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Mealey's Toxic Tort/Environmental - Asbestos Bare-Metal Defense, 'Every Exposure' Testimony Rejected By Judge

MADISON, Wis. - A federal judge on June 3 denied three aircraft manufacturers' motions for judgment on the bare-metal defense, but barred expert testimony that "any exposure" to asbestos could lead to disease (Shirley D. Spychalla v. Boeing Aerospace Operations Inc., et al., No. 11-497...

Mealey's Toxic Tort/Environmental - Appeals Court: EPA Should Reconsider Denial Of Refinery's Extension Request

WASHINGTON, D.C. - A panel of the District of Columbia Circuit U.S. Appeals Court on June 2 ordered the U.S. Environmental Protection Agency to reconsider an oil refinery's request for an extension for exemption of annual standards for the production of renewable fuels, finding that mathematical...

Mealey's Toxic Tort/Environmental - New York Court Affirms Striking Of Taxi Health Care Rules

NEW YORK - An increase in taxi fares to fund health care navigators and disability insurance duplicative of Patient Protection and Affordable Care Act (ACA) benefits is arbitrary and exceeds the governing body's mandate, a New York appeals court ruled June 4, affirming a judge's ruling annulling...

Mealey's Toxic Tort/Environmental - Judge Allows Depositions Of Experts To Proceed In Friction Parts Case

RALEIGH, N.C. - Defendants lack standing to block the depositions of three experts in an asbestos case, and no case or federal procedural deadline bars the plaintiff from discovery intended to impeach the defendants' expert, a federal judge in North Carolina held June 5 (Graham Yates and Becky Yates...

Mealey's Toxic Tort/Environmental - Witnessing Mesothelioma Doesn't Trigger Lejeune Bystander Damages, Judge Says

PHILADELPHIA - Witnessing the onset of mesothelioma is too far removed for the injury in question to warrant bystander damages under Louisiana law, a federal judge in the state ruled June 8. It is the second such ruling in three weeks (Sally Gros Vedros, et al. v. Northrop Grumman Shipbuilding Inc.,...

Mealey's Toxic Tort/Environmental - Judge: Companies Owed Duty Of Care For Chemical Spill; Claim For Lost Taxes Fails

CAMDEN, N.J. - The federal judge in New Jersey presiding over the litigation brought by a school district seeking damages related to a chemical spill caused by the derailment of a train crossing the bridge over Mantua Creek on June 8 partially dismissed some of the claims against the railroad company...

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...