LexisNexis® Legal Newsroom
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 ...

Mealey's Toxic Tort/Environmental - Federal Jury Awards $1.08M For Mesothelioma; Crane Co. 30 Percent Liable

PHILADELPHIA - A federal jury in Pennsylvania on Feb. 9 awarded $1,085,000 in a mesothelioma case against Crane Co. and found it 30 percent liable, sources told Mealey's Publications (Lynn C. Dobrick, et al. v. Air & Liquid Systems Corp., et al., No. 10-03202, E.D. Pa.).

Mealey's Toxic Tort/Environmental - U.S. Supreme Court Stays Enforcement Of EPA's Clean Energy Plan

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 9 voted 5-4 in favor of staying the U.S. Environmental Protection Agency's enforcement of the Clean Energy Plan in order for challenges from 30 states to proceed through the District of Columbia Circuit U.S. Court of Appeals (State of Nebraska v....

Mealey's Toxic Tort/Environmental - Proposed Preamble In Tobacco Case Adopted By D.C. Federal Judge

WASHINGTON, D.C. - Efforts by four cigarette manufacturers to revisit the majority of corrective statements for dissemination to the media already endorsed by the District of Columbia Circuit U.S. Court of Appeals were rejected by a District of Columbia federal judge Feb. 8 as "ridiculous"...

Mealey's Toxic Tort/Environmental - Judge: Group Liable To State Of New York For Chemical Cleanup Costs

CENTRAL ISLIP, N.Y. - A federal judge in New York on Feb. 9 ruled that a group of defendants, including the trustees of an estate and two property management companies, is liable to the state for the costs the state incurred in remediating groundwater contamination from numerous chemicals, including...

Mealey's Toxic Tort/Environmental - Groundwater Contamination Case Dismissed For Lack Of Specifics, Judge Says

CHICAGO - A federal judge in Illinois on Feb. 10 dismissed a complaint filed by the City of Evanston, Ill., against two energy companies for allegedly contaminating groundwater by improperly disposing of solid waste, ruling that the city's notice of intent to sue the companies was not specific enough...

Mealey's Toxic Tort/Environmental - Judge: Market-Share Liability Claim Against Talc Suppliers Fails In Asbestos Case

NEW YORK - Potential recovery for asbestos-related injuries from a talcum powder manufacturer precludes a market-share liability claim against talc suppliers, a New York justice held in an opinion posted Feb. 9 (Keri LoGiudice and Joseph LoGiudice v. American Talc Co., et al., No. 190253/2014, N.Y. Sup...

Mealey's Toxic Tort/Environmental - Judge Rejects Office's Attempt To Apply Consultant Corollary Exception To Drafts

WASHINGTON, D.C. - A federal judge in the District of Columbia on Feb. 10 denied the Office of Science and Technology Policy's (OSTP) request to apply the consultant corollary exception of the deliberative process privilege to a five-page draft of a letter that was shared with a Rutgers University...

Mealey's Toxic Tort/Environmental - House Resolution Requiring Notice Of Lead In Drinking Water Passes 416-2

WASHINGTON, D.C. - The U.S. House of Representatives on Feb. 11 passed HR 4470, which amends the Safe Drinking Water Act (SDWA) and requires each owner or operator of a public water system to notify its customers when 10 percent of its customers have water containing lead at amounts greater than 15 parts...