LexisNexis® Legal Newsroom
Sophisticated Purchaser Defense Requires Affirmative Steps, Judge Says

HONOLULU - The sophisticated user doctrine applies in both negligence and strict liability contexts under maritime law, but a manufacturer does not prevail because it cannot show that it considered whether the U.S. Navy would provide the necessary warnings about the hazards of asbestos, a Hawaii federal...

Florida Appeals Court: Engle Opt Out Does Not Enjoy Class Tolling

TALLAHASSEE, Fla. - An estate whose representative opted out of Engle v. Liggett Group Inc. (945 So. 2d 1246 [Fla. 2006]) and failed to file her wrongful death lawsuit within the statute of limitations may not take advantage of claim tolling offered by class membership, Florida's First District Court...

Florida Appeals Court Affirms Dismissal Of Engle Opt Out

TALLAHASSEE, Fla. - An estate whose representative opted out of Engle v. Liggett Group Inc. (945 So. 2d 1246 $(Fla. 2006$)) and failed to file a wrongful death lawsuit within the statute of limitations may not take advantage of claim tolling offered by class membership, the First District Florida Court...

Motions To Dismiss Claims Against Coal, Gas, Electricity Defendants Granted In Part

MUSKOGEE, Okla. - Defense motions to dismiss a first amended class action complaint filed in the U.S. District Court for Eastern District of Oklahoma alleging air, soil and water contamination from the disposal of oil and natural gas well completion waste and coal combustion waste were dismissed in part...

New York Justice Bars Asbestos Expert From Testifying On Talc Contamination

NEW YORK - A plaintiffs' expert modified a widely accepted testing criteria before concluding that a defendant's talc contained asbestos, a New York justice held Jan. 9 in precluding James Millette's testimony under Frye (Lawrence Bernard and Marilyn Bernard, et al. v. Brookfield Properties...

Divided 5th Circuit Panel Affirms Approval Of Gulf Oil Spill Settlement

NEW ORLEANS - A 2-1 panel of the Fifth Circuit U.S. Court of Appeals on Jan. 10 affirmed a decision by the federal judge in Louisiana overseeing claims stemming from the explosion of the Deepwater Horizon oil rig and ensuing oil spill in the Gulf of Mexico to approve a $9.2 billion settlement agreement...

Judge: EPA Need Not Produce Records For In Camera Review

DENVER - A federal judge in Colorado on Jan. 8 granted in part an environmental group's motion for summary judgment in a Freedom of Information Act (FOIA) case against the U.S. Environmental Protection Agency, finding that some information withheld by the agency was not protected by the work product...

West Virginia Class Action Alleges Business Losses, Personal Injuries For 300,000

CHARLESTON, W.Va. - The owners of two Charleston-area restaurants, along with a resident, filed a class action suit on Jan. 11 in the U.S. District Court for the Southern District of West Virginia to represent some 300,000 customers of a Charleston water utility who were placed under a declaration of...

9th Circuit Finds Judge Failed To Properly Vet Asbestos Experts, Testimony

SEATTLE - A Washington federal judge impermissibly delegated his role as gatekeeper under Daubert v. Merrell Dow Pharm., Inc. (509 U.S. 579 $(1993$)) to the jury when he admitted two experts and "each and every" exposure testimony in an asbestos case that produced a $10.2 million verdict, a...

Rhode Island Judge Allows Replacement Naval Expert's Trial Testimony

PROVIDENCE, R.I. - An asbestos plaintiff's quick disclosure of a replacement naval expert and the long time before trial warrants allowing the expert's trial testimony, a Rhode Island judge held Jan. 15 (Rosie K. Sweredoski, et al. v. Alfa Laval Inc., et al., No. 2011-1544, R.I. Super., Providence...

Class Certification Vacated For Residents Near Refinery Leak

CHICAGO - Certification of a class of southern Illinois residents who claim that the value of their properties was affected by an underground plume from the leak of benzene-contaminated petroleum products from a nearby refinery was vacated Jan. 17 by the Seventh Circuit U.S. Court of Appeals, which said...

Mealey's Toxic Tort/Environmental - In Water Rights Case, Justice Breyer Asks States: 'Can You Work This Out?'

WASHINGTON, D.C. - Listening to arguments by Kansas about Nebraska's violation of a 2006 Republican River water rights settlement, U.S. Supreme Court Justice Stephen G. Breyer on Oct. 14 asked Nebraska's lawyer: "Is there any chance that you all could work this out?" (State of Kansas...