Mealey's Toxic Tort/Environmental - Judge: Worker Raises Triable Issues In World Trade Center Remediation Lawsuit

NEW YORK - The federal judge presiding over a lawsuit brought by a man who contends that he was injured as a result of exposure to hazardous chemicals while cleaning up the disaster site of the Sept. 11 terrorist attacks at the World Trade Center on Nov. 13 partially granted and partially denied a motion...

Mealey's Toxic Tort/Environmental - New Jersey Panel Vacates Order Allowing Agency To Seize Control Of Landfill

NEWARK, N.J. - A New Jersey appellate panel on Nov. 13 vacated an emergency order entered by the New Jersey Department of Environmental Protection (NJDEP) allowing it to seize operations of a landfill due to its emissions of hydrogen sulfide, after finding that the agency first needed to obtain judicial...

Mealey's Toxic Tort/Environmental - Lead Exposure Constitutes Only 1 Occurrence, New York Federal Judge Says

BINGHAMTON, N.Y. - A primary insurer is responsible only for paying the policy limits on one of its three policies for an underlying lead exposure claim because there was only one occurrence within the meaning of the policies at issue, a New York federal judge said Nov. 14 in rejecting an excess insurer's...

Mealey's Toxic Tort/Environmental - Trial Court Did Not Err In Instructing Jury, Kentucky Appeals Court Determines

FRANKFORT, Ky. - A trial court did not err in instructing a jury charged to determine if an insurer owed additional coverage for its insureds' water and mold damages caused by a windstorm because the jury was not asked to make a coverage determination, the Kentucky Court of Appeals said Nov. 14 ...

Mealey's Toxic Tort/Environmental - DOJ: Environmental Remediation Firm To Pay $2.7M For Alleged Kickbacks

WASHINGTON, D.C. - The U.S. Department of Justice (DOJ) announced Nov. 17 that Sevenson Environmental Services Inc. has agreed to pay $2.72 million to resolve allegations that the environmental remediation firm violated the False Claims Act and Anti-Kickback Act in connection with work performed at the...

Mealey's Toxic Tort/Environmental - 3rd Circuit: Doctor Has 3 Days To Correct Filing Errors In Fracking Fluids Case

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Nov. 17 issued an order giving a Pennsylvania doctor who is seeking to learn the chemicals in proprietary hydraulic fracturing fluids three days to correct his filing error as he appeals a District Court's decision dismissing his lawsuit ...

Mealey's Toxic Tort/Environmental - California Federal Jury Finds For John Crane Inc. In Asbestos Gasket Case

LOS ANGELES - A California jury on Nov. 17 returned a defense verdict for John Crane Inc. in a case alleging exposure to asbestos from its gaskets (Susan Hill, et al. v. Air & Liquid Systems Corp., et al., No. 12-8713, C.D. Calif.).

Mealey's Toxic Tort/Environmental - U.S. Forestry Service Plan OKs Some Fracking In George Washington National Forest

ROANOKE, Va. - The U.S. Forestry Service (USFS) on Nov. 18 announced its revised plan for management of the 1.1 million-acre George Washington National Forest that will allow oil and gas exploration using hydraulic fracturing on a total of 177,200 acres.

Mealey's Toxic Tort/Environmental - 4th Circuit Consolidates Fracking Lawsuits Filed By West Virginia Residents

RICHMOND, Va. - The clerk of the Fourth Circuit U.S. Court of Appeals on Nov. 18 issued an order consolidating two lawsuits filed by landowners in West Virginia who contest the validity of oil and gas leases they entered into with a company seeking to use hydraulic fracturing on their land. The two groups...

Mealey's Toxic Tort/Environmental - Man's Fatal Asbestosis Nets Widow $5,635,080 From Florida Jury

MIAMI - A Florida jury on Nov. 18 awarded a widow $5,635,080 for fatal asbestosis a husband contracted during work as a boilermaker at power plants owned by the lone remaining defendant (Magaly Fernandez, et al. v. Florida Power & Light Co., et al., No. 11-17044, Fla. Cir., Miami-Dade Co.).

Mealey's Toxic Tort/Environmental - Judge Finds Plaintiffs' Clean Water Act Claims Lack Merit

PROVIDENCE, R.I. - A federal judge in Rhode Island on Nov. 19 found in favor of defendants accused of violating the Clean Water Act (CWA), holding that plaintiffs' citizen suit lacked merit because they were unable to show that the defendants discharged pollutants into navigable waterways of the...

Mealey's Toxic Tort/Environmental - Federal Judge Finds Property Owner Exhausted Administrative Remedies

BALTIMORE - After finding that a property owner who sought insurance coverage for storm damage that led to mold exhausted all of her administrative remedies, a Maryland federal judge on Nov. 19 refused to reconsider a decision allowing her to amend her complaint to add a cause of action for fees (Carvet...

Mealey's Toxic Tort/Environmental - Judge: Fracking Company Did Not Violate Federal Securities Laws; Case Dismissed

PHOENIX - A federal judge in Arizona on Nov. 17 dismissed a shareholder class action against a hydraulic fracturing company on grounds that the class failed to show that the fracking company violated any federal securities laws in its operations and earnings statements (In Re: Nuverra Environmental Solutions...

Mealey's Toxic Tort/Environmental - Texas Appeals Panel Reverses; Fracking Contract Dispute Involved Improper Evidence

TEXARKANA, Texas - A Texas appeals panel on Nov. 18 reversed and remanded a case in which a trial court ruled that a drilling company had to pay a hydraulic fracturing contractor for services provided, ruling that the contract that was admitted into evidence was not the actual contract between the parties...

Mealey's Toxic Tort/Environmental - 2 Texas Families Seek $1M Each From DuPont For Deaths Caused By Gas Leak

HOUSTON - The families of two Texas residents who were former employees of E.I. du Pont de Nemours & Co. who died following exposure to what they referred to as "highly toxic gas" on Nov. 17 filed two lawsuits against the company in Texas state court, seeking $1 million each, alleging that...

Mealey's Toxic Tort/Environmental - Panel: Medical, Academic Records Of Plaintiff's Mother, Siblings Discoverable

ALBANY, N.Y. - A New York state appellate panel on Nov. 20 affirmed a lower court's decision and determined that a landlord being sued for alleged injuries caused by exposure to lead-based paint had the right to compel the discovery of the academic records of the plaintiff's siblings and mother...

Mealey's Toxic Tort/Environmental - Asbestos Plaintiffs Tell MDL Judge Litigation Changes Warrant Punitive Damages

PHILADELPHIA - Plaintiffs in two federal asbestos multidistrict cases told the judge on Nov. 19 that changes in the litigation over the last 14 years warrant allowing the imposition of punitive damages (Kenneth McAfee and Shirley McAfee v. 20th Century Glove Corporation of Texas, et al., No. 13-6856...

Mealey's Toxic Tort/Environmental - New York Top Court Finds Notice Sufficient For Suit Against Port Authority

NEW YORK - An asbestos widow sufficiently fulfilled the statutory requirements necessary to sue the Port Authority of New York and New Jersey, even though she labeled the notice of claim as one for "personal injury" rather than "wrongful death," the New York Court of Appeals held...

Mealey's Toxic Tort/Environmental - Oil Company Says Well Contamination Lawsuit Fails; Plaintiffs Lack Standing

HOUSTON - Oil company Hess Corp. on Nov. 19 moved in Texas federal court for dismissal of a lawsuit brought by a hydraulic fracturing company that contends that Hess is liable for negligence and damages connected to alleged contamination of horizontal hydraulic fracturing wells; Hess says the plaintiffs...

Mealey's Toxic Tort/Environmental - Woman: Chemical Exposure From Imploded Railway Car Caused Injuries And Trauma

COLUMBUS, Ohio - A former employee of the Norfolk Southern Railway Co. (NSRC) on Nov. 18 filed a lawsuit in Ohio federal court alleging that she suffered personal injuries as a result of exposure to hazardous chemicals when a train car imploded in a rail yard (Karalee Carr v. Norfolk Southern Railway...

Mealey's Toxic Tort/Environmental - Judge Extends Discovery Deadline In Fracking Well Contamination Lawsuit

SCRANTON, Pa. - A Pennsylvania federal judge on Nov. 18 granted a second extension of discovery in a hydraulic fracturing lawsuit brought by a group of residents who contend that residential water wells were contaminated by hydraulic fracturing chemicals. The order constituted one paragraph and provided...

Mealey's Toxic Tort/Environmental - Texas Court Reinstates Asbestos Case Involving Contemporaneous Negligence

DALLAS - The Texas Supreme Court on Nov. 21 reversed course and agreed to decide whether the state's laws protect a premises owner from liability for contemporaneous negligent acts in an asbestos exposure case involving a contractor, according to its docket (Magdalena Adrienna Abutahoun, et al. v...

Mealey's Toxic Tort/Environmental - Judge: Fertilizer Maker Cannot Recover Costs For Litigation Against Third Parties

CHARLESTON, S.C. - A federal judge in South Carolina ruled Nov. 18 that a defendant in a Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) lawsuit can recover some litigation costs from a third-party defendant company that sold it the property at issue pursuant to an indemnification...

Mealey's Toxic Tort/Environmental - Pumping Company's Expert Not Permitted To Testify In Fracking Well Lawsuit

SHREVEPORT, La - A federal judge in Louisiana on Nov. 20 ruled that a pumping company embroiled in a lawsuit with an oil and gas exploration company related to allegedly negligent behavior at a hydraulic fracturing well site could not present testimony from its expert on grounds that he failed to provide...

Mealey's Toxic Tort/Environmental - DuPont Files 52 Answers, Says C8 Injury Plaintiffs' Lawsuit Is Barred

COLUMBUS, Ohio - E.I. du Pont de Nemours & Co., which has been sued by a class of Ohio residents who contend that the company is liable for wrongful death and other injuries from exposure to perfluorooctanoic acid, on Nov. 21 filed 52 boilerplate answers contending that the claims are barred because...