardous Materials into the soil or groundwater at, on, under or migrating from any Business Property or from the unauthorized Release of any Hazardous Materials into the air at or from any Business Property prior to the Closing or (ii) resulting from the exposure prior to the Closing (other than as a result of a Release of any Hazardous Materials into the soil, surface water, sediment or groundwater at any Business Property or from the unauthorized Release of any Hazardous Materials into the air at any Business Property) of any such Person to any Hazardous Materials used in connection with or generated as waste from the operation of the Business or in connection with the disposal of any product or component of any product manufactured or distributed by the Business. For the avoidance of doubt, “Toxic Tort Claims” shall not include Asbestos Claims.
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Related to Toxic Tort Claims

  • Commercial Tort Claims means commercial tort claims (as that term is defined in the Code), and includes those commercial tort claims listed on Schedule 1.

  • Commercial Tort Claim means a claim arising in tort with respect to which:

  • Tort Claim means any Claim that has not been settled, compromised or otherwise resolved that: (a) arises out of allegations of personal injury, wrongful death, property damage, products liability or similar legal theories of recovery; or (b) arises under any federal, state or local statute, rule, regulation or ordinance governing, regulating or relating to protection of human health, safety or the environment.

  • toxic substances as defined by the Toxic Substances Control Act, as amended from time to time (“TSCA”), (4) “hazardous materials” as defined by the Hazardous Materials Transportation Act, as amended from time to time (“HMTA”), (5) asbestos, oil or other petroleum products, radioactive materials, urea formaldehyde foam insulation, radon gas and transformers or other equipment that contains dielectric fluid containing polychlorinated biphenyls and (6) any substance whose presence is detrimental or hazardous to health or the environment, including, without limitation, microbial or fungal matter or mold, or is otherwise regulated by federal, state and local environmental laws (including, without limitation, RCRA, CERCLA, TSCA, HMTA), rules, regulations and orders, regulating, relating to or imposing liability or standards of conduct concerning any Hazardous Materials or environmental, health or safety compliance (collectively, “Environmental Requirements”). As used in this Contract: “Release” means spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing.

  • Toxic Substance includes but is not limited to asbestos, polychlorinated biphenyls (PCBs) and lead-based paints.

  • Gaseous pollutants means the exhaust gas emissions of carbon monoxide, oxides of nitrogen expressed in nitrogen dioxide (NO2) equivalent and hydrocarbons assuming ratio of:

  • toxic waste or "toxic substance" under any provision of Environmental Law and shall also include, without limitation, petroleum, petroleum products, asbestos, polychlorinated biphenyls and radioactive materials;

  • Contaminant means any waste, pollutant, hazardous substance, toxic substance, hazardous waste, special waste, petroleum or petroleum-derived substance or waste, asbestos in any form or condition, polychlorinated biphenyls (“PCBs”), or any constituent of any such substance or waste.

  • toxic a “pollutant”, a “contaminant”, or words of similar meaning and regulatory effect pursuant to any Environmental Law and also including any petroleum product or by-product, asbestos-containing material, lead-containing paint, mold, polychlorinated biphenyls or radioactive materials.

  • Toxic pollutant contaminant", "restricted hazardous waste", "infectious waste", "toxic substances", or any other term or expression intended to define, list or classify substances by reason of properties harmful to health, safety or the indoor or outdoor environment (including harmful properties such as ignitability, corrosivity, reactivity, carcinogenicity, toxicity, reproductive toxicity, "TCLP toxicity" or "EP toxicity" or words of similar import under any applicable Environmental Laws); (ii) any oil, petroleum, petroleum fraction or petroleum derived substance; (iii) any drilling fluids, produced waters and other wastes associated with the exploration, development or production of crude oil, natural gas or geothermal resources; (iv) any flammable substances or explosives; (v) any radioactive materials; (vi) any asbestos-containing materials; (vii) urea formaldehyde foam insulation; (viii) electrical equipment which contains any oil or dielectric fluid containing polychlorinated biphenyls; (ix) pesticides; and (x) any other chemical, material or substance, exposure to which is prohibited, limited or regulated by any governmental authority or which may or could pose a hazard to the health and safety of the owners, occupants or any Persons in the vicinity of any Facility or to the indoor or outdoor environment.

  • Dangerous Substances means a substance or article described in regulation 3 of the Dangerous Substances Regulations;

  • Farm products means goods, other than standing timber, with respect to which the debtor is engaged in a farming operation and which are:

  • Radioactive substance means a substance that emits ionizing

  • Hazardous air pollutant means any air pollutant listed as a hazardous air pollutant pursuant to Section 112(b) of the FCAA.

  • Restricted use pesticide means any pesticide or device which, when used as directed or in accordance with a widespread and commonly recognized practice, the director determines, subsequent to a hearing, requires additional restrictions for that use to prevent unreasonable adverse effects on the environment including people, lands, beneficial insects, animals, crops, and wildlife, other than pests.

  • Contaminants or "pollutants," or words of similar import, under any Environmental Law and (c) any other substance exposure to which is regulated under any Environmental Law.

  • Special form radioactive material means radioactive material that satisfies the following conditions:

  • PCBs means polychlorinated biphenyls.

  • Hazardous Waste means the substances regulated as such pursuant to any Environmental Law.

  • Hazardous Wastes means all waste materials subject to regulation under CERCLA, RCRA or applicable state law, and any other applicable Federal and state laws now in force or hereafter enacted relating to hazardous waste disposal.

  • Counterfeit substance means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance.

  • Pollutant means any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. §§ 2011 et seq.)), thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, ground waters or surface waters of the State, or to a domestic treatment works. “Pollutant” includes both hazardous and nonhazardous pollutants.

  • General Intangibles is all “general intangibles” as defined in the Code in effect on the date hereof with such additions to such term as may hereafter be made, and includes without limitation, all Intellectual Property, claims, income and other tax refunds, security and other deposits, payment intangibles, contract rights, options to purchase or sell real or personal property, rights in all litigation presently or hereafter pending (whether in contract, tort or otherwise), insurance policies (including without limitation key man, property damage, and business interruption insurance), payments of insurance and rights to payment of any kind.

  • Asbestos means the asbestiform varieties of serpentinite (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite, anthophyllite, and actinolite-tremolite.

  • Industrial wastes means the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.

  • Explosives or munitions emergency response means all immediate response activities by an explosives and munitions emergency response specialist to control, mitigate, or eliminate the actual or potential threat encountered during an explosives or munitions emergency. An explosives or munitions emergency response may include in-place render-safe procedures, treatment or destruction of the explosives or munitions and/or transporting those items to another location to be rendered safe, treated, or destroyed. Any reasonable delay in the completion of an explosives or munitions emergency response caused by a necessary, unforeseen, or uncontrollable circumstance will not terminate the explosives or munitions emergency. Explosives and munitions emergency responses can occur on either public or private lands and are not limited to responses at RCRA facilities.