Senate approves product liability reform law
Transcript of Senate approves product liability reform law
Molybdenum-nitrogen triple bond formation drives cleavage
ArRN—Mo* xNRAr N2
*NRAr
ArRN / - M o ^ N R A r NRAr
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Ν
ArRN /M o C*NRAr
ArRN' , Μο'/ζ,,κ
NRAr
Mo(NRAr)3
ArRN^ ArRN^Mo-
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NRAr ArRN / M o ^NRAr
NRAr Mo(NRAr)3 complex shows molybdenum in purple, nitrogen in
Ar = 3,5-C6H3(CH3)2 R = C(CD3)2CH3 ^/we, an^ car\)0n {n gray.
Molybdenum complex cleaves Ν Ν bond Chemists at Massachusetts Institute of Technology have shown that a molybdenum complex they synthesized can split the very strong triple bond of molecular nitrogen to form a nitrido complex.
The unprecedented reactivity of the complex could have important practical applications in harnessing atmospheric nitrogen as a chemical feedstock. And the complex's chemistry could shed light on the mechanism of biological nitrogen fixation by nitrogenase, a process that remains poorly understood.
Christopher C. Cummins, an MIT assistant professor of chemistry, and Cata-lina E. Laplaza, an MIT undergraduate, carried out the research, which was supported by the MIT chemistry department. The work with N2 follows the recent report from Cummins' lab that his molybdenum complex cleaves the nitrogen-nitrogen multiple bond in N 2 0 (C&EN, May 8, page 27).
Obtaining what amounts to "a net six-electron reduction of N2 in this presumed binuclear N2 adduct is just remarkable," comments Eric A. Maatta, a chemistry professor at Kansas State University, Manhattan. "I really think it's going to be a landmark transformation. I'm positive it will have repercussions in several different areas."
Cummins' team made the Mo(NRAr)3 complex—R is C(CD3)2CH3 and Ar is 3/5-C6H3(CH3)2—with the goal of producing a species that could engage in three-electron redox processes, which are rare. It chose the bulky amido sub-stituents to prevent dimerization of the complex, a common phenomenon with molybdenum(III) complexes.
In their initial work, the MIT chemists carried out the purification of the red-orange complex by recrystalliza-tion from ethyl ether at -35 °C under an argon atmosphere. When they attempted the purification under an N2 atmosphere, the solution rapidly took on an intense purple color. The chemists used deuterium nuclear magnetic resonance spectroscopy to monitor the purple species, thought to be a (ArRN)3Mo-N2-Mo(NRAr)3 complex [Science, 268, 861 (1995)].
Cummins and Laplaza also exposed a toluene solution of Mo(NRAr)3 to N2, producing a purple solution in about
48 hours. When they warmed the solution to 30 °C, it gradually turned gold. Proton NMR spectroscopy showed that the compound responsible for the gold color was N=Mo(NRAr)3, indicating cleavage of the N2 bond.
"We've demonstrated clearly that molybdenum in a three-coordinate environment can effect the reductive cleavage of N2 to give a terminal nitride," Cummins observes. Although nitrogenase, which contains molybdenum, probably doesn't work through a mechanism analogous to the nitrogen splitting reaction carried out by Mo(NRAr)3, Cummins thinks the chemistry of his complex likely will prompt new thinking about nitrogenase.
Maatta thinks the approach is likely to have industrial applications. "Using N2 as a feedstock is something people have
After weeks of debate and several failed attempts to invoke cloture on a Democratic filibuster, the Senate last week passed a bill to reform U.S. product liability laws by a vote of 61 to 37.
The bill would limit punitive damages in most product liability suits to twice the compensatory damages (economic losses plus noneconomic losses due to pain and suffering), or $250,000, whichever is greater. It would also eliminate joint liability for noneconomic losses. This means that to collect noneconomic damages from several defendants, a plaintiff must prove each defendant's degree of fault. In addition, the bill cuts off most rights to sue if the product is more than 20 years old at the time of injury.
tried to do for a long time/' he says. "But there have been huge thermodynamic barriers to overcome. It's remarkable that [Cummins' reaction] goes so cleanly and rapidly at room temperature."
The discovery opens up a number of lines of inquiry, according to Cummins. "The most immediate is to scrutinize more closely the mechanism of the cleavage reaction," he says. "We also want to see if we can incorporate the nitrido nitrogen atom into organic nitrogen compounds or convert it into ammonia." The ΜΓΓ chemists are also looking for examples of N2 cleavage reactions by molybdenum complexes containing more stable ligands and by complexes containing other biologically important metals such as vanadium.
Rudy Baum
The Senate bill is similar in some ways to the product liability bill (H.R. 956) passed in the House. The House bill is much broader, however. It places a cap on punitive damages for all civil lawsuits, including medical malpractice suits. It also includes the "FDA defense"—a prohibition on the imposition of punitive damages if the product found to cause injury was approved by the Food and Drug Administration.
During Senate debate, Majority Leader Bob Dole (R-Kan.) tried to broaden the scope of the bill so it would resemble more closely the House legislation. But when Dole was threatened with defeat-by-filibuster of the broader legislation, he accepted a much narrower bipartisan
Senate approves product liability reform law
MAY 15,1995 C&EN 5
NEWS OF THE WEEK
compromise. A conference committee must now resolve differences.
The Chemical Manufacturers Association is pleased with the Senate bill. "The Senate bill will inject a healthy—and much needed—dose of fairness in the system," says CMA President Fred Webber. The Pharmaceutical Research & Manufacturers Association also favors the Senate bill but wants the final legislation to include the "FDA defense.,,
Consumer groups, such as Citizens Allied for Safety & Accountability (CASA, a coalition that includes trial lawyers and consumer organizations) and U.S. Public Interest Research Group (PIRG) are working to kill the bill in conference, says Edmund M. Mierzwinski, U.S. PIRG program director. Among other things, they object to the legislation's preempting strong state laws but allowing weaker ones to stand.
"The tort reform legislation passed by the Senate severely limits legitimate product liability cases which expose dangers, punish wrongdoers, and provide fair compensation for injured victims," says Robert Brandon of CASA.
One acrimonious debate surrounding the legislation concerns the actual cost to the U.S. economy of current liability laws. An oft-quoted figure is that each U.S. consumer spends an annual average of $1,200 in higher prices to cover product liability expenses for businesses. But a 1987 Conference Board survey of risk managers at 232 large corporations found that two-thirds of the managers said product liability contributed 1% or less to final product prices. Sen. Jay D. Rockefeller (D-W.Va.), who proposed the Senate compromise along with Sen. Slade Gorton (R-Wash.), counters, "It is the threat of litigation that is the problem."
Observers expect the congressional conference committee to come up with a final bill that resembles the Senate bill. But it is unclear whether President Clinton will sign it. "Unfortunately, the [Senate] legislation in its present form does not go far enough toward balancing the interests of consumers with those of manufacturers and sellers," White House Press Secretary Michael McCurry said in a statement.
Bette Hileman
U.S. and China promote chemical trade links A 10-day visit to the U.S. by a high-level Chinese delegation led by Minister of Chemical Industry Gu Xiulian has given a boost to chemical trade ties between the two nations.
Gu met with Commerce Secretary Ronald H. Brown and with officials from the U.S. Trade Representative's office, the Energy Department, the Chemical Manufacturers Association, and other
U.S. boosts chemical trade with China
$ Millions
Fertilizers Organic chemicals Primary plastics Inorganic chemicals Dyes, coloring materials Nonprimary plastics Pharmaceuticals Oils, perfumes &
cleansing products Other chemical
materials & products
TOTAL CHEMICAL TRADE
Source: Department of Commerce
Exports
1993
$293 204 168 25 29 22 27 21
51
$840
1994
$ 944 230 140 38 32 22 22 21
53
$1,502
Imports
1993 1994
$ 0 $ 0 127 176
16 12 134 210 39 44
6 10 126 139 35 44
92 105
$575 $740
groups. Her delegation also visited chemical firms in several states.
However, a central focus of the mission was the first official meeting of a Chemicals & Allied Products Subgroup of the U.S.-China Joint Commission on Commerce & Trade (C&EN, Sept. 5, 1994, page 6). The meeting in Washington, D.C., was cochaired by Michael J. Copps, the Commerce Department's dep
uty assistant secretary for basic industries, and Chen Lihua, director general of the Department of International Cooperation in China's Ministry of Chemical Industry. Government and chemical industry officials participated.
"We've established good working relationships with the Chinese, seeking together to identify opportunities and overcome obstacles," Copps tells C&EN. Missions have gone to China in the areas of paint and coatings, water treatment chemicals and equipment, plastics
additives, and plastics. So far, the missions have led to several joint ventures, with more under discussion. Commerce also has organized the first U.S. pavilion at a chemical industry fair in Beijing.
The two sides now plan a food processing chemicals mission to China in September and an industrial surfactants mission in November. Both missions will include technical seminars. A leather chemicals mission also is being planned.
The subgroup will meet again in Beijing next month to plan missions for 1996. It also will explore chemical training programs, including holding a chemical business training seminar in China. "Training is a high area of priority for the Chinese," Copps notes.
The meeting also focused on obstacles to U.S. trade and investment in China, including the investment climate and difficulties created by restrictive new environmental regulations. "There's been some progress, but significant problems remain," Copps says.
The issue of intellectual property protection and market access has recently been addressed by a U.S.-China agreement that averted a trade war (C&EN, March 6, page 9). "The whole key is enforcement," Copps notes. "We'll be watching closely. It's extremely important for our companies."
Acquiring information about the Chinese chemical industry is another U.S. interest, he adds. For example, "What does privatization mean there?" He points out that China views the chemical sector as one of several top-priority "pillar industries," and is now developing a strategic plan for it that probably will be ready next year. "We view China as the fastest growing market for chemicals in the world," Copps says. "And U.S. companies can contribute and compete."
Richard Seltzer
New W.R. Grace chief avows firm's future With the mood buoyed by strong stock performance, an upbeat chief executive officer Albert J. Costello told W.R. Grace shareholders at the May 10 annual meeting in Boca Raton, Fla., to look not at the tumultuous events of the past two months, but to the future. In the next 30 to 60 days, he plans an aggressive cost-
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