LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - Justice: In Camera Review OK; Disclosure Of Individual Settlements Unnecessary

NEW YORK - In camera review permits an accurate assessment of settlement amounts, and disclosure of abuses in asbestos litigation settlement practices against an unrelated party does not warrant requiring disclosure of confidential settlements, a New York justice held in an opinion posted July 31 (Santo...

Mealey's Toxic Tort/Environmental - Judge: Environmental Group Sufficiently Alleged Injury From Proposed Development

HOUSTON - A federal judge in Texas on Aug. 3 refused to dismiss an environmental group's lawsuit against a developer, finding that the group adequately alleged that it would suffer an injury as a result of increased nitrogen and phosphorus in water that would flow into nearby bayous (Galveston Baykeeper...

Mealey's Toxic Tort/Environmental - Federal Judge Rejects Replacement Expert's 'Every Exposure' Testimony

NEW ORLEANS - Plaintiffs fail to distinguish how an expert's testimony that every exposure above background can cause disease differs from the type of "every exposure" testimony receiving a "largely negative" reception from courts, a federal judge in Louisiana held Aug. 4 (Sally...

Mealey's Toxic Tort/Environmental - Jury Hears Opening Arguments Involving Asbestos Hazards, Product Identification

MIAMI - Parties in a Florida asbestos trial on Aug. 4 sparred over whether a company continued to produce asbestos-containing joint compound despite known risks and how well a man could identify the product in question (Roy Taylor v. Georgia-Pacific LLC and Union Carbide Corp., No. 2014-CA-022141, Fla...

Mealey's Toxic Tort/Environmental - 3rd Circuit: Judge Did Not Err When Denying Request To Modify Agreement

PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on Aug. 7 ruled that a federal judge in New Jersey did not err when denying a motion to modify a consent decree filed by nondebtor defendants in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) lawsuit, finding...

Mealey's Toxic Tort/Environmental - Panel: Man Failed To Show Alleged Injuries Caused By Exposure To Chemicals

WASHINGTON, D.C. - A federal appeals panel on Aug. 6 affirmed a ruling that a former employee of the New York Department of Environmental Conservation (DEC) failed to establish that his alleged injuries were caused by exposure to chemicals while he worked as an environmental investigator (Richard J....

Mealey's Toxic Tort/Environmental - Judge Limits Damages Ship Yard Owner Can Pursue From Steel Site Owner

BALTIMORE - A federal judge in Maryland on Aug. 7 refused to dismiss state law claims brought by the owner of a ship yard against the current owner of a steel site for contamination that is allegedly leaching from the property, ruling that while the claims are not subject to collateral estoppel, the...

Mealey's Toxic Tort/Environmental - Panel: Regulations Proper Regarding Effective Date For Agent Orange Benefits

WASHINGTON, D.C. - A panel in the Federal Circuit U.S. Court of Appeals on Aug. 11 dismissed a petition filed by a group of veterans who had contended that the U.S. Department of Veterans Affairs decision to make regulations pertaining to Agent Orange exposure effective prospectively, rather than assigning...

Mealey's Toxic Tort/Environmental - Plaintiffs Prove Exposure But Lack Causation Evidence, Federal Judge Says

BALTIMORE - Although plaintiffs have adequate evidence of exposure to a defendant's Marinite asbestos panels, they lack evidence that resulting exposure was a substantial factor in a man's mesothelioma, a federal judge in Maryland held Aug. 10 (Charles Dean Haney, et al. v. 3M Co., No. 12-1396...

Mealey's Toxic Tort/Environmental - Court: Longshore Workers' Act Precludes Asbestos Action Against Vessel Owner

LOS ANGELES - Nothing in the record indicates that a vessel owner controlled the area where a man suffered fatal exposure to asbestos or that it had knowledge of the dangers he did not possess, a California appeals court held Aug. 11 in finding the action preempted (Mary Murat, et al. v. Exxon Mobil...

Mealey's Toxic Tort/Environmental - Florida Jury Awards $17 Million For Man's Bystander Exposure To Drywall Compound

MIAMI - A Florida jury on Aug. 13 awarded $17 million to a man who suffered bystander exposure to asbestos in joint compound while supervising painting work in Saudi Arabia, while finding one of the two remaining defendants 55 percent liable, sources told Mealey Publications (Roy Taylor v. Georgia-Pacific...

Mealey's Toxic Tort/Environmental - Judge: Granting Impleader Would Prejudice Woman In Household Asbestos Case

OWENSBORO, Ky. - A woman "gravely ill" with mesothelioma allegedly caused by household asbestos exposure will likely not live to see trial if defendants are allowed impleader, a Kentucky judge held Aug. 12 in denying the request, as well as motion for change of venue (Doris White v. Triangle...

Mealey's Toxic Tort/Environmental - Defendants Tell 5th Circuit Navy Rules, Allegations At Removal Defeat Remand

NEW ORLEANS - Defendants' evidence that the U.S. Navy issued detailed and specific guidance over the design, construction and labeling of products it procured meets the broad standard for removal under the federal officer statute, defendants told the Fifth Circuit U.S. Court of Appeals on Aug. 18...

Mealey's Toxic Tort/Environmental - California Court Largely Affirms Application Of Setoffs To $5M Asbestos Verdict

LOS ANGELES - An asbestos defendant's proposal that liability be used to calculate offsets for pre-verdict settlements "is completely at odds" with state precedent, a California appeals panel held Aug. 20 in also affirming 50-50 split of asbestos settlement proceeds between personal injury...

Mealey's Toxic Tort/Environmental - Judge Rejects Daubert Challenges To 'Every Exposure' Asbestos Testimony

EAST ST. LOUIS, Ill. - A medical doctor's familiarity with different fibers qualifies him to testify as an expert in an asbestos case, and Illinois precedent does not bar him even if he plans to testify that every exposure to asbestos leads to disease, a federal judge in Illinois held Aug. 20 (Charles...

Mealey's Toxic Tort/Environmental - Louisiana Jury Returns Defense Verdict In Asbestos Drilling-Mud Case

NEW ORLEANS - A Louisiana jury on Aug. 20 returned a defense verdict for Union Carbide Corp. and Montello in a case alleging asbestosis caused by asbestos in drilling mud (Dan Freeman v. Phillips 66 Co., et al., No. 2011-7941, La. Dist., Orleans Parish).

Mealey's Toxic Tort/Environmental - Alabama Top Court Rejects Certified Questions In Take-Home Asbestos Case

BIRMINGHAM, Ala. - The Alabama Supreme Court on Aug. 24 rejected certified questions from a federal judge regarding premises owner liability and the proper causation standard in a take-home asbestos exposure case (Melissa Ann Bobo and Sharon Jean Cox, as co-personal representatives of the estate of Barbara...

Mealey's Toxic Tort/Environmental - Court: Immediate Symptoms Of Asbestos Exposure Don't Trigger 'Intentional Tort'

SEATTLE - Allegations of contemporaneous symptoms after asbestos exposure do not trigger the intentional tort exemption to workers' compensation exclusivity because there is no way the employer could have known for certain that the exposure would lead to a man's mesothelioma, a Washington appellate...

Mealey's Toxic Tort/Environmental - Louisiana Court Partially Affirms $2.3M Asbestos Verdict, Upholds Ford's Liability

NEW ORLEANS - A jury properly heard testimony that every asbestos exposure above background can cause disease and found Ford Motor Co. liable for a man's death from mesothelioma, but its verdict against a talc defendant was hopelessly conflicted, a Louisiana appeals court held Aug 20 in partially...

Mealey's Toxic Tort/Environmental - Judge Rejects Expert, Juror Challenges, Affirms Asbestos Defense Verdict

CHICAGO - A judge properly excluded Arthur Frank's trial testimony as a repackaging of his excluded "every exposure" testimony, and an investigation into a juror did not prejudice a jury's finding that tobacco and not asbestos caused a man's lung cancer, a federal judge in Illinois...

Mealey's Toxic Tort/Environmental - 8th Circuit Affirms Ruling Imposing $2.2M Penalty For Clean Water Act Violations

ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on Aug. 27 affirmed a federal judge in Nebraska's ruling ordering Stabl Inc. to pay $2.2 million to the federal government and State of Nebraska after finding that any errors the judge committed when entering his decision were harmless (United...

Mealey's Toxic Tort/Environmental - Warning Letters Issued To 3 Companies Claiming Cigarettes Are Natural Or Additive-Free

WASHINGTON, D.C. - Three tobacco manufacturers whose cigarettes are labeled as being "additive-free" and/or "natural" are in violation of the Federal Food, Drug and Cosmetic (FD&C) Act, the Food and Drug Administration said in warning letters issued Aug. 27 to the three manufacturers...

Mealey's Toxic Tort/Environmental - Judge Finds Workers' Comp Acts As Statute Of Repose, Bars Malpractice Claims

ROCK HILL, S.C. - South Carolina Supreme Court guidance indicates that the workers' compensation statute acts as a statute of repose, eliminating claims forming the basis of a putative class action over the allegedly improperly handling asbestos bankruptcy trust claims, a federal judge affirmed Aug...

Mealey's Toxic Tort/Environmental - Judge: Evidence Of Exposure To Asbestos On Blowers Overcomes Summary Judgment

EAST ST. LOUIS, Ill. - Evidence that a man worked with a company's asbestos-insulated product aboard a ship overcomes summary judgment, even where the insulation may have originated with a third party, a federal judge held Aug. 27 in also rejecting a challenge to the timeliness of the action (Charles...

Mealey's Toxic Tort/Environmental - Judge: Evidence Of Exposure, Need To Warn Sufficient Against Asbestos Defendants

EAST ST. LOUIS, Ill. - Evidence of work with and the presence of asbestos on two defendants' products and the state-of-the-art knowledge at the time warrants denying summary judgment, a federal judge in Illinois held Aug. 28 (Charles Neureuther v. Atlas Copco Compressors LLC, et al., No. 13-1327...