Mealey's Toxic Tort/Environmental - 7th Circuit: Company Can Raise Divisibility Defense, Seek Contribution For Cleanup

CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Sept. 25 ruled that a plaintiff company in a Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) lawsuit can seek contribution from defendant companies under Section 113(f) of the statute and that a federal judge in...

Mealey's Toxic Tort/Environmental - 5th Circuit: Class Action Law Mandates Federal Jurisdiction In Tainted Water Case

NEW ORLEANS - A panel of the Fifth Circuit U.S. Court of Appeals on Sept. 26 reversed and remanded a decision by a district court that had remanded a class action case to Louisiana state court and said that the addition of a local defendant to the plaintiffs' amended complaint did not allow them...

Mealey's Toxic Tort/Environmental - Court Affirms Admission Of Expert Testimony Linking Asbestos To Hodgkins Lymphoma

CLEVELAND - A judge properly admitted expert testimony linking asbestos exposure and a man's Hodgkin's lymphoma, and sufficient evidence supports the jury's resulting verdict permitting the man to participate in the state's workers' compensation system, an Ohio appeals court held...

Mealey's Toxic Tort/Environmental - Group Sues Utility Company Alleging It Tainted Water, Soil With Hazardous Waste

SAN FRANCISCO - A nonprofit group consisting of commercial fishermen and buyers in the San Francisco Bay on Sept. 30 filed a lawsuit in a California federal court against Pacific Gas & Electric Co. (PGEC), alleging that the utility company has contaminated soil, groundwater and the bay through its...

Mealey's Toxic Tort/Environmental - Judge Dismisses Goodyear's Suit Seeking $2M In Litigation Expenses

AKRON, Ohio - A federal judge in Ohio on Sept. 29 ruled that Lockheed Martin Corp. is not required to pay Goodyear Tire & Rubber Co. more than $2 million for litigation costs and attorney fees that Goodyear incurred in defending an earlier suit brought by Lockheed to recover response costs incurred...

Mealey's Toxic Tort/Environmental - New York Jury Awards $7 Million To Man Suffering From Mesothelioma

NEW YORK - A New York jury on Sept. 29 awarded $7 million to a man who contracted mesothelioma after exposure to asbestos during the construction of a National Grid Generation LLC predecessor's facility, sources told Mealey's Publication (Ralph North v. National Grid Generation LLC, No. 190114...

Mealey's Toxic Tort/Environmental - Crane Co. Tells New York Top Court It Isn't Liable For Third-Party Asbestos Parts

NEW YORK - New York does not impose a duty on manufacturers for third-party asbestos products over which they had no control, and at the very least a new trial should be ordered to allow Crane Co. to present evidence under the new standard, Crane Co. argues in a Sept. 29 brief to the New York Court of...

Mealey's Toxic Tort/Environmental - Magistrate Judge Denies Motion To Bifurcate Proceedings In RCRA Lawsuit

TRENTON, N.J. - A federal magistrate judge in New Jersey on Sept. 30 denied NL Industries Inc. and NL Environmental Management Services Inc.'s motion to bifurcate proceedings in a Resource Conservation and Recovery Act (RCRA) lawsuit, ruling that the defendant companies failed to show how they would...

Mealey's Toxic Tort/Environmental - Judge Rejects 'Sham' Affidavit, Grants Asbestos Brake Maker Judgment

WILMINGTON, Del. - A man's deposition testimony regarding a single instance of installing a defendant's brakes is simply "too speculative" to proceed, and an affidavit containing an unexplained change in memory constitutes a "sham affidavit," a Delaware judge held Sept. 30...

Mealey's Toxic Tort/Environmental - Asbestos Fraud Defendants Want N.J. Court To Weigh In On Litigation Privilege

NEWARK, N.J. - A Third Circuit U.S. Court of Appeals panel should grant rehearing in a case alleging fraud in asbestos-tainted talc litigation so that the New Jersey Supreme Court can weigh in on the scope of the state's litigation privilege, two defendants argue in a pair of Oct. 1 briefs (Kimberlee...

Mealey's Toxic Tort/Environmental - Judge Allows Site Remediation Group To Voluntarily Dismiss CERCLA Claims

ATLANTA - A federal judge in Georgia on Oct. 1 granted a plaintiff group's motion to voluntarily dismiss its claims for cost recovery and contribution under the Comprehensive Environmental Response, Compensation, and Liability Act because it was previously awarded partial summary judgment on its...

Mealey's Toxic Tort/Environmental - Judge Refuses To Alter Findings On Defendant's Nonparty Defense

INDIANAPOLIS - A federal judge in Indiana on Sept. 30 denied a defendant company's motion to amend his July 16 findings of fact regarding the company's liability for soil and groundwater contamination caused by the use of perchloroethylene (PCE), holding that the defendant did not provide sufficient...

Mealey's Toxic Tort/Environmental - 8th Circuit: Fracking Verdict For Vibration Damages Stands; Jury Not 'Tainted'

ST. LOUIS - A panel of the Eighth Circuit U.S. Court of Appeals on Oct. 3 affirmed a district court's decision denying a hydraulic fracturing company a new trial, finding that the verdict was not tainted by juror misconduct with regard to its discussion about the relationship of fracking and earthquakes...

Mealey's Toxic Tort/Environmental - Judge Dismisses Nebraska's Suit Over Proposed Greenhouse Gas Standards

LINCOLN, Neb. - A federal judge in Nebraska on Oct. 6 dismissed a lawsuit filed by the state challenging a proposed standard by the U.S. Environmental Protection Agency that would limit greenhouse gas emissions from newly built fossil-fuel-fired energy-generating stations, ruling that the lawsuit runs...

Mealey's Toxic Tort/Environmental - Supreme Court Rejects Expert-Witness Asbestos Case

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 6 declined a petition seeking review of a Ninth Circuit U.S. Court of Appeals ruling, finding that a judge failed to perform his expert-witness gatekeeping function in an asbestos case that resulted in a $10.2 million verdict (Henry and Geraldine Barabin...

Mealey's Toxic Tort/Environmental - 11th Circuit Reverses And Remands, Finds Homeowners' Water Contamination Case Valid

ATLANTA - A panel of the 11th Circuit U.S. Circuit Court of Appeals on Oct. 6 reversed and remanded a lawsuit brought by homeowners who contended that their drinking water was contaminated by a corporation that operated an aircraft and rocket engine manufacturing facility, concluding that under Florida...

Mealey's Toxic Tort/Environmental - Maryland Appeals Court Finds No Liability For Replacement Parts

BALTIMORE - Three pump manufacturers cannot be held liable under either strict liability or negligence theories for asbestos-containing replacement gaskets they did not manufacture or supply, a Maryland appeals court held Oct. 3 (Philip Royce May, et al. v. Air & Liquid Systems Corp., etc., et al...

Mealey's Toxic Tort/Environmental - California Court: Asbestos MDL Judge Misapplied Sophisticated User Doctrine

SAN FRANCISCO - A 2011 opinion by the federal asbestos multidistrict judge does not bar a similar action against Crane Co. in state court because the judge improperly considered the Navy's knowledge in applying the sophisticated user doctrine, a California appeals court held Oct. 8 (Kimbra Gottschall...

Mealey's Toxic Tort/Environmental - Business Group: 2nd Circuit 'Must Punish' Fraud On Court In Lago Agrio Litigation

NEW YORK - The U.S. Chamber of Commerce on Oct. 8 filed an amicus brief in the Second Circuit U.S. Court of Appeals contending that it "must punish" the "massive fraud" committed by the attorney who won a $18.5 billion judgment for Ecuadorian nationals against Chevron Corp. related...

Mealey's Toxic Tort/Environmental - Federal Judge Finds No Evidence Of Government's Control Over Asbestos Warnings

NEWARK, N.J. - While the evidence suggests that the government maintained tight control over the design and manufacturing of an aircraft, it does not suggest control over asbestos-related warnings, a New Jersey federal judge held Oct. 9 (Mary Sue Papp, et al. v. Fore-Kast Sales Company Inc., et al.,...

Mealey's Toxic Tort/Environmental - Top Court Rejects Petition Warning Of 'Unlimited' Federal Officer Removal

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 14 declined to review an asbestos case challenging denial of a remand order, leaving in place a ruling plaintiffs warned could result in "unlimited" federal officer removal (Douglas P. Leite and Mary Ann K. Leite v. Crane Co., et al., No. 14...

Mealey's Toxic Tort/Environmental - 11th Circuit Rules Federal Law Does Not Preempt State Statutes Of Repose

ATLANTA - A panel of the 11th Circuit U.S. Court of Appeals on Oct. 14 remanded a case to North Carolina federal court, concluding that federal law does not preempt statutes of repose and determining that North Carolina's statute does not contain an exception for latent diseases (Erica Y. Bryant...

Mealey's Toxic Tort/Environmental - High Court Denies Parishes' Request To Review Ruling Finding Claims Preempted

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 20 denied a petition filed by numerous parishes in Louisiana seeking review of a Fifth Circuit U.S. Court of Appeals ruling affirming the denial of their motion to remand and holding that their claims stemming from the oil spill in the Gulf of Mexico...

Mealey's Toxic Tort/Environmental - Pneumo Abex Urges California Top Court To Reject Take-Home Liability

SACRAMENTO, Calif. - For legal and public policy reasons, California should side with the majority of other states and reject liability for take-home asbestos exposures, Pneumo Abex LLC told the California Supreme Court on Oct. 17 (Johnny Blaine Kesner v. Superior Court of California for the County of...

Mealey's Toxic Tort/Environmental - California Court Affirms Reduced Compensatory Award, $18 Million In Punitives

LOS ANGELES - A divided California appeals court on Oct. 22 affirmed $18 million in punitive damages against Union Carbide Corp. in an asbestos case and said the plaintiffs' expert testimony went beyond the "every exposure" theory (Bobbie Izell and Helen Izell v Union Carbide Corp., et...