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 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 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

  • 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.

  • Class 6 consists of all Toxic Tort Claims against each of the Reorganizing Debtors.

  • If this Class is found to be unimpaired, which the Plan Sponsors believe it is, the holders of Toxic Tort Claims in Class 6 areshall have been presumed to have accepted the Plan and, accordingly, are not entitled to vote on the Plan.accept the Plan and their ballots shall not have any effect.

  • Holders of Toxic Tort Claims in Class 6 are entitled to vote to accept or reject this Plan.

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

  • 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.

  • Chevron: The Potential Rise and Fall of Mass Toxic Tort Claims Against U.S. Companies, 46 Int’l Law.

  • Lockard III, CERCLA’s Preemptive ‘Discovery Rule’ for State Toxic Tort Claims: Scope, Strategies and Issues, DRI (February 2007).

  • If this Class is found to be impaired, the ballots cast by the holders of Toxic Tort Claims in Class 6 shall be used to determine whether Class 6 accepts or rejects the Plan in accordance with Section 1126 of the Bankruptcy Code.

  • 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.


More Definitions of Toxic Tort Claims

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 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

  • 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 material, substance or waste that is classified, regulated or otherwise characterized under any Environmental Law as hazardous, toxic, a contaminant or a pollutant or by other words of similar meaning or regulatory effect, including any petroleum or petroleum-derived substance or waste, asbestos and polychlorinated biphenyls.

  • 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;

  • 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.

  • Clean Air Act or “Act” means the federal Clean Air Act, 42 U.S.C. §§ 7401-7671q, and its implementing regulations.

  • 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.

  • 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.

  • Hazardous Air Pollutant (HAP means any pollutant listed by the EPA as a hazardous air pollutant in conformance with Section 112(b) of the Clean Air Act. A list of these pollutants is available at the Division of Air Quality.

  • Discharge (of a pollutant) means any addition of any pollutant or combination of pollutants to waters of the United States from any point source; or any addition of any pollutant or combination of pollutants to the waters of the contiguous zone or ocean from any point source other than a vessel or other floating craft which is being used as a means of transportation.

  • Personal injury means injury, other than "bodily injury", arising out of one or more of the following offenses:

  • Air pollutant , which means any solid, liquid or gaseous substance (including noise) present in the atmosphere in such concentration as may be or tend to be injurious to human beings or other living creatures or plants or property or environment.