LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - N.Y. Court: Salvager's Demolition Not An Intended Use Of Product; No Duty Exists

NEW YORK - Demolition and dismantling of a product is not an intended or foreseeable use, freeing a manufacturer from liability to a man who claims exposure to asbestos while salvaging pumps, a New York appeals court held June 9 in finding a complaint should be dismissed (Bryan Hockler v. 3M Co., et...

Mealey's Toxic Tort/Environmental - Delaware Court Asks New York To Weigh In On Asbestos-Insurance Dispute

WILMINGTON, Del. - The Delaware Supreme Court on June 10 certified questions to New York's top court about whether all sums or pro rata allocation governs an insurance dispute and how insurance policy exhaustion affects access to excess policies. The long-running dispute involves insurance coverage...

Mealey's Toxic Tort/Environmental - Judge: Maintenance Work, Supplying Insulation Keeps Manufacturer In Action

MILWAUKEE - The state's statute of repose does not apply to maintenance work and does not exempt a manufacturer who supplied asbestos-containing insulation for that specific project, a federal judge in Wisconsin held June 9 (Marybeth Nuutinen, et al. v. CBS Corp., and John Crane Inc., No. 97-678...

Mealey's Toxic Tort/Environmental - Component Parts Case May Continue, New York Appeals Court Says

ROCHESTER, N.Y. - Crane Co. can be held liable for failing to warn about the dangers of asbestos-containing component parts where questions exist about the usefulness of non-asbestos-containing options, a New York appeals court held June 12 (In the Matter of the Eighth Judicial District Asbestos Litigation...

Mealey's Toxic Tort/Environmental - Federal Judge Nixes Subcontractors' Asbestos Action Involving Condensers

KNOXVILLE, Tenn. - Subcontractors' action alleging exposure to asbestos during salvage work improperly targets the company that sold the scrapped synchronous condensers, a federal judge in Tennessee held June 12 (Chris Upton, et al. v. BNFL Inc., et al., No. 12-295, E.D. Tenn.; 2015 U.S. Dist. LEXIS...

Mealey's Toxic Tort/Environmental - 9th Circuit: EPA Properly Authorized Revision To Emissions Rule

SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on June 18 ruled that the U.S. Environmental Protection Agency properly authorized a revision to California's State Implementation Plan (SIP) that authorized the San Joaquin Valley Unified Air Pollution District to impose fees on mobile...

Mealey's Toxic Tort/Environmental - California Court Keeps Brake Grinder Maker In Take-Home Asbestos Case

LOS ANGELES - The nearly universal use of asbestos in the type of brakes a man worked with creates a sufficient relationship to hold a manufacturer of brake grinding machines liable in a take-home exposure case, a California appeals court held June 18 (Michael Sherman, et al. v. Hennessy Industries Inc...

Mealey's Toxic Tort/Environmental - 5th Circuit Denies Stay During Appeal Of Remand Order

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on June 19 declined to stay remand of an asbestos case, saying the shipyard defendant lacked sufficient evidence of a causal nexus or the existence of a colorable federal contractor defense to warrant such a move (Mary Jane Wilde v. Huntington...

Mealey's Toxic Tort/Environmental - No Bad Faith In Omission Of Asbestos Action From Bankruptcy, Judge Says

PHILADELPHIA - A man's omission in his bankruptcy filing of an asbestos action under an eight-year stay does not evidence bad faith, but the trustee still gets the first shot at prosecuting the since-reinstated claim, a federal judge in Pennsylvania held June 23 (Willard E. Bartel, administrator...

Mealey's Toxic Tort/Environmental - Judge Certifies Questions On Duty, Causation To Alabama Court

BIRMINGHAM, Ala. - The Alabama Supreme Court must weigh whether a premises owner owes a duty to protect household members from asbestos exposures and whether but-for or substantial-factor causation applies in multiple toxic exposure cases after receiving certified questions from a federal judge on June...

Mealey's Toxic Tort/Environmental - Wrongful Death Claim Requires Decedent Have Viable Claim At Death, Court Says

SEATTLE - An asbestos wrongful death action requires that a viable underlying claim exist at the time of the death, a divided Washington appeals court held June 22 (Judy R. Deggs, et al. v. Asbestos Corp. Limited, et al., Nos. 71297-7-1, 71550-0-1, Wash. App., Div. 1; 2015 Wash. App. LEXIS 1324).

Mealey's Toxic Tort/Environmental - Judge Applies Maritime Law To Asbestos Case, Finds Bare Metal Defense Bars Claims

NEWARK, N.J. - Maritime law governs cases arising from dry dock work, and the bare metal defense bars the negligence and strict liability claims, a federal judge in New Jersey held June 24 (Kenneth T. Shearer and Barbara Shearer v. A.W. Chesterton Co., et al., No. 13-5887, D. N.J.; 2015 U.S. Dist. LEXIS...

Mealey's Toxic Tort/Environmental - Judge Admits Deposition, But Motions To Exclude Experts Net Mixed Results

NEW ORLEANS - A Louisiana federal judge on June 25 allowed an industrial hygienist's asbestos-exposure testimony, over defense complaints that he lacked sufficient experience with mastics or adhesives. The judge previously admitted deposition testimony finding that an insurer's interests were...

Mealey's Toxic Tort/Environmental - Court Affirms Judgment For Employer In Asbestos Case

LOS ANGELES - A trial court properly concluded that an employer shifted the burden of summary judgment and that plaintiffs failed to create triable issues, a California appeals court held June 24 (Teresa Quiroz, et al. v. BNSF Railway Co., No. B250165, Calif. App., 2nd Dist.; 2015 Cal. App. Unpub. LEXIS...

Mealey's Toxic Tort/Environmental - U.S. Supreme Court Denies BP, Anadarko's Requests To Review Liability Ruling

WASHINGTON, D.C. - The U.S. Supreme Court on June 29 denied petitions asking the high court to review a Fifth Circuit U.S. Court of Appeals' ruling affirming a federal judge in Louisiana's finding concerning BP Exploration & Production Inc. and Anadarko Petroleum Corp.'s liability under...

Mealey's Toxic Tort/Environmental - 9th Circuit Orders EPA To Consider Effects Of Discharges Into Beaufort Sea

ANCHORAGE, Ala. - The Ninth Circuit U.S. Court of Appeals on June 29 remanded a case to the Environmental Protection Agency to make a determination regarding whether the discharge of noncontact cooling water into the Beaufort Sea will cause unreasonable degradation of the marine environment, after the...

Mealey's Toxic Tort/Environmental - Judge Excludes 'Every Exposure' Testimony From Asbestos Trial

RALEIGH, N.C. - A judge overseeing an asbestos case nearing trial on June 29 barred an expert from testifying that "every exposure" leads to disease and excluded another expert's testimony regarding causation, finding it insufficiently specific (Graham Yates and Becky Yates v. Ford Motor...

Mealey's Toxic Tort/Environmental - Court: California Sales Don't Get Asbestos Fiber Broker Out Of Washington Courts

SEATTLE - A broker need not know asbestos would end up in pipe used in Washington because the volume of sales suggested the fibers would enter the stream of commerce, a state appeals court held June 29 in reversing dismissal (Candance Noll, et al. v. American Biltrite Inc., et al., No. 71345-1-I, Wash...

Mealey's Toxic Tort/Environmental - 5th Circuit Orders New Trial For Convicted BP Engineer Over Juror's Conduct

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on June 30 ruled that a former BP Exploration & Production Inc. engineer who was convicted of one count of obstruction of justice for deleting text messages and emails related to the calculations of the amount of oil spilling out of the Macondo...

Mealey's Toxic Tort/Environmental - BP Agrees To Pay $18.7B To Resolve Claims Over Gulf Oil Spill

NEW ORLEANS - BP Exploration & Production Inc. will pay $18.7 billion over the course of 18 years to resolve Clean Water Act (CWA) and natural resource damages claims from the federal government and states of Alabama, Florida, Louisiana, Mississippi and Texas stemming from the oil spill in the Gulf...

Mealey's Toxic Tort/Environmental - Tennessee Court: Judge's Post-Verdict Instructions Require New Damages Trial

KNOXVILLE, Tenn. - A judge's post-verdict jury instruction regarding the Federal Employer Liability Act (FELA)'s bar on contributory negligence requires a new trial on the issue of damages in an asbestos case, Tennessee's top court held July 1 in largely upholding the verdict (Anne Payne...

Mealey's Toxic Tort/Environmental - Puerto Rico: Reconsideration Of MTBE Ruling Needed; Evidence 'Overlooked'

NEW YORK - The Commonwealth of Puerto Rico on June 30 moved in New York federal court for reconsideration of the court's opinion that dismissed some of the commonwealth's claims, arguing that the ruling constitutes "manifest injustice" and that evidence was "overlooked" (In...

Mealey's Toxic Tort/Environmental - 4th Circuit Revives Contamination Suit Against Horseshoe Casino Developers

RICHMOND, Va. - A Fourth Circuit U.S. Court of Appeals panel on July 1 revived a lawsuit brought by a number of Maryland residents against the city of Baltimore and the developers of the Horseshoe Casino, ruling that a federal judge erred when dismissing their claims under the Resource Conservation and...

Mealey's Toxic Tort/Environmental - Defendants: Plaintiffs Fail To State Claim in VOC Litigation

FORT MYERS, Fla. - A group of chemical companies being sued by a farm trust that alleges that the companies have contaminated the trust's property with volatile organic compounds on July 1 filed a brief in Florida federal court arguing that the plaintiffs' second amended complaint should be dismissed...

Mealey's Toxic Tort/Environmental - Tennessee Court Affirms Causation Experts, Evidence, $3,335,685 Asbestos Verdict

NASHVILLE, Tenn. - A Tennessee court on June 30 rejected a railroad's challenges to asbestos causation experts and evidence and affirmed a $3,335,685 judgment (Linda J. Russell, et al. v. Illinois Central Railroad Co., No. W2013-02453-COA-R3-CV, Tenn. App.; 2015 Tenn. App. LEXIS 520).