LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - Judge: 2014 Asbestos Action Doesn't Implicate US Airways' 2002 Bankruptcy

PITTSBURGH - No link exists between a couple's 2014 asbestos action alleging exposure between 1964 and 2000 and defendant US Airways Inc.'s 2002 bankruptcy, a federal judge held March 31 in granting remand (Ronald P. Abbott, Mary L. Abbott v. The Boeing Co., et al., No. 15-331, W.D. Pa.; 2015...

Mealey's Toxic Tort/Environmental - 9th Circuit Vacates Ruling Ordering CERCLA Defendant To Pay Half Of Future Costs

SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on April 2 overturned a California federal judge's ruling ordering a defendant in a Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) lawsuit to pay half of the future response costs the plaintiff company incurs...

Mealey's Toxic Tort/Environmental - Raw Asbestos Supplier Tells Judge Design Claims Don't Apply To It

BALTIMORE - The remaining design defect claims in an asbestos case do not apply to a seller of raw asbestos, a company told a federal judge March 27 after successfully opposing remand (Melvin F. Sherin, et al. v. John Crane-Houdaille Inc., et al., No. 11-3698, D. Md.; 2014 U.S. Dist. LEXIS 130702).

Mealey's Toxic Tort/Environmental - Man: High Court Should Deny Review Of Lead-Paint Ruling; Circuits Not Split

WASHINGTON, D.C. - The man who sued a former maker of lead-based paint contending that it was liable for his injuries caused by ingesting lead-based paint filed a brief in the U.S. Supreme Court on April 6 arguing that there is no split between the opinion issued in the Seventh Circuit U.S. Court of...

Mealey's Toxic Tort/Environmental - 5th Circuit Overturns Ruling Ordering EPA To Make Necessity Determination

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on April 7 reversed a federal judge in Louisiana's decision to order the U.S. Environmental Protection Agency to make a necessity determination to evaluate whether a standard should be enacted to limit levels of nitrogen and phosphorus discharged...

Mealey's Toxic Tort/Environmental - Parties Respond To Motions Seeking Exclusion Of Expert Opinions, Bankruptcy Order

LOS ANGELES - Crane Co. and a couple alleging asbestos exposure on March 6 filed response briefs in a California federal court, opposing motions seeking the exclusion of expert testimony that "each and every exposure" significantly contributes to disease and an order in a recent bankruptcy...

Mealey's Toxic Tort/Environmental - New Jersey Court Finds Landlord Was Entitled To Evict Tenants

TRENTON, N.J. - After finding that tenants failed to show that alleged mold growth in their apartment prevented their landlord from increasing their rent, a New Jersey appeals court on April 8 affirmed a decision allowing the landlord to evict them (Georgian Gardens v. Russell and Vanessa Shields, No...

Mealey's Toxic Tort/Environmental - Iowa Court Finds Teacher's Injury Was Caused By Mold Exposure At Work

DES MOINES, Iowa - After finding that a teacher's lung injury was caused by exposure to mold in the building where she worked, the Iowa Court of Appeals on April 8 affirmed a decision awarding her compensation for an occupational injury (United Heartland Inc., et al. v. Kathleen Brown, No. 14-1070...

Mealey's Toxic Tort/Environmental - Judge Criticizes Conduct In Case Against Sheldon Silver, But Allows Case To Proceed

NEW YORK - Former New York Speaker Sheldon Silver lost his bid to have the government's fraud and conspiracy case against him dismissed April 10, but the federal judge criticized the prosecutor's "brinkmanship," saying it strayed so close to the edge of ethical rules that it risked...

Mealey's Toxic Tort/Environmental - Federal Judge: Evidence In Asbestos Case 'Thin' But Sufficient Under Utah Law

SALT LAKE CITY - While "thin," sufficient evidence exists of a man's exposure to asbestos from a defendant's product and his resulting disease's role in his death, a federal judge held April 9 (Karyn F. Maag v. Eaton Corp., et al., No. 10-905, D. Utah; 2015 U.S. Dist. LEXIS 46623...

Mealey's Toxic Tort/Environmental - N.Y. Justice Rejects $11M Verdict In Asbestos Case Involving Ford Friction Parts

NEW YORK - A New York justice on April 13 rejected expert causation testimony and set aside an $11 million friction-products asbestos verdict against Ford Motor Co., finding the "every exposure" theory incompatible with science and state law (Arthur H. Juni Jr. and Mary Juni v. A.O. Smith Water...

Mealey's Toxic Tort/Environmental - Plaintiff's Suit Over 2002 Petroleum Leak Is Timely, Judge Finds

TEXARKANA, Ark. - A gas station owner's motion for summary judgment in a lawsuit stemming from contamination that spread from a 2002 petroleum leak from an underground storage tank (UST) was denied April 13 by a federal judge in Arkansas, who ruled that an adjacent land owner did not become aware...

Mealey's Toxic Tort/Environmental - Residents: Exxon Liable For 'Unreasonable Interference' In Pipeline Lawsuit

LITTLE ROCK, Ark. - A group of Arkansas residents who are suing Exxon Mobile Corp. for injuries related to easements for the company's Pegasus Pipeline on April 13 filed a brief in Arkansas federal court, arguing that the judge presiding over the case should alter or amend his ruling dismissing the...

Mealey's Toxic Tort/Environmental - Judge Awards Summary Judgment To Coal Company In Suit Over Discharges

BIG STONE GAP, Va. - A federal judge in Virginia on April 13 awarded summary judgment to a coal company accused by environmental groups of violating the Clean Water Act (CWA) by discharging pollutants at levels in excess of those allowed by its National Pollutant Discharge Elimination System (NPDES)...

Mealey's Toxic Tort/Environmental - Magistrate Judge: Shipyard's Arguments Belong In Summary Judgment Motion

WILMINGTON, Del. - A shipyard's motion to dismiss claims against a subsidiary involves merit issues and should be converted into a motion for summary judgment, a federal magistrate judge in Delaware said April 14 (Charles D. Malone and Elizabeth Malone v. Air & Liquid Systems Corp., et al., No...

Mealey's Toxic Tort/Environmental - New York Justice Finds Tile Maker Didn't Meet Summary Judgment Standard

NEW YORK - A tile company has not satisfied the prima facie standard for summary judgment, the recently appointed New York justice overseeing asbestos litigation in the city held in an opinion posted April 16 (Richard R. Lefrak v. Aerco International Inc., et al., No. 190033/14, N.Y. Sup., New York Co...

Mealey's Toxic Tort/Environmental - Judge Denies Company's Motion To Exclude City's Experts, Supplemental Reports

MADISON, Wis. - A federal judge in Wisconsin on April 15 denied motions filed by a plaintiff company in a Comprehensive Environmental Response, Compensation, and Liability Act case, seeking to exclude expert testimony and supplemental reports filed by the City of Ashland, Wis., finding that the experts'...

Mealey's Toxic Tort/Environmental - Pa. Court Rejects Offsets For Nonparty Settlements, Affirms $4.8M Asbestos Verdict

HARRISBURG, Pa. - A Pennsylvania appeals court on April 17 affirmed a $4.8 million asbestos verdict, finding no need to offset the awards with settlements reached with nonparty defendants, rejecting the sophisticated user doctrine and finding that the judge properly excluded Crane Co.'s memory expert...

Mealey's Toxic Tort/Environmental - Judge: Company's Experts Can Rely On Depositions From Deceased Residents

MADISON, Wis. - A federal judge in Wisconsin presiding over a Comprehensive Environmental Response, Compensation, and Liability Act lawsuit on April 16 ruled that expert witnesses for Northern States Power Co. can rely on deposition testimony from four deceased Ashland, Wis., residents to support their...

Mealey's Toxic Tort/Environmental - Contractor: Ecuadorian Plaintiffs Cannot Establish Chemical Injury Claims

WASHINGTON, D.C. - A private military contractor sued by residents of Ecuador for allegedly causing personal injuries as a result of spraying herbicides on April 17 filed a brief contending that the plaintiffs' nuisance claim is contrary to the law of the District of Columbia and that they cannot...

Mealey's Toxic Tort/Environmental - Collective Bargaining Agreement Doesn't Preempt Employee's Asbestos Case, Judge Says

PHILADELPHIA - Negligence and strict liability claims involve an employer's duty to provide a safe workspace under Pennsylvania law and would not require interpretation of a collective bargaining agreement, the federal judge overseeing the federal asbestos multidistrict litigation held April 15 in...

Mealey's Toxic Tort/Environmental - Court Finds Demurrers Put Case In Judge's Hands, Precluded Nonsuit

NORFOLK, Va. - Once parties in an asbestos action completed briefing on demurrers, the case was in the hands of the trial judge for disposition and could not be nonsuited, Virginia's top court held April 16 (Anheuser-Busch Companies Inc., et al. v. Garland Cantrell, No. 140748, Newport News Shipbuilding...

Mealey's Toxic Tort/Environmental - Judge: Denial Of Class Status In Halliburton Radioactive Waste Lawsuit Stands

OKLAHOMA CITY - The federal judge presiding over a lawsuit brought by Oklahoma residents who contend that they were injured from exposure to radioactive waste from a chemical plant operated by Halliburton Energy Services Inc. (HESI) on April 21 denied the residents' motion to reconsider her denial...

Mealey's Toxic Tort/Environmental - Washington State Jury Awards $3.6 Million In 'Take-Home' Asbestos Case

SEATTLE - A Washington jury on April 21 awarded a woman $3.6 million and held an insulation company liable for her exposure to asbestos while laundering her husband's work clothing (Estate of Barbara Brandes v. Brand Insulation Inc., No. 14-2-21662-9 SEA, Wash. Super., King Co.).

Mealey's Toxic Tort/Environmental - Texas Court Rejects New Trial In Long-Running Asbestos Dispute

BEAUMONT, Texas - A judge improperly found that hotly contested evidence in an asbestos case could not support a jury's finding for a premises owner, a Texas appeals court held April 23 (In re: E.I. DuPont de Nemours & Co., No. 09-14-00465-CV, Texas App., 9th Dist.; 2015 Tex. App. LEXIS 4072...