- Volume 9, Issue #1
- Indemnification Pleading In Benzene Injury Case Found To Defeat Dismissal
FORT MYERS, Fla. - A hardware store chain has adequately pleaded indemnification against a manufacturer of paint products alleged to have caused a former furniture refinisher's leukemia, a Florida federal judge said in a June 3 opinion (Gaetana Sorvillo v. Ace Hardware Corporation, et al., No. 2:13-cv-629, M.D. Fla., Fort Myers Div.; 2014 U.S. Dist. LEXIS 75352).
- Plaintiffs Fail To Pierce Corporate Veil In Lawsuit Alleging Abandoned Pollution
FORT MYERS, Fla. - A personal injury and property damage lawsuit filed in the U.S. District Court for the Middle District of Florida alleging fraud and strict liability for the illegal abandonment of volatile organic compounds and polycyclic aromatic hydrocarbons was dismissed May 27 without prejudice for failing to state a claim; the plaintiffs have 14 days to file an amended complaint (Noel D. Clark Jr., et al. v. Ashland Inc., No. 13-794, M.D. Fla.; 2014 U.S. Dist. LEXIS 71995).
- Safety-Kleen Sanctioned For Bad Faith Negotiations In Settlement Meeting
PITTSBURGH - Safety-Kleen Systems Inc. was sanctioned in Pennsylvania federal court by a magistrate judge who said May 28 that the company showed in bad faith in a settlement negotiation with plaintiffs alleging the development of myelofibrosis and myelodysplastic syndrome as a result of occupational exposure to benzene in the company's 105 Solvent (Ruben Grigoryants and Mariana Grigoryants v. Safety-Kleen Corporation, No. 1:11-CV-00267-SJM, W.D. Pa.; See April 2014, Page 8).
- Panel Upholds Dismissal Of Workers' Compensation Claim
LAKE CHARLES, La. - A workers' compensation judge properly dismissed a former Dual Trucking Inc. employee's claim, a Louisiana appeals panel found June 4, explaining that the former employee cannot carry his burden to prove causation between his alleged exposure to chemicals while on the job and any injury or symptom that he has sustained (Jody Matt v. Dual Trucking Inc., 13-1403, La. App., 3rd Cir.; 2014 La. App. LEXIS 1472).
- Federal Judge Remands Maritime Lymphoma Suit
LAFAYETTE, La. - A federal judge in Louisiana on June 6 remanded to state court a suit alleging that a plaintiff's lymphoma was caused by his exposure to benzene during his employment as a seamen, agreeing with the plaintiff that his Merchant Marine Act of 1920 (the Jones Act) claim was not removable (James Gabriles v. Chevron USA Inc., et al., No. 14-669, W.D. La.; 2014 U.S. Dist. LEXIS 77674).
- Family Of Deceased Refinery Worker Sues ExxonMobil
BEAUMONT, Texas - The spouse and children of a deceased former Mobil Oil Co. refinery worker on June 4 filed an employer gross negligence suit in Texas state court against Mobil and ExxonMobil Corp., alleging that during his employment he was exposed to benzene and other products, which led to his development of myelodysplastic syndrome and death (Kathryn Drake, et al. v. ExxonMobil Corp., et al., No. D195764, Texas Dist., Jefferson Co.).
- Texas Judge Denies Company's Motion To Reverse $2.9M Hydraulic Fracturing Award
DALLAS - The Texas judge presiding over a case in which $2.9 million was awarded to a family for injuries related to hydraulic fracturing on June 19 denied the company's motion seeking judgment as a matter of law reversing the award (Lisa Parr, et al. v. Aruba Petroleum Inc., No. 11-1650, Texas Law No. 5, Dallas Co.).
- Missouri AG Requests Injunction Against Landfill
CLAYTON, Mo. - In a Missouri state court, Missouri Attorney General Chris Koster on June 4 requested a preliminary injunction requiring more aggressive management by Republic Services Inc. of the Bridgeton Landfill in Bridgeton, Mo., as well as more reimbursement to the state for its monitoring (State Of Missouri ex rel. Attorney General Chris Koster, et al. v. Republic Services Inc., et al., No. 13SL-CC01088, Mo. Cir., St. Louis Co.).
- Residents Ask 5th Circuit To Rehear CITGO Decision
NEW ORLEANS - Residents of the Hillcrest neighborhood of Corpus Christi, Texas, on June 2 filed a petition for rehearing en banc of the Fifth Circuit U.S. Court of Appeals' denial of their request for a petition for a writ of mandamus pertaining to a court's denial of restitution in the criminal case against CITGO Petroleum Corp. for criminal pollution violations (In re: Jewell Allen, et al., No. 14-40505, 5th Cir.; See May 2014, Page 9).
- ExxonMobil's Attempt To Dismiss Pegasus Pipeline Spill Suit Denied By Judge
LITTLE ROCK, Ark. - A federal judge in Arkansas on June 9 denied ExxonMobil Pipeline Co.'s motion to dismiss a lawsuit brought by the federal government and State of Arkansas over an oil spill by the Pegasus Pipeline in Mayflower, Ark., in March 2013, finding that the plaintiffs sufficiently stated claims under the Clean Water Act and state pollution laws (United States of America, et al. v. ExxonMobil Pipeline Company, et al., No. 13-cv-00355-KGB, E.D. Ark.; See June 2013, Page 10).