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Mealey's Toxic Tort/Environmental - Judge: Plaintiff Can't Show That Exposure To Third-Party Parts Was Inevitable

CHARLESTON, S.C. - A plaintiff lacks sufficient evidence that a manufacturer incorporated asbestos-containing gaskets into its product in a way that made exposure "inevitable," a federal judge in South Carolina held Jan. 27 (Linda T. Dandridge, et al. v. Crane Co., et al., No. 12-484, D. S...

Mealey's Toxic Tort/Environmental - Louisiana Appeals Panel Says $457,500 Fee Award Proper In Lead-Poisoning Lawsuit

NEW ORLEANS - A Louisiana state appeals panel on Jan. 27 affirmed an attorney fee award of $457,500 in a lead-paint-poisoning lawsuit on grounds that the money had been set aside for fee awards and the attorney in question made it possible for the lead-poisoning plaintiffs to receive their disbursements...

Mealey's Toxic Tort/Environmental - Japanese Court Awards 216M Yen To 27 Workers Exposed To Asbestos

KYOTO, Japan - Nine manufacturers and the government owe 27 individuals 216 million yen for failing to warn about or prevent exposure to asbestos, a Japanese court found Jan. 29, Mealey Publications has learned.

Mealey's Toxic Tort/Environmental - Company Tells Georgia Top Court State Doesn't Recognize Duty To Household Members

ATLANTA - A product manufacturer cannot be liable for the asbestos exposure of household members who never used, worked near or even encountered the products in question, CertainTeed Corp. tells the Georgia Supreme Court in a Feb. 1 brief urging it to reject imposition of such a duty (CertainTeed Corp...

Mealey's Toxic Tort/Environmental - D.C. Circuit Court Grants Joint Motion Over Deadline For CERCLA Financial Rules

WASHINGTON, D.C. - A District of Columbia Circuit Court of Appeals on Jan. 29 granted a joint motion from the U.S. Environmental Protection Agency and six environmental groups for an order that would require the agency to promulgate financial regulations on the hard rock mining industry to ensure that...

Mealey's Toxic Tort/Environmental - Crane Co.: Punitives Claim Upsets Decades Of Asbestos Litigation Precedent

PHILADELPHIA - Plaintiffs are trying to circumvent the decades-long deferral of punitive damages in the federal asbestos multidistrict litigation under which the parties prepared for trial, Crane Co. told a federal judge Feb. 2 (Lynn C. Dobrick, et al. v. Foster Wheeler LLC, et al., No. 10-3202, E.D...

Mealey's Toxic Tort/Environmental - Judge: Interlocutory Appeal Not Warranted In Tainted Groundwater Case

CHARLOTTE, N.C. - A federal judge in North Carolina on Jan. 29 denied a motion filed by Duke Energy Carolinas LLC in which the company sought certification for an interlocutory appeal in a groundwater contamination case, ruling that the company failed to carry its burden of demonstrating that there were...

Mealey's Toxic Tort/Environmental - Boeing Tells 3rd Circuit Military Rejection Of Warnings Not Needed For Removal

PHILADELPHIA - Adherence to government specifications are enough for removal, and a defendant need not show the military rejected asbestos-related warnings, an aircraft manufacturer tells the Third Circuit U.S. Court of Appeals in a Jan. 28 brief (Steven Papp, et al. v. Fore-Kast Sales Company Inc.,...

Mealey's Toxic Tort/Environmental - Class Sues Michigan Officials, Seeks Damages For Flint Lead Drinking Water Crisis

DETROIT - A putative class on Jan. 31 filed a lawsuit in Michigan federal court against state officials who the class contends are liable for damages for acts that "unilaterally" resulted in contaminating the drinking water in Flint, Mich., with lead (Beatrice Boler, et al. v. Darnell Earley...

Mealey's Toxic Tort/Environmental - Judge Finds Inadequate Notice Letter Warrants Dismissal Of Clean Water Act Claim

TUSCALOOSA, Ala. - The failure of a couple to cite the proper statute section in a letter of intent to sue a railway company for violations of the Clean Water Act (CWA) as a result of an oil spill that discharged more than 11,000 barrels of oil onto their property warranted the dismissal of their claims...

Mealey's Toxic Tort/Environmental - Jury Awards $4.1M To Mesothelioma Victim's Widow; Wire Maker 5 Percent Liable

ST LOUIS - A Missouri jury awarded $4.1 million to the widow of man who contracted mesothelioma after asbestos exposure as an electrician, holding the lone remaining defendant 5 percent liable, sources told Mealey Publications Feb. 1 (Jean Urbach v. The Okonite Co., No. 1122-CC-10636, Mo. Cir., St. Louis...

Mealey's Toxic Tort/Environmental - Pennsylvania Top Court To Resolve If Jury Can Decide Product's Dangerousness

HARRISBURG, Pa. - The Pennsylvania Supreme Court on Feb. 1 agreed to decide whether strict-liability failure-to-warn cases permit a jury to determine if the product in question was unreasonably dangerous (Thomas Amato and Jean Amato v. Bell & Gossett, et al., No. 448 EAL 2015, Charlotte Vinciguerra...

Mealey's Toxic Tort/Environmental - Researcher: Flint Water Crisis Due To 'Misconduct;' Official Says Urgency Lacking

WASHINGTON, D.C. - The researcher whose team discovered the lead contamination in the water in Flint, Mich., along with officials from state environmental agencies, on Feb. 3 testified before the House Committee on Oversight and Government Reform about the lead water crisis in Flint, saying that the...

Mealey's Toxic Tort/Environmental - Following Recusal, 11th Circuit Again Votes To Rehear Engle Case

ATLANTA - Less than two weeks after announcing that it would revisit its April holding that strict liability and negligence claims asserted in Engle progeny suits are preempted by federal law, an en banc 11th Circuit U.S. Court of Appeals on Feb. 2 vacated its Jan. 21 rehearing order in light of a recusal...

Mealey's Toxic Tort/Environmental - Class Certification Denied For 2nd Time In E-Cigarette Safety Lawsuit

LOS ANGELES - A California federal judge on Feb. 2 denied an amended motion for class certification filed in in a lawsuit brought by consumers who allege that deceptive advertising by a maker of electronic cigarettes led them to believe that they were safer than smoking traditional cigarettes (In Re...

Mealey's Toxic Tort/Environmental - Senate Committee Hears Testimony On Asbestos Trust Bill

WASHINGTON, D.C. - The U.S. Senate Judiciary Committee on Feb. 3 heard testimony from lawyers, a former judge and the wife a former congressman who died of mesothelioma during hearings on legislation addressing the need for transparency in asbestos trusts.

Mealey's Toxic Tort/Environmental - Group: More Emails Show Michigan Officials Dismissed Concern About Flint Water

BLACKSBURG, Va. - The research team that exposed the dangerous levels of lead in the drinking water in Flint, Mich., on Feb. 4 released more emails obtained from Michigan state officials that indicate that in January 2015, an environmental health inspector for the county in which the city is located...

Mealey's Toxic Tort/Environmental - Plaintiffs Successfully Overturn Asbestos Judgments For 3 Friction Defendants

SAN FRANCISCO - Testimony placing a decedent at a garage during work on asbestos-containing friction products suffices to overcome summary judgment, a California appeals court held Feb. 8 in reversing judgment for three of four defendants (Geraldine Bierner Lepore, et al. v. Kelsey-Hayes Co., et al....

Mealey's Toxic Tort/Environmental - Magistrate Judge Finds Evidence Sufficiently Supports Removal

WILMINGTON, Del. - Two manufacturers' evidence of U.S. Navy control over products supplied to them creates a colorable defense to design defect and failure-to-warn asbestos claims, a federal magistrate judge in Delaware held Feb. 5 (In re: Asbestos Litigation, Edna S. Esser a/k/a Edna Tallman, et...

Mealey's Toxic Tort/Environmental - EPA: Loveland Products To Pay $145,000 For Clean Water Act Violations

LENEXA, Kans. - A regional office of the U.S. Environmental Protection Agency on Feb. 4 announced that Loveland Products Inc. has agreed to a proposed settlement that would require it to pay a $145,000 civil penalty for discharges of storm water into the Brawner Creek that contained excessive levels...

Mealey's Toxic Tort/Environmental - After Reversal By 9th Circuit, Judgment Granted On Substantial Factor Grounds

LOS ANGELES - A plaintiff lacks sufficient evidence of substantial factor causation, a federal judge in California said Feb. 8 in once again granting three companies summary judgment in an asbestos case after the Ninth Circuit U.S. Court of Appeals reversed an earlier ruling (Charles Curtis v. ABB Inc...

Mealey's Toxic Tort/Environmental - North Carolina Fines Duke Energy More Than $6.63M For Coal Ash Contamination

RALEIGH, N.C. - The North Carolina Department of Environmental Quality (DEQ) on Feb. 8 fined Duke Energy Carolinas LLC $6,631,005.41 million for a coal ash spill at the company's power plant on the Dan River (In the matter of: Duke Energy Carolinas LLC, No. DV-2016-0017, NCDEQ, Rockingham Co.).

Mealey's Toxic Tort/Environmental - 2nd Circuit Judge Stays Order Forcing Chemical Injury Plaintiffs To Dismiss Case

NEW YORK - A judge in the Second Circuit U.S. Court of Appeals on Feb. 8 granted an emergency stay of a lower court's order that required a group of plaintiffs to dismiss their chemical injury lawsuit pending in Pennsylvania state court against Anadarko Petroleum Corp. (Tronox Incorporated v. Anadarko...

Mealey's Toxic Tort/Environmental - Judge Grants Government's Motion To Strike Jury Demand In Emissions Suit

ST. LOUIS - A federal judge in Missouri on Feb. 8 granted the federal government's motion to strike a jury demand in a Clean Air Act (CAA) suit against Ameren Missouri, finding that the damages sought by the government were equitable rather than legal (United States of America v. Ameren Missouri...

Mealey's Toxic Tort/Environmental - Contribution Owed To Insurer For Defense Costs, 8th Circuit Panel Affirms

ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on Feb. 9 affirmed a district court's ruling that an insurer is entitled to contribution from a second insurer that is responsible for one-seventh of the defense costs spent in defending the insured in four underlying benzene-related lawsuits ...