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About Mealey's™

As the premier provider of litigation news for over 25 years, Mealey's follows cases from initial complaint and brief to final verdict, decision or settlement.

The Mealey's staff of news journalists collect, source and write unbiased coverage of substantive litigation and arbitration issues and major litigation developments in and beyond the federal and state courts.

Mealey's reports include the latest case summaries, attorney listings, court documents, expert commentaries and breaking news e-bulletins across fourteen practice areas to help you work with greater insights and confidence.

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Toxic Tort/ Environmental

  • This Week 

    • U.S. House Committee Passes Asbestos Trust Disclosure Legislation

      WASHINGTON, D.C. - By a 17-to-14 vote, the House Judiciary Committee on May 21 approved legislation requiring asbestos trusts to produce quarterly reports detailing claimant names, amounts paid and the basis for the payment.

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      Court: Wrong Last Injurious Exposure Standard Applied To Mesothelioma Claim

      RALEIGH, N.C. - The industrial commission erroneously applied the last injurious exposure rule for asbestosis claims to a man's mesothelioma claim, the North Carolina Court of Appeal held May 21 (James Norman Richardson v. PCS Phosphate Co. Inc., et al., No. COA12-824, N.C. App.; 2013 N.C. App. LEXIS 514).

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      Inmate's Tobacco Claims Remanded To Clear Up Trial Judge's Reasoning

      ATLANTA - Dismissal of a Georgia prisoner's claim that exposure to secondhand smoke violated his Eighth Amendment rights under the U.S. Constitution was vacated by the 11th Circuit U.S. Court of Appeals, which said in a May 21 opinion that the judge failed to explain his departure from what a magistrate judge had recommended (David Dwayne Cassady v. Warden, et al., No. 12-15430, 11th Cir.; 2013 U.S. App. LEXIS 10190).

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      Bankruptcy Judge Sets Specialty Products' Asbestos Liability At $1.16 Billion

      WILMINGTON, Del. - Former joint compound producer Bondex International Inc. and its related holding company Specialty Products Holding Corp. face an estimated $1.16 billion in pending and future asbestos personal injury claims, about double what the companies estimate their asbestos liabilities at, a federal bankruptcy judge in Delaware overseeing the companies' joint Chapter 11 case ruled May 20 (In re: Specialty Products Holding Corp., et al., No. 10-11780, D. Del. Bkcy.; 2013 Bankr. LEXIS 2051).

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      Judge Issues Ruling For Housing Authority, Dismisses Mold-Related Claims

      RENO, Nev. - A Nevada federal judge on May 17 granted summary judgment for various defendants, including a housing authority, in an action filed by a tenant who alleged that her home was contaminated with mold, finding that she failed to prove that she suffered from any disability or that they interfered with her requests for reasonable accommodations (Charlotte Weatherford, et al. v. Nevada Rural Housing Authority, et al., No. 3:10-cv-729, D. Nev.; 2013 U.S. Dist. LEXIS 70568).

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      U.S. Supreme Court Refuses To Review Dismissal Of Village's Environmental Suit

      WASHINGTON, D.C. - The U.S. Supreme Court on May 20 denied an Alaska village's petition for review of a Ninth Circuit U.S. Court of Appeals decision affirming the dismissal of its suit claiming that emissions from a number of power companies have resulted in erosion that threatens its existence (Native Village of Kivalina, et al. v. ExxonMobil Corporation, et al., No. 12-1072, U.S. Sup.).

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      Pittsburgh Corning's Chapter 11 Reorganization Plan Confirmed

      PITTSBURGH - Thirteen years after seeking bankruptcy protection from hundreds of thousands of asbestos personal injury claims, building products manufacturer Pittsburgh Corning Corp. (PCC) on May 16 received confirmation from a Pennsylvania federal bankruptcy judge for a plan of reorganization that establishes a more than $2 billion trust to pay those claims and future asbestos demands (In re: Pittsburgh Corning Corporation, No. 00-22876, W.D. Pa. Bkcy.; 2013 Bankr. LEXIS 2030).

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  • Last Week 

    • Finding No Federal Question, Judge Remands California's Tobacco Tax Suit

      SACRAMENTO, Calif. - A California federal judge has granted remand of tobacco excise tax evasion and unfair business practice claims to state court, saying in an opinion filed May 15 that the state's complaint raised no federal question (People of the State of California, et al v. Darren Paul Rose, No. 2:13-cv-00675, E.D. Calif.; 2013 U.S. Dist. LEXIS 69382).

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      Louisiana Property Owners Granted Remand In Lawsuit Alleging Well-Waste Pollution

      LAFAYETTE, La. - Louisiana land owners seeking damages against oil and natural gas extraction companies for contaminating their real property with wastes were granted remand May 14 in the U.S. District Court for the Western District of Louisiana; the presiding judge affirmed the Feb. 27 recommendation to remand on the grounds nondiverse defendants were properly joined (Karl Deshotel, et al. v. ConocoPhillips Co., et al., No. 12-3133, W.D. La.; 2013 U.S. Dist. LEXIS 69483).

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      9th Circuit Panel Overturns Defense Summary Judgment In California C6 Injury Suit

      SAN FRANCISCO - A unanimous Ninth Circuit U.S. Court of Appeals panel revived certain personal injury and medical monitoring claims for the two remaining plaintiffs alleging exposure to hexavalent chromium and trichloroethylene from a Willits, Calif., industrial site in an opinion issued May 16; the trial court erred when it excluded plaintiffs' causation and exposure expert opinions and granted the defendants no-evidence summary judgment, according to the panel (Harry Whitlock, et al. v. Pepsi Americas, et al., No. 11-16958, 9th Cir.; 2113 U.S. App. LEXIS 9848).

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      Judge: Cigarettes Remain Contraband Regardless Of Owner

      BOWLING GREEN, Ky. - A Kentucky federal judge refused to dismiss contraband cigarette possession charges against a cigarette dealer, saying in a May 15 opinion that a defendant need not be the entity liable for payment of tobacco taxes to be charged with possession of contraband (United States of America v. David B. Cooper, No. 1:12-cr-00029, W.D. Ky., Bowling Green Div.; 2013 U.S. Dist. LEXIS 69003).

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      Appeals Court Finds Town Did Not Know About Potentially Dangerous Pipe

      BROOKLYN, N.Y. - A New York appeals court on May 15 affirmed a trial court's ruling that dismissed a complaint filed by a homeowner who alleged that a burst pipe owned by a town caused mold growth and water damage at his property, finding that the town showed that it had no reason to believe that the pipe would cause injury (Joseph Bilotta, et al. v. Town of Harrison, et al., No. 2011-07673, N.Y. Sup., App. Div.; 2013 N.Y. App. Div. LEXIS 3363).

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      Lender's Interest In Tobacco Crop Value Is Ruled Federally Preempted

      KNOXVILLE, Tenn. - A tobacco company is not liable to satisfy loans secured by the crop it purchased, a Tennessee federal judge said May 16, because such a claim is preempted by the Food Security Act of 1985 (FSA) (The New London Tobacco Market Inc. v. Philip Morris USA Inc., No. 3:13-cv-081, E.D. Tenn.; 2013 U.S. Dist. LEXIS 68786).

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      English Court Fines Decorating Company 81,943 Pounds For Asbestos Failures

      LONDON - The United Kingdom Health and Safety Executive on May 15 announced that an English court had fined a decorating company for exposing employees, staff and the public to asbestos.

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      Arkansas Appeals Panel Upholds Defense Summary Judgment For Natural Gas Companies

      LITTLE ROCK, Ark. - A unanimous Division II Arkansas Court of Appeals panel on May 15 affirmed no evidence summary judgment for natural gas extraction companies accused of diminishing property values by the siting of a natural gas well pad and contamination of adjacent property with drilling fluids (Odell Pollard P.A., et al. v. Seeco Inc., et al., No. 12-1026, Ark. App., Div. II; 2013 Ark. App. 331).

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      N.J. Judge Finds State's Interests Favor Protection Of Unfiled Expert Transcripts

      TRENTON, N.J. - A New Jersey state court judge on May 14 ruled that unfiled transcripts from depositions of environmental experts for ExxonMobil Corp. should not be produced to a law firm, after finding that the state's interest in protecting the information outweighs the public's need for the information (Drinker Biddle & Reath LLP v. New Jersey Department of Law and Public Safety, Division of Law, No. L-63-09, N.J. Super., Mercer Co.).

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      Panel: Environmental Board Must Determine If Documents Contain Trade Secrets

      HARRISBURG, Pa. - A Pennsylvania Commonwealth Court panel on May 15 reversed an Environmental Hearing Board's decision requiring a gas gathering and processing company to produce documents to the Clean Air Council (CAC) after finding that the board should have first decided if the documents contained trade secrets and if the CAC showed a compelling need for the information (Mark West Liberty Midstream & Resources LLC v. Clean Air Council, et al., No. 1508 C.D. 2012, Pa. Cmwlth.).

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      Judge: Expert Report Untimely; Causation Lacking Under New Virginia Standard

      WASHINGTON, D.C. - A revised expert report submitted in opposition to a motion for reconsideration is untimely, and even with it the claims fall short of the newly announced asbestos causation standard in Virginia, a District of Columbia federal judge held May 14 (Stephen A. Wannall, et al. v. Honeywell International Inc., f/k/a Allied Signal Inc., No. 10-351, D. D.C.; 2013 U.S. Dist. LEXIS 68248).

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      Pennsylvania Action Against Gas Storage Company Remanded To State Court

      SCRANTON, Pa. - A taking lawsuit removed in July 2010 by a natural gas transmission company to the U.S. District Court for the Middle District of Pennsylvania was remanded May 13 because joining an indispensable defendant would destroy diversity jurisdiction, and dismissal, as the defendant requested, would deny the plaintiffs an adequate remedy (Fred J. Robbins Sr., et uxor v. Dominion Transmission Inc., No. 10-1381, M.D. Pa.; 2013 U.S. Dist. LEXIS 67497).

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      Defense Motion To Intervene To Stop Document Discovery Denied In Lago Agrio Lawsuit

      NEW YORK - The judge presiding over the lawsuit filed by Chevron Corp. in the U.S. District Court for the Southern District of New York to prevent enforcement of an $18 billion personal injury and property damage judgment entered in a Lago Agrio, Ecuador, court issued an order May 14 denying a motion by the defendants to intervene to prevent enforcement of a subpoena duces tecum on a nonparty law firm; Chevron needs the documents, and the defendants have not produced them, according to the judge (Chevron Corp. v. Steven R. Donziger, et al., No. 11-691, S.D. N.Y.).

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      English Court Orders Plumber To Pay 11,870 Pounds For Unsafe Work

      LONDON - The United Kingdom Health and Safety Executive (HSE) on May 13 announced that an English magistrates' court fined a plumber after he potentially exposed his son and a family to asbestos.

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      Louisiana Appeals Panel Upholds $447,000 Malpractice Award In Property Damage Suit

      BATON ROUGE, La. - A unanimous First Circuit Louisiana Court of Appeal panel issued an opinion on May 10 affirming a $447,000 malpractice award to plaintiffs alleging phenol-contamination property damage claims; the trial court did not err when it concluded that the claims were not timely filed, according to the panel (Joseph R. LeJeune Jr., et al. v. Reed Rubinstein, et al., No. 12-891, La. App., 1st Cir.; 2013 La. App. Unpub. LEXIS 337).

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      Trio Charged With Tobacco Tax Dodging Fail To Obtain Dismissal

      LOUISVILLE, Ky. - A Kentucky federal judge refused to dismiss criminal charges against three people who allegedly used falsified invoices to avoid paying more than $2 million in Kentucky excise taxes on $12.5 million worth of cigarettes sold throughout the country, saying May 13 that the federal government properly alleged the elements of wire fraud and that a defendant failed to demonstrate selective or vindictive prosecution (USA v. Pedro Bello, et al., No. 3:11-cr-127, W.D. Ky.; 2013 U.S. Dist. LEXIS 67624).

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      Florida Federal Judge Dismisses Flight Attendant's Lawsuit For Lack Of Jurisdiction

      ORLANDO. Fla. - The chemical exposure personal injury lawsuit of a flight crew member against the manufacturers of the aircraft on which he worked was dismissed May 10 in the U.S. District Court for the Middle District of Florida for lack of jurisdiction; the plaintiff failed to meet his burden to establish diversity, according to the presiding judge (Chad Blatchley v. McDonnell Douglas Corp., et al., No. 12-1605, M.D. Fla.; 2013 U.S. Dist. LEXIS 66954).

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      Magistrate Judge Limits Request For Deposition Witnesses From Government

      WASHINGTON, D.C. - A federal magistrate judge in the District of Columbia on May 13 ruled that the federal government should produce a witness for a Federal Rule of Civil Procedure 30(b)(6) deposition in response to Lockheed Martin Corp.'s (LMC) request for information regarding the government's operation of Credit Cost Principle related to the company's lawsuit under the Comprehensive Environmental Response, Compensation, and Liability Act, but found that requests concerning five other topics were overbroad (Lockheed Martin Corporation v. United States of America, No. 08-1160, D. D.C.; 2013 U.S. Dist. LEXIS 674399).

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      Wisconsin Senate Considers Asbestos Bankruptcy Trust Bill After Assembly Passage

      MADISON, Wis. - Legislation dictating disclosure of asbestos personal injury trust claims and providing liable defendants with offsets for recoveries from those trusts passed the Wisconsin Assembly May 8 and was referred to the Senate Committee on Judiciary and Labor on May 10.

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      $16.8M Tobacco Verdict Is Vacated Over Failure To Prove Engle Membership

      TALLAHASSEE, Fla. - A Florida appeals court vacated a $16.8 million tobacco wrongful death verdict and ordered a new trial, saying in a May 10 opinion that the trial judge did not require the plaintiff to prove membership in the class Engle v. Liggett Group Inc. (945 So. 2d 1246 $(Fla. 2006$)); See October 2007, Page 4) before allowing her to use that case's preclusive findings (Philip Morris USA Inc. v. Andy R. Allen Sr., No. 1D11-6061, Fla. App., 1st Dist.).

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  • 2 Weeks ago 
  • 3 Weeks ago 

    • Judge Approves $1.9M Settlement To Resolve Suit Over Fly Ash Pollution

      GREENBELT, Md. - A federal judge in Maryland on May 1 approved a $1.9 million settlement between GenOn Maryland Ash Management LLC and the State of Maryland Department of the Environment over the company's alleged violation of state and federal pollution laws at three of its fly ash disposal sites (State of Maryland Department of the Environment v. GenOn Maryland Ash, et al., No. 12-cv-03755-PJM, D. Md.).

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      Justice Finds Chevron Has No Canadian Assets To Pay $18.2 Billion Ruling

      TORONTO - A Canadian judge on May 1 stayed an action filed by a group of Ecuadorian claimants in relation to alleged environmental exposures, finding that Chevron Corp. has no assets in Canada to satisfy an $18.2 billion judgment issued in their favor in Ecuador (Yaiguaje v. Chevron Corporation, No. CV-12-9808-00CL, Ontario Super.).

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      Reorganization Plans For GIT, NARCO Become Effective

      PITTSBURGH - The plans of reorganization for refractory products manufacturers Global Industrial Technologies Inc. (GIT) and North American Refractories Co. (NARCO), which include multimillion-dollar trusts to pay asbestos and silica personal injury claims, became effective April 30, more than 11 years after the companies filed Chapter 11 petitions, according to notices filed May 1 in a Pennsylvania federal bankruptcy court (In re: Global Industrial Technologies, Inc., et al., No. 02-21626, and In re: North American Refractories Co., et al., W.D. Pa. Bkcy.).

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      Maryland Court Rejects Damages For Plaintiffs Never Officially Added To Action

      BALTIMORE - The statute of limitations bars recovery by plaintiffs named but never officially added to four consolidated asbestos actions, the Maryland Court of Special Appeals held May 2 (The Wallace & Gale Asbestos Settlement Trust v. Sonia Carter, et al., No. 2018, September Term, 2011, Md. Spec. App.; 2013 Md. App. LEXIS 53).

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      New York Appeals Panel Affirms Town Zoning Authority To Regulate Natural Gas Wells

      ALBANY, N.Y. - A unanimous panel of the Third Department New York Supreme Court Appellate Division issued an opinion May 2 affirming the authority of local municipalities to adopt zoning regulations that prohibit natural gas and petroleum exploration, production and storage; state regulation of the conduct of the natural gas and petroleum industry does not preempt municipal home rule authority to regulate land use, according to the panel (In the Matter of Norse Energy Corp. USA v. Town of Dryden, et al., No. 515227, N.Y. Sup., App. Div., 3rd Dept.; 2013 NY Slip Op 03145; 2013 N.Y. App. Div. LEXIS 3078).

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      Panel Affirms Grant Of Class Certification In Securities Lawsuit

      NEW ORLEANS - A federal district court did not err in granting class certification in a securities class action lawsuit because price impact evidence does not bear on the inquiry into whether common issues predominate under Federal Rule of Civil Procedure 23(b)(3), a Fifth Circuit U.S. Court of Appeals panel ruled April 30 (Erica John Fund, et al. v. Halliburton Co., et al., No. 12-1398, 5th Cir.).

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      Radiation Death Claims Survive Defense Motion To Dismiss In Louisiana Federal Court

      NEW ORLEANS - Oil extraction companies joined as defendants in a wrongful death lawsuit filed in the U.S. District Court for the Eastern District of Louisiana by the survivors of an oil pipe maintenance worker for alleged exposure to naturally occurring radioactive materials were denied in part dismissal for failing to state a claim in an order entered April 30 (Eula K. Pierce, et al. v. ExxonMobil Corp., et al., No. 12-2224, E.D. La.; 2013 U.S. Dist. LEXIS 61526).

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      Indiana Appeals Panel Affirms In Part Judgment In Dursban Injury Lawsuit

      INDIANAPOLIS - In a unanimous opinion issued April 30, an Indiana Court of Appeals panel affirmed in part a trial court order granting The Dow Chemical Co. summary judgment on failure-to-warn claims in a Dursban-brand termiticide personal injury lawsuit; the panel affirmed denial of summary judgment for the applicator (John Gresser et uxor v. The Dow Chemical Co. Inc., No. 79-A-02-1111, Ind. App.; 2013 Ind. App. LEXIS 204).

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      Indiana Appeals Panel Upholds Right To Farm Act Judgment For Dairy Factory Farm

      INDIANAPOLIS - A unanimous Indiana Court of Appeals panel on April 30 affirmed summary judgment for the operator of a confined animal feeding operation on the grounds that the factory farm cannot as a matter of law be held liable under the tort of nuisance for odor and personal injury damages (Glenn Parker, et al. v. Obert's Legacy Dairy, No. 26-A-05-1209, Ind. App.; 2013 Ind. App. LEXIS 203).

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      Court: Bankrupt Company Must Find Someone Who Can Verify Responses

      LOS ANGELES - A judge must rule on a response to a request for admissions as unverified unless a bankrupt and dissolved asbestos defendant appoints someone with the power to decide whether its attorney may verify the response and thus waive attorney-client privilege, a California appeals panel held April 30 (Mary Melendrez, et al. v. Superior Court of State of California, County of Los Angeles, Special Electric Co. Inc., No. B243320, Calif. App., 2nd Dist., Div. 3; 2013 Cal. App. LEXIS 343).

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      2nd Circuit Certifies Tobacco Medical Monitoring To New York Court Of Appeals

      NEW YORK - Saying it is unable to predict how state courts would rule, the Second Circuit U.S. Court of Appeals on May 1 certified to the New York Court of Appeals the question of whether medical monitoring of smokers for early cancer detection can exist as an independent cause of action and, if so, when the cause of action accrues (Marcia L. Caronia, et al. v. Philip Morris USA Inc., No. No. 11-316, 2nd Cir.).

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      Federal Judge Finds Landlord Had Duty To Maintain Building's Condition

      ST. LOUIS - An Illinois federal judge on April 30 refused to grant summary judgment in favor of the owners of a building on claims asserted by an employee, finding that the owners had control over a portion of the building that developed mold and contained various harmful substances (Yan Shifrin v. Associated Banc Corp., et al., No. 3:12-cv-00839, S.D. Ill.; 2013 U.S. Dist. LEXIS 61283).

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      Court Finds Policy Excluded Property Damage Claims Related To Window Work

      MILWAUKEE - A Wisconsin appeals court on April 30 affirmed a circuit court's decision in favor of an insurer, finding that coverage claims related to a glass company's allegedly negligent caulking work were excluded under its policy (Randal Strauss v. Milwaukee Plate Glass Co., et al., No. 2012AP1778, Wis. App., 3rd Dist.; 2013 Wisc. App. LEXIS 369).

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      New York Court Finds Tenant's Mold-Related Injury Claims Were Timely

      NEW YORK - A New York appeals court on April 30 affirmed a trial court's decision to deny summary judgment to a landlord, finding that a tenant's mold-related personal injury claims were not time-barred and that the court did not err in allowing the tenant to file an amended bill of particulars (Richard Fields v. Lambert Houses Redevelopment Corp., et al., No. 9362, 18101/06, N.Y. Sup., App. Div., 1st Dept.; 2013 N.Y. App. Div. LEXIS 2952).

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      Flintkote Says Former Parent's Objections To Reorganization Plan Are Self-Serving

      WILMINGTON, Del. - The former parent of Chapter 11 debtor The Flintkote Co. is not concerned about asbestos personal injury claimants and is objecting to Flintkote's plan of reorganization merely to use the bankruptcy case to its own litigation advantage, Flintkote says in an April 29 brief in the former parent's Delaware federal court appeal of the plan's confirmation (In re: The Flintkote Co., et al. [Imperial Tobacco Canada Limited, et al. v. The Flintkote Company, et al., No. 13-227, D. Del.]).

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      Oklahoma Legislators Pass Asbestos Trust Fund Disclosure Legislation

      OKLAHOMA CITY - Legislation requiring Oklahoma asbestos claimants to disclose trust fund claims within 90 days of filing an action and 180 days before trial date is headed to the governor after the state Senate approved it by unanimous vote on April 30.

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2013

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