LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - Judge Denies Judgment To Chevron In MTBE-Tainted Water Case In Puerto Rico

NEW YORK - The federal judge in New York presiding over litigation regarding groundwater allegedly contaminated by the gasoline additive methyl tertiary butyl ether (MTBE) on March 16 denied an oil company's motion for summary judgment on grounds that the area, which is known to be contaminated,...

Mealey's Toxic Tort/Environmental - Wisconsin Court Hands Asbestos Plaintiff Mixed Bag In Evidence Exclusion Appeal

MILWAUKEE - A judge properly excluded layperson co-worker testimony regarding asbestos content, evidence of a defendant's duty and an Occupational Safety and Health Administration investigation into a workplace, a Wisconsin court held March 17 while reversing some aspects of the order (June Calewarts...

Mealey's Toxic Tort/Environmental - Judge: Class Fails To Show Exxon Had Implied Duty; Pipeline Case Dismissed

LITTLE ROCK, Ark. - The federal judge in Arkansas presiding over litigation filed by a class of residents who allege injuries related to easements for Exxon Mobil Corp.'s Pegasus Pipeline on March 17 dismissed the lawsuit, ruling that the plaintiffs' implied duty arguments are "misplaced"...

Mealey's Toxic Tort/Environmental - West Virginia Governor Signs Bankruptcy Trust Transparency Legislation

CHARLESTON, W.Va. - West Virginia Gov. Earl Ray Tomblin on March 18 signed legislation that proponents hope encourages transparency in asbestos bankruptcy trust filings.

Mealey's Toxic Tort/Environmental - New York Court Reverses Decision For Tenants, Dismisses Water Damage Claims

BROOKLYN, N.Y. - After finding that tenants failed to show that their building's cooperative refused to fix water and mold problems in their apartments because of their religion, a New York appeals court on March 18 reversed a decision that denied the cooperative's motions to dismiss (Lior Cohen...

Mealey's Toxic Tort/Environmental - Appeals Panel Affirms; Lead Content Of Food Is Below Levels Allowed In California

SAN FRANCISCO - A California appeals panel on March 17 affirmed a trial court ruling that a food manufacturer had no duty to warn consumers of lead content in its food because it had "satisfactorily demonstrated" that the average anticipated rate of exposure to the toxin fell below regulatory...

Mealey's Toxic Tort/Environmental - N.Y. Justice Rejects Challenge To Opinion Overturning $3.5M Asbestos Verdict

NEW YORK - A widow presents no evidence that a premises owner itself required asbestos-containing products, or that it controlled the work in a way sufficient for liability under New York employment law, a state judge held in denying leave to renew or reargue on March 17 (Phyllis Brown, et al. v. A.O...

Mealey's Toxic Tort/Environmental - Court: Formal Diagnosis Starts Clock On Asbestos Wrongful Death Action

HARRISBURG, Pa. - The diagnosis of an asbestos-related injury and not the individual's death triggers the two-year statute of limitations for asbestos wrongful death claims after the Pennsylvania Supreme Court struck down the previous governing law, a state appeals court held March 19 (Elizabeth...

Mealey's Toxic Tort/Environmental - Federal Judge Finds Sufficient Evidence Pump Makers Supplied Replacement Parts

EDWARDSVILLE, Ill. - Sufficient evidence exists that two pump makers who supplied the U.S. Navy also supplied it with replacement parts a man worked with in enclosed spaces, a federal judge in Illinois held March 18 in an asbestos exposure case (William Hasenberg Jr. and Linda Hasenberg v. Asbestos Corp...

Mealey's Toxic Tort/Environmental - Lago Agrio Plaintiffs: 2nd Circuit Should Consider Documents In Parallel Case

NEW YORK - The attorney representing a group of Ecuadorian residents who won an $18.5 billion judgment against Chevron Corp. for personal injuries caused by the company's oil operations in the Lago Agrio region of Ecuador on March 19 filed a brief in federal appeals court in New York, arguing that...

Mealey's Toxic Tort/Environmental - Justice: Tile Maker Can't Escape Asbestos Case With 'Barebones' Affidavit

NEW YORK - A "barebones" affidavit conceding that a defendant manufactured asbestos-containing tile creates questions of genuine fact and does not meet the defendant's prima facie burden, a New York justice held in an opinion posted March 17 (John F. Storey and Candace Storey v. A.O. Smith...

Mealey's Toxic Tort/Environmental - Groundwater Contamination Defendants Remove Case To Louisiana Federal Court

NEW ORLEANS - Chemical company Chevron USA Inc. on March 20 removed to Louisiana federal court a groundwater contamination case, contending that under federal law the case alleging groundwater contamination could not stay in state court (Joseph Robertson, et al. v. Chevron USA Inc., et al., No. 15-00874...

Mealey's Toxic Tort/Environmental - New York State Jury Returns $4M Asbestos Verdict Against Parts Distributor

UTICA, N.Y. - An Oneida County, N.Y., jury on March 18 returned a $4 million verdict against a parts distributor in an asbestos case, finding Pacemaker Steel & Piping Co. 30 percent liable for its predecessor's conduct, sources told Mealey Publications (Nicholas Dominick and Lorraine J. Dominick...

Mealey's Toxic Tort/Environmental - Judge Refuses To Grant Judgment For City On Employee's FMLA Claim

SACRAMENTO, Calif. - A California federal judge on March 20 refused to dismiss a former employee's claims for violation of the Family Medical Leave Act (FMLA), finding that she provided sufficient evidence to show that her husband suffered a serious health issue allegedly caused by mold and that...

Mealey's Toxic Tort/Environmental - Freedom Industries Pleads Guilty For Chemical Spill; Sentencing Scheduled

CHARLESTON, W.Va. - Freedom Industries Inc. on March 23 pleaded guilty to three crimes against the environment for its role in a chemical spill in which 10,000 gallons of 4-methylcyclohexanemethanol (MCHM) were dumped into the Elk River in January 2014, according to press release issued by the U.S. Department...

Mealey's Toxic Tort/Environmental - Judge: Clean Air Act Does Not Preempt Former Mail Carrier's Emissions Suit

BIRMINGHAM, Ala. - An Alabama federal judge on March 23 remanded a lawsuit brought by a former mail carrier who was diagnosed with acute myelogenous leukemia against the owner and operator of two coke ovens that allegedly emitted toxic chemicals into the air to state court after finding that the plaintiff's...

Mealey's Toxic Tort/Environmental - Judge: Tenant Failed To Show Landlord Had Notice Of Lead-Based Paint Hazard

BROOKLYN, N.Y. - A federal judge in New York on March 23 ruled that a mother could not establish that her former landlord was on notice of lead-paint hazard in the apartment she rented and, therefore, he was not liable under federal law (Niki Hernandez-Adams v. Mark Kimpson, No. 13-5059, E.D. N.Y.; 2015...

Mealey's Toxic Tort/Environmental - Groundwater Contamination Defendant Sues Third Parties, Seeks Equitable Indemnity

LOS ANGELES - A defendant in a lawsuit brought against multiple companies alleging soil and groundwater contamination on March 20 filed an amended third-party complaint in California federal court contending that it should be indemnified for any liability it may face in the original lawsuit because any...

Mealey's Toxic Tort/Environmental - Duke Energy Will Appeal $25.1M Penalty For Coal Ash Groundwater Contamination

CHARLOTTE, N.C. - Duke Energy Corp., which was fined $25,116,883.61 by the North Carolina Department of Environment and Natural Resources (DENR) for groundwater contamination resulting from its operation of a coal-generating plant, on March 24 issued a press release saying that it would appeal the penalty...

Mealey's Toxic Tort/Environmental - 6th Circuit Overrules Cement Company's Challenges Over Emissions Controls

CINCINNATI - A Canada-based concrete manufacturing company's challenges to a U.S. Environmental Protection Agency decision requiring the company to install best available retrofit technology (BART) to a Michigan plant were rejected by a Sixth Circuit U.S. Court of Appeals panel on March 24 after...

Mealey's Toxic Tort/Environmental - Magistrate Orders DuPont To Produce Discovery Documents In C8 Groundwater Case

COLUMBUS, Ohio - An Ohio federal magistrate judge presiding over a water company's lawsuit against E.I. du Pont de Nemours & Co. for the costs associated with remediating drinking water that was contaminated with perfluorooctanoic acid (known as C8) and other perfluorinated compounds (PFCs),...

Mealey's Toxic Tort/Environmental - Judge Stays Family's Case Pending Arbitration Of Moldy Bed Allegations

JACKSONVILLE, Fla. - After finding that lease agreements applied to the rental of bunk beds that allegedly contained bed bugs and black mold, a Florida federal judge on March 23 granted a rental corporation's motion to stay a case pending arbitration (Andre Teel, et al. v. Aaron's Inc., No. 3...

Mealey's Toxic Tort/Environmental - Judge: Health Department Is Already Prosecuting Company Over Emissions

PITTSBURGH - An environmental group's lawsuit complaining that emissions from Shenango Inc.'s coke operations in Allegheny County, Pa., are violating the Clean Air Act (CAA) was dismissed by a federal judge in Pennsylvania on March 26; she ruled that the Allegheny County Health Department (ACHD...

Mealey's Toxic Tort/Environmental - Judge Orders Plaintiffs In Clean Water Act Suit To Pay $111,784 In Fees

PROVIDENCE, R.I. - Plaintiffs who were unsuccessful in their suit accusing the owners of an automobile scrap yard of violating the Clean Water Act (CWA) by discharging hazardous substances in public waters were ordered by a federal judge in Rhode Island on March 26 to pay $111,784.50 in attorney fees...

Mealey's Toxic Tort/Environmental - Federal Judge Refuses To Exclude Expert Testimony On Mold Exposure

INDIANAPOLIS - After finding that consumers who allege that a defective washing machine caused flooding and mold that made them ill did not disclose their experts in bad faith, an Indiana federal judge on March 26 denied a motion by the maker of the machine to exclude their experts' testimony (Matthew...