Mealey's Toxic Tort/Environmental - Judge Allows City To Amend Counterclaims Following Deposition Testimony On Dioxin

SAN FRANCISCO - A defendant city in a Comprehensive Environmental Response, Compensation, and Liability Act lawsuit was given permission by a federal judge in California on June 23 to amend its answer and counterclaims against Georgia-Pacific (GP), following the deposition testimony of an environmental...

Mealey's Toxic Tort/Environmental - Judge: Product Description Too Vague; Clay, Talc Companies Escape Asbestos Action

MADISON, Wis. - Testimony regarding the color of clays an artist worked with matches too many potential products a company sold to hold it and its talc supplier liable for asbestos exposures, a Wisconsin federal judge held June 23 (Cary Miller and Western National Trust Co., et al. v. American Art Clay...

Mealey's Toxic Tort/Environmental - Missouri Court Finds Issues Of Fact As To Whether Mold Caused Health Issues

ST LOUIS - After finding that tenants submitted sufficient evidence to show that mold in their apartment exacerbated their respiratory issues, a Missouri appellate court on June 24 partially reversed a decision granting summary judgment for the owner and manager of the property (Daniel Kruse, et al....

Mealey's Toxic Tort/Environmental - Statute Of Repose Bars Asbestos Action Against Boilermaker, Pa. Court Says

HARRISBURG, Pa. - The Pennsylvania statute of repose applies in an asbestos case against a boiler manufacturer who oversaw design and construction of the product, a Pennsylvania Superior Court panel held June 26 (David and Frances Graver v. Foster Wheeler Corp., No. 470 EDA 2012, David and Frances Graver...

Mealey's Toxic Tort/Environmental - 2nd Circuit: Asarco's Claim For Contribution To Pay Cleanup Costs Fails

NEW YORK - A panel of the Second Circuit U.S. Court of Appeals on June 25 affirmed the dismissal of a complaint filed by Asarco LLC that sought contribution from the trustees of the residuary trusts created by the will of John D. Rockefeller Sr., alleging that the remediation costs for the contamination...

Mealey's Toxic Tort/Environmental - Court: Gasification Exclusion Rule Violates Plain Language Of RCRA

WASHINGTON, D.C. - A District of Columbia Circuit U.S. Court of Appeals panel on June 27 vacated a rule implemented by the U.S. Environmental Protection Agency in 2008 that exempted oil-bearing secondary hazardous substances from regulation under Resource Conservation and Recovery Act (RCRA), finding...

Mealey's Toxic Tort/Environmental - Illinois Workers' Comp Time Bar Triggers Tort Option In Asbestos Cases, Court Says

CHICAGO - Employees suffering from asbestos-related injuries may pursue a tort action against an employer where the state's Workers' Compensation Act's statute of repose bars a workers' compensation claim, an Illinois appeals court panel held June 27 (Ellen Folta, et al. v. Ferro Engineering...

Mealey's Toxic Tort/Environmental - Asbestos Pipe Claims Revived After Court Affirms Dismissal Of 2 Others

SACRAMENTO, Calif. - A California appeals court on July 1 said sufficient evidence supports a couple's action against a manufacturer of asbestos-containing pipe and rejected its sophisticated user defense. In the same ruling, the court affirmed judgment to joint compound and plastic cement companies...

Mealey's Toxic Tort/Environmental - D.C. Circuit Court Vacates EPA's Comparable Fuels Exclusion Rule

WASHINGTON, D.C. - A panel of the District of Columbia U.S. Circuit Court of Appeals on June 27 vacated a 1998 U.S. Environmental Protection Agency rule that exempted fuels derived from hazardous waste from regulation under the Resource Conservation and Recovery Act (RCRA), ruling that 42 U.S. Code Section...

Mealey's Toxic Tort/Environmental - Judge Dismisses Suit Over EPA's Failure To Regulate AFO Emissions

WASHINGTON, D.C. - A federal judge in the District of Columbia on June 30 dismissed a citizen suit brought under the Clean Air Act (CAA) asking that the U.S. Environmental Protection Agency and its administrator regulate emissions from animal feeding operations (AFOs), ruling that the act does not impose...

Mealey's Toxic Tort/Environmental - Texas Top Court Finds Asbestos Plaintiffs Must Produce Relevant Pulmonary Test

HOUSTON - To pursue an asbestos claim, plaintiffs must produce pulmonary function testing tied to a disease diagnosis, and imposition of the standard is constitutional as applied to a man whose health prevented him from undergoing such testing, a divided Texas Supreme Court held July 3 (Union Carbide...

Mealey's Toxic Tort/Environmental - Texas County Sues BP, Others Over Lost Tax Revenues From Oil Spill

HOUSTON - Harris County, Texas, on July 2 filed a lawsuit in federal court claiming that the oil spill caused by the explosion of the Deepwater Horizon oil rig in April 2010 caused it to lose money in hotel occupancy taxes and business personal property taxes (Harris County, Texas v. BP Exploration &...

Mealey's Toxic Tort/Environmental - N.J. Judge Awards $90.5M After Default In 11 Cases Against International Companies

NEW BRUNSWICK, N.J. - A New Jersey judge on July 2 awarded $90.5 million in asbestos-related damages against Eternit successors Anova Holding AG and Becon AG after awarding default judgments against the international companies, sources told Mealey Publications (Tuturice v. Anova Holdings AG, et al.,...

Mealey's Toxic Tort/Environmental - 5th Circuit Says EPA's Notices Of Violation Are Not Final Agency Actions

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on July 3 dismissed petitions by the operators of two coal-fired power plants challenging notices of violations of the Clean Air Act issued by the U.S. Environmental Protection Agency, holding that the court lacked jurisdiction because the notices...

Mealey's Toxic Tort/Environmental - Divided New York Court Affirms 2 Asbestos Verdicts, Replacement Parts Liability

NEW YORK - The majority of a divided New York appeals court on July 3 affirmed millions of dollars awarded in two consolidated asbestos trials, the jury's liability findings and Crane Co.'s responsibility for replacement parts (In re: New York City Asbestos Litigation, No. 190196/10 190134/10...

Mealey's Toxic Tort/Environmental - Judge: Groups' Request For Temporary Restraining Order Against New Rule Untimely

SACRAMENTO, Calif. - A motion for a temporary restraining order (TRO) filed by two industry trade associations seeking to prevent the implementation of a rule adopted by the U.S. Environmental Protection Agency that would require wastewater treatment facilities in California to use a two-concentration...

Mealey's Toxic Tort/Environmental - 5th Circuit Finds Court Erred In Deciding Defense Costs Issue In Mold Case

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on July 7 partially reversed a summary judgment ruling in relation to defense costs incurred in an underlying coverage action for mold claims, finding that the trial court erred when it failed to consider whether a residential company had met its...

Mealey's Toxic Tort/Environmental - Lago Agrio Plaintiffs: Ruling Should Be Reversed, Chevron Cannot Show Misconduct

NEW YORK - The attorney and the law firm representing Ecuadorian plaintiffs who sued Chevron Corp. alleging environmental contamination filed a brief in the Second Circuit U.S. Court of Appeals on July 2, contending that the judgment of the U.S. District Court for the Southern District of New York that...

Mealey's Toxic Tort/Environmental - Appeals Court Upholds EPA's Decision To Add Site To Superfund List

WASHINGTON, D.C. - A District of Columbia Circuit U.S. Court of Appeals panel on July 8 denied CTS Corp.'s petition challenging the U.S. Environmental Protection Agency's decision in 2011 to add a site in Asheville, N.C. that was formerly owned by a subsidiary of the company to the National Priorities...

Mealey's Toxic Tort/Environmental - California Court Reinstates Case Featuring Belated Admission Of Work At Site

LOS ANGELES - A plaintiff responded with more than mere "boilerplate" allegations of asbestos exposure after a company's belated concession that it performed work at a job site, a California appeals court held July 8 in reinstating the claims (Rose Marie Ganoe, etc., et al. v. Metalclad...

Mealey's Toxic Tort/Environmental - N.Y. Justice Criticizes Defendant's Discovery Efforts But Denies Sanctions

NEW YORK - An asbestos defendant's request for more time to review discovery is moot and baseless in light of its own failures, while plaintiffs' request for sanctions is unwarranted as both parties violated discovery orders, a New York justice held in an opinion posted July 8 (In re: New York...

Mealey's Toxic Tort/Environmental - California Top Court Rejects Case Involving Michigan Punitive Damages Ban

SAN FRANCISCO - The California Supreme Court on July 9 declined a petition challenging an appeals court's conclusion that Michigan's ban on punitive damages did not apply in a California asbestos action, according to its docket (Patrick Scott, et al. v. Ford Motor Co., No. S218322, Calif. Sup...

Mealey's Toxic Tort/Environmental - Federal Judge Vacates Pollution Board's Denial Of Limited Liability Request

CHICAGO - A federal judge in Illinois on July 9 vacated the National Pollution Funds Center's (NPFC) ruling denying a request submitted by two insurance companies, its subrogees and assignees for limited liability stemming from an oil spill that occurred in Chicago Ship and Sanitary Canal in 2005...

Mealey's Toxic Tort/Environmental - 2nd Circuit: 211 World Trade Center Plaintiffs' Claims Wrongly Dismissed

NEW YORK - A panel of the Second Circuit U.S. Court of Appeals on July 10 partially vacated and partially affirmed a District Court ruling, concluding that the lower court erred when it dismissed the claims of 211 plaintiffs who alleged that they had been injured as a result of exposure to chemicals...

Mealey's Toxic Tort/Environmental - MDL Judge Allows Punitives In Maritime Asbestos Cases Alleging Unseaworthiness

PHILADELPHIA - Punitive damages are available under maritime asbestos law to seaman alleging injury from a vessel's unseaworthiness but not for survival actions, the federal judge overseeing the maritime asbestos multidistrict litigation held July 9 (In re: Asbestos Products Liability Litigation...