3rd Circuit Reverses Denial Of Summary Judgment On Medical Monitoring Claim

PHILADELPHIA - (Mealey's) A panel of the Third Circuit U.S. Court of Appeals on Aug. 24 reversed a district court's finding in favor of medical monitoring for a minor plaintiff who allegedly was injured by an experimental heart stent, holding that even if Delaware law would allow medical monitoring...

Judge OKs $70M DuPont Waste Pile Settlement In West Virginia

CHARLESTON, W.Va. - (AP) Chemical maker DuPont Co. will pay $70 million and fund long-term medical monitoring for residents of a West Virginia town who sued over pollution from a zinc smelter and its 100-foot-tall pile of waste. A state judge approved the settlement Tuesday that ends years of court battles...

Federal Judge Rejects Marlboro Smokers' Medical Monitoring Claims

BROOKLYN, N.Y. - (Mealey's) A New York federal judge on Jan. 13 dismissed a lawsuit by Marlboro smokers seeking certification of a class to require Philip Morris USA to pay for medical monitoring, saying that because all cigarettes are dangerous, Philip Morris' failure to design a cigarette with...

U.S. Supreme Court Denies Appeal Of $241 Million Tobacco Judgment

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court has denied tobacco companies' appeal of a Louisiana state court order to fund a $241 million medical monitoring and smoking cessation program, according to a clerk of the court report issued June 27 ( Philip Morris USA Inc., et al. v. Deania...

Current, Former Football Players Sue NFL Over Concussions

PHILADELPHIA - (AP) Six former players and one current player have sued the NFL in Philadelphia over the league's handling of concussion-related injuries, the first potential class-action lawsuit of its kind. The players accuse the league of training players to hit with their heads, failing to properly...

3rd Circuit Finds Class Action Inappropriate In Vinyl Chloride Exposure Case

In Gates v. Rohm & Haas Co. et al , 2011 U.S. App. LEXIS 17756 (3rd. Cir.: 8/25/11), Plaintiffs were residents of a primarily residential area of approximately 2,000 people and 400 homes. Defendant chemical companies owned and operated a facility one mile north of of the village. The plaintiffs...

Defendant Monsanto Announces Settlement Preliminarily Approved In West Virginia Dioxin Lawsuits

WINFIELD, W.Va. - (Mealey's) Monsanto Co. announced that preliminary approval of the settlement was granted Feb. 24 in the Putnam County, W. Va., Circuit Court in medical monitoring and property contamination lawsuits related to the alleged dioxin contamination of the town of Nitro ( Vada Zitzelsberger...

William A. Ruskin: 2nd Circuit Grapples With Medical Monitoring

By William A. Ruskin On May 1, 2013, the Second Circuit issued an important decision in Caronia v. Philip Morris USA Inc. , 2d Cir., No. 11-0316 (5/1/13) [ enhanced version available to lexis.com subscribers ]. The Court provides an excellent summary of the law concerning medical monitoring claims...

William A. Ruskin: New York State Court Of Appeals: Injury Required For Medical Monitoring

By William A. Ruskin | In a landmark decision, the NYS Court of Appeals rejected medical monitoring claims in the absence of a physical injury in Caronia v. Philip Morris , No. 227, slip op. (N.Y. Dec. 17, 2013) [ enhanced opinion available to lexis.com subscribers ]. By way of background, on May...

Judge Denies Monitoring, Future Medical Expenses In Criminal Pollution Case

CORPUS CHRISTI, Texas — (Mealey’s) Compensation for future medical expenses, court-ordered medical monitoring and relocation from allegedly polluted properties is not justified by the evidence, the Texas federal judge sentencing CITGO Petroleum Corp. for criminal pollution violations said...