Herb Estreicher Quoted in Inside TSCA Article on Possible Jury Trials Over TSCA Penalties

Keller and Heckman Partner Herb Estreicher was quoted in the Inside TSCA article, “Emerging Case Law Suggests Possible Jury Trials Over TSCA Penalties.” The article notes that companies facing TSCA enforcement actions may soon seek jury trials to challenge any civil penalties they face.

During Keller and Heckman’s most recent TSCA 30/30 webinar, Herb explained that a jury trial could be more appealing to a company than administrative proceedings. “Why go to a jury trial? Well, quite frankly,” he said, “there may be a fact pattern that might be a bit more compelling to tell citizens of common sense than an administrative law judge.” He noted that some people feel that, if it is enough of an issue, they could get a better break in a jury trial.

“If you’re looking at millions and millions of dollars in penalties,” which can sometimes occur under TSCA, “it might make sense to go to a jury trial,” or at least ask for a jury trial, Herb said.

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