- Volume 27, Issue #8
- Carcinogenicity Of Glyphosate Debated At Opening Of Trial Against Monsanto
SAN FRANCISCO - The attorney for a man who claims that Monsanto Co. is responsible for his cancer on July 9 opened a bellwether trial in California state court by contending that the company has known since 1998 that its herbicide Roundup, which contains the active ingredient glyphosate, is connected to non-Hodgkin lymphoma (NHL), yet it failed to warn consumers (DeWayne Johnson v. Monsanto Company, No. CGC 16550128, Calif. Super., San Francisco Co.).
- Judge: Glyphosate Plaintiffs' Experts Are Admissible In Case Against Monsanto
SAN FRANCISCO - A federal judge in California on July 10 ruled that the experts for plaintiffs who have sued Monsanto Co. in multidistrict litigation related to the herbicide Roundup should be admitted because the plaintiffs have presented evidence from which a reasonable jury could conclude that glyphosate, the active ingredient in Roundup, can cause non-Hodgkin lymphoma (NHL) at "human-relevant doses" (In re: Roundup Products Liability Litigation, MDL No. 2741, N.D. Calif.).
- New York Panel Suspends Attorney's License In Lago Agrio Case Against Chevron
NEW YORK - A New York appellate panel on July 10 suspended the license to practice law for Steven R. Donziger, the attorney who represented a group of Ecuadorian residents who won an $18.5 billion judgment against the company in a court in Ecuador for injuries only to have it reversed (In the Matter of Steven R. Donziger: Attorney Grievance Committee for the First Judicial Department, Petitioner, Steven R. Donziger, Respondent, No. M-5635, N.Y. Sup., App. Div., 1st Dept.).
- Colorado Residents: 3M Co.'s Attempt To Exclude Expert In Tainted Water Case Fails
DENVER - The plaintiffs in the lead case against 3M Co. and other chemical manufacturers in Colorado federal court on July 11 filed a brief arguing that the defendants' motion to exclude the opinions of their expert in the groundwater contamination case related to aqueous film forming foam (AFFF) should be denied because the expert's opinions are "relevant and reliable" (David Bell, et al. v. 3M Company, et al., No. 16-2351, D. Colo.).
- Additional C8 Case Alleging DuPont Is Liable For Kidney Cancer Sent To MDL
WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation (JPMDL) on July 10 transferred another case against E.I. du Pont de Nemours and Co. for alleged injuries connected to exposure to perfluorooctanoic acid (known as C8) to the MDL in the U.S. District Court for the Southern District of Ohio (In re: E.I. du Pont de Nemours and Co. C8 Personal Injury Litigation, MDL No. 2433, No. 13-2433, S.D. Ohio).
- Judge: Sherwin-Williams Co. Not Entitled To Dismissal In Lead-Paint Injury Cases
MILWAUKEE - A federal judge in Wisconsin on July 13 denied a motion to dismiss a group of lead-paint injury lawsuits as they pertain to the Sherwin-Williams Co., concluding that the plaintiffs did not need to establish a prerequisite need for applying the risk contribution theory with regard to Sherwin-Williams specifically (Glenn Burton v. American Cyanamid, et al., No. 07-0303, E.D. Wis.).
- Lead Case Properly Dismissed, Panel Says; Tenant Was Notified Of Hazard
ANNAPOLIS, Md. - A panel of the Maryland Court of Special Appeals on July 12 denied an appeal of a man who contends that the Housing Authority of Baltimore City (HABC) is liable for his lead-based paint injuries, ruling that the man's mother had been notified about the dangers of "blood lead levels and the introduction of lead into the body by eating paint chips containing lead" (John Wright v. Housing Authority of Baltimore City, No. 2163, Sept. Term 2015; 2018 Md. App. LEXIS 695).
- Groups: Injunction Proper In Groundwater Case Involving Marina On Raritan River
TRENTON, N.J. - Two environmental groups on July 16 filed a brief in New Jersey federal court contending that their motion for a preliminary injunction should be granted against NL Industries Inc. related to claims that the company and others violated the Clean Water Act (CWA) when they discharged pollutants in levels that exceeded federal permits and contaminated local groundwater. Moreover, the groups insist that the defendants' argument that the motion is not ripe because of plans to build a marina on the river should be rejected (Raritan Baykeeper, et al. v. NL Industries Inc., et al., No. 09-4117, D. N.J.).
- 3M, DuPont, Others Deny Groundwater Claims, Say Couple Fails To State Case
ALBANY, N.Y. - The four companies that manufactured perfluorooctanoic acid (PFOA), including 3M Co. and E.I. du Pont de Nemours & Co., being sued by a couple who contends that the companies are liable for cancer and other injuries due to groundwater contamination filed separate answers on July 13, denying the allegations and contending that the plaintiffs fail to state a claim upon which relief can be granted (Kenneth Wickenden, et al. v. Saint-Gobain Performance Plastics Corp., et al., No. 17-1056, N.D. N.Y.).
- Judge Officially Closes Vinyl Chloride Case Related To Paulsboro Train Derailment
TRENTON, N.J. - The federal judge presiding over the lawsuit brought by New Jersey residents who contended that they were exposed to vinyl chloride as a result of a train derailment officially terminated the case on July 2 nearly one year after a panel of the Third Circuit U.S. Court of Appeals issued a mandate that the case lacked federal jurisdiction (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).
- Michigan Workers' Comp Exclusivity Bars Asbestos, Mercury Claims, Court Says
TROY, Mich. - Wastewater supervisors with general knowledge about mercury and asbestos hazards who withheld information regarding potential exposures to those toxins from employees do not meet the standard for finding actual knowledge and intent to injure necessary to escape the state's workers' compensation exclusivity provision, a Michigan appeals court held June 26 (Troy Williams, et al. v. East Lansing, et al., Nos. 335467, 335662, Mich. App., 2018 Mich. App. LEXIS 2733).
- Government Report: 43 Percent Of School Districts Have Water Tainted With Lead
WASHINGTON, D.C. - The U.S. Government Accountability Office (GAO) released a report on July 17 in which it estimated that 43 percent of school districts in the United States, which serve 35 million students, have drinking water that contains lead.