LexisNexis® Mealey's™ Benzene Legal News http://www.lexisnexis.com/mealeys/news.aspx Headline Benzene Legal News from LexisNexis® en-us LexisNexis® Headline Benzene Legal News http://www.lexisnexis.com/mealeys/images/lexismealeyslogo.gif 130 29 http://www.lexisnexis.com/mealeys/news.aspx Copyright 2012 http://www.mealeysonline.com/mealey/ppv/articleSearch.do?searchTerm=%22%206-12 Mealeys Benzene Rep. 1%20(2012)%20%22&pageLimit=10&pageNumber=0&publication=All+Mealey+Publications%3BMEALEY%3BMEALEY&relativeDateValue=NONE&fromDate=&toDate=&loc=mealeysrss Appellate Court Reverses Denial Of Compensation To Coke Worker's Widow Full story on lexis.com]]> http://www.mealeysonline.com/mealey/ppv/articleSearch.do?searchTerm=%22%206-12 Mealeys Benzene Rep. 2%20(2012)%20%22&pageLimit=10&pageNumber=0&publication=All+Mealey+Publications%3BMEALEY%3BMEALEY&relativeDateValue=NONE&fromDate=&toDate=&loc=mealeysrss Judge Dismisses Insurer From Benzene Wrongful Death Suit Full story on lexis.com]]> http://www.mealeysonline.com/mealey/ppv/articleSearch.do?searchTerm=%22%206-12 Mealeys Benzene Rep. 3%20(2012)%20%22&pageLimit=10&pageNumber=0&publication=All+Mealey+Publications%3BMEALEY%3BMEALEY&relativeDateValue=NONE&fromDate=&toDate=&loc=mealeysrss Paint Company Defendant Says Plaintiffs Plead No Specific Facts Against It Full story on lexis.com]]> http://www.mealeysonline.com/mealey/ppv/articleSearch.do?searchTerm=%22%206-12 Mealeys Benzene Rep. 4%20(2012)%20%22&pageLimit=10&pageNumber=0&publication=All+Mealey+Publications%3BMEALEY%3BMEALEY&relativeDateValue=NONE&fromDate=&toDate=&loc=mealeysrss Denial Of Benefits In Agent Orange Case Is Vacated, Remanded Full story on lexis.com]]> http://www.mealeysonline.com/mealey/ppv/articleSearch.do?searchTerm=%22%206-12 Mealeys Benzene Rep. 5%20(2012)%20%22&pageLimit=10&pageNumber=0&publication=All+Mealey+Publications%3BMEALEY%3BMEALEY&relativeDateValue=NONE&fromDate=&toDate=&loc=mealeysrss Defense Will Question Key Plaintiff Witness 1st In Depositions Full story on lexis.com]]> http://www.mealeysonline.com/mealey/ppv/articleSearch.do?searchTerm=%22%206-12 Mealeys Benzene Rep. 6%20(2012)%20%22&pageLimit=10&pageNumber=0&publication=All+Mealey+Publications%3BMEALEY%3BMEALEY&relativeDateValue=NONE&fromDate=&toDate=&loc=mealeysrss Georgia Federal Judge Rules Statute Of Repose Applies To Marine Base Injury Claims Full story on lexis.com]]> http://www.mealeysonline.com/mealey/ppv/articleSearch.do?searchTerm=%22%206-12 Mealeys Benzene Rep. 7%20(2012)%20%22&pageLimit=10&pageNumber=0&publication=All+Mealey+Publications%3BMEALEY%3BMEALEY&relativeDateValue=NONE&fromDate=&toDate=&loc=mealeysrss Federal Judge Reinstates $2.5M Award For Cleanup, Adds Future Costs Full story on lexis.com]]> http://www.mealeysonline.com/mealey/ppv/articleSearch.do?searchTerm=%22%206-12 Mealeys Benzene Rep. 8%20(2012)%20%22&pageLimit=10&pageNumber=0&publication=All+Mealey+Publications%3BMEALEY%3BMEALEY&relativeDateValue=NONE&fromDate=&toDate=&loc=mealeysrss Judge Says Plaintiffs Misunderstand Reason For Dismissal Of Claim Full story on lexis.com]]> http://www.mealeysonline.com/mealey/ppv/articleSearch.do?searchTerm=%22%206-12 Mealeys Benzene Rep. 9%20(2012)%20%22&pageLimit=10&pageNumber=0&publication=All+Mealey+Publications%3BMEALEY%3BMEALEY&relativeDateValue=NONE&fromDate=&toDate=&loc=mealeysrss Shell Removes Lawsuit In Which Village Complained Of Alleged Benzene Leaks Full story on lexis.com]]> http://www.mealeysonline.com/mealey/ppv/articleSearch.do?searchTerm=%22%206-12 Mealeys Benzene Rep. 10%20(2012)%20%22&pageLimit=10&pageNumber=0&publication=All+Mealey+Publications%3BMEALEY%3BMEALEY&relativeDateValue=NONE&fromDate=&toDate=&loc=mealeysrss Road Salt Manufacturer Sues For Libel Over Claim Product Contains Benzene Full story on lexis.com]]> http://www.mealeysonline.com/mealey/ppv/articleSearch.do?searchTerm=%22%206-12 Mealeys Benzene Rep. 11%20(2012)%20%22&pageLimit=10&pageNumber=0&publication=All+Mealey+Publications%3BMEALEY%3BMEALEY&relativeDateValue=NONE&fromDate=&toDate=&loc=mealeysrss Judge Awards Costs To Both Parties In Contamination Suit Full story on lexis.com]]> http://www.mealeysonline.com/mealey/ppv/articleSearch.do?searchTerm=%22%206-12 Mealeys Benzene Rep. 12%20(2012)%20%22&pageLimit=10&pageNumber=0&publication=All+Mealey+Publications%3BMEALEY%3BMEALEY&relativeDateValue=NONE&fromDate=&toDate=&loc=mealeysrss Federal Government Says Intent Not Required For Violation Of Bird Act Full story on lexis.com]]> http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-11%20Mealey%27s%20Benzene%20Rep.%201%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Judge: 'No-Threshold' Exposure Theory Is Not Scientifically Reliable MILWAUKEE - A Wisconsin federal judge has dismissed claims by a widow who alleged that her late husband's death from acute myeloid leukemia (AML) was brought on by benzene in the paints he used at work, saying in a March 20 opinion that the plaintiff's "no-threshold" theory of exposure was insufficiently reliable to allow before a jury (Joanne Evelyn Schultz v. The Glidden Company, et al., No. 08-C-919, E.D. Wis.; 2012 U.S. Dist. LEXIS 38163). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-11%20Mealey%27s%20Benzene%20Rep.%202%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Benzene Injury Predating Marriage May Not Support Loss-Of-Consortium Claim NEW ORLEANS - A Louisiana federal judge on April 3 granted partial summary judgment against the wife of a painter asserting long-latency injuries for benzene exposure, saying loss-of-consortium claims may not be asserted when the underlying injury existed before the relationship (Craig Moore, et al. BASF Corporation, et al., No. 11-1001 E.D. La.; 2012 U.S. Dist. LEXIS 46748; See December 2011, Page 5). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-11%20Mealey%27s%20Benzene%20Rep.%203%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Claims Dismissed Over Peremption In Earlier Louisiana Statute NEW ORLEANS - A Louisiana federal judge overturned his previous decision that oil company executives could be held liable for a worker's pre-1976 benzene exposure, saying in an April 12 opinion that the law in effect at the time had an absolute one-year preemption period (Lois Frank v. Shell Oil Company, No. 11-871, E.D. La.; 2012 U.S. Dist. LEXIS 51316; See December 2012, Page 6). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-11%20Mealey%27s%20Benzene%20Rep.%204%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Unanimous Missouri Panel Affirms Occupational Disease, Disability Benefits Award SPRINGFIELD, Mo. - A unanimous Second Division Missouri Court of Appeals, Southern District, panel on March 21 affirmed an award of permanent disability workers' compensation benefits and $752,000 in medical expenses reimbursement for occupational exposure to chemicals, including benzene, at a Joplin, Mo., refinery (Howard Moreland v. Eagle Picher Technologies, No. 31692, Mo. App., Southern Dist., 2nd Div.; 2012 Mo. App. LEXIS 396). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-11%20Mealey%27s%20Benzene%20Rep.%205%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Plaintiff Says Chevron Sanctions Motion Is Moot, Claims Company Stalls Discovery NEW ORLEANS - A motion for discovery sanctions filed by Chevron USA Inc. is moot, a former tank cleaner who alleges that his exposure to benzene caused terminal multiple myeloma says in a March 20 response, and it is the company that is abusing the discovery process to create delay and drive up costs (Bryan Morin, et al. v. Chevron U.S.A. Inc., et al., No. 2:11-cv-45, E.D. La.; See March 2012, Page 6). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-11%20Mealey%27s%20Benzene%20Rep.%206%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Widow's Suit Transferred; Judge Says Venue Has No Connection To Claims NEW ORLEANS - A Louisiana federal judge has transferred venue of claims by a pipe fitter's widow who alleges that her husband died of multiple myeloma brought on by exposure to benzene at a Dow Chemical Co. plant, saying in an April 13 opinion that the plaintiff's choice of venue was entitled to reduced deference because it was neither her residence nor the locus of the alleged injury (Betty Ventress v. Radiator Specialty Company, et al., No. 2:11-cv-1419, E.D. La.; 2012 U.S. Dist. LEXIS 52099; See March 2012, Page 7). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-11%20Mealey%27s%20Benzene%20Rep.%207%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Judge Bars Expert But Allows Negligence And Nuisance Claims NEW YORK - A New York federal judge barred a Scarsdale, N.Y., couple's expert who would have testified about property value diminution due to a nearby oil leak that allegedly contaminated their property with benzene and other hydrocarbons but, in a March 9 opinion, allowed the plaintiffs' claims, including negligent infliction of emotional distress and private nuisance, to proceed to trial (Robert J. Hanna and Thrya K. Hanna v. Motiva Enterprises LLC, et al., No. 7:09-cv-1150-VB, S.D. N.Y.; 2012 U.S. Dist. LEXIS 36807). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-11%20Mealey%27s%20Benzene%20Rep.%208%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Judge Rules For Church That Was Evacuated By Underground Gasoline Leak MILWAUKEE - A Wisconsin federal judge has granted partial summary judgment to a church whose basement school was contaminated by gasoline containing benzene, saying in a March 29 opinion that the availability of adequate remedies at law is not relevant to an injunction under the federal Resource Conservation and Recovery Act (RCRA) (Grace Christian Fellowship v. KJG Investments Inc., et al., No.2: 07-cv-348, E.D. Wis.; 2012 U.S. Dist. LEXIS 43421). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-11%20Mealey%27s%20Benzene%20Rep.%209%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Michigan Plaintiffs Detail Alleged Dangers Of Tar Sands Pipelines GRAND RAPIDS, Mich. - Plaintiffs suing Enbridge Inc. over a ruptured pipeline that spilled tar sands oil, including benzene, into the Kalamazoo River filed a first amended complaint March 29 detailing the alleged risks of using pipelines to transport the product (Precious Holder, et al. v. Enbridge Inc., et al., No. 1:10-cv-752, W.D. Mich., Southern Div.; See February 2012, Page 5). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-11%20Mealey%27s%20Benzene%20Rep.%2010%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Neighbors Of BP Refinery File Class Action Suit Over 2010 Releases Of Benzene GALVESTON, Texas - Saying BP Products North America Inc.'s Texas City, Texas, oil refinery spewed contaminants, including benzene, into the atmosphere for 40 days in 2010, nearby residents and workers filed a putative class action complaint on April 4 (Imranali Badarpura, et al. v. BP Products North America Inc., No. 3:12-cv-112, S.D. Texas, Galveston Div.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-11%20Mealey%27s%20Benzene%20Rep.%2011%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Roxana, Ill., Residents File Suit In Wake Of Their Town's Action EDWARDSVILLE, Ill. - In the wake of a lawsuit brought by their village, residents of Roxana, Ill., have filed a class action lawsuit against several oil refining companies in state court, saying in an April 16 complaint that the Wood River Oil Refinery has contaminated the village's land, air and water with benzene and other cancer-causing hydrocarbons (Jeane Parko, et al. v. Shell Oil Company, et al., No. 2012 L 483, Ill. Cir., 3rd Judicial Dist., Madison Co.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-11%20Mealey%27s%20Benzene%20Rep.%2012%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank African Plaintiffs Seek Dismissal, Citing Supreme Court Action DETROIT - A Nigerian king seeks voluntary dismissal of his Michigan federal court lawsuit alleging widespread contamination by Royal Dutch Shell's drilling and refining operations in that country, saying in a March 27 brief that the U.S. Supreme Court's decision to order rebriefing in another case involving the Alien Tort Statute could delay his case significantly (His Royal Highness Emere Godwin Bebe Okpabi, et al. v. Royal Dutch Shell PLC, et al., No. 11-14572, E.D. Mich., Southern Div.; See March 2012, Page 11). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-11%20Mealey%27s%20Benzene%20Rep.%2013%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank United States Challenges Reason Cited To Order Statute Of Repose Hearing ATLANTA - The United States does not oppose a motion by the plaintiffs for oral argument on the application of the North Carolina statute of repose in the Marine Corps Base Camp Lejeune, N.C., litigation for alleged exposure to solvents and benzene in public water at the camp but avers in an April 16 response that the reason cited for the hearing is without merit (In re: Camp Lejeune, N.C., Water Contamination Litigation, No. 11-2218, MDL 2218, N.D. Ga.; SeeMarch 2012, Page 13). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-10%20Mealey%27s%20Benzene%20Rep.%201%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Judge Refuses To Break Settlement Over Later Benzene Discovery ALEXANDRIA, La. - Plaintiffs are bound to a settlement they reached with a natural gas pipeline company even though they did not know of the presence of benzene in the leak when they settled their claims, a Louisiana federal judge said March 7, adding that the plaintiffs could have discovered the information using Google (Cynthia Elliott Ayers, et al. v. ANR Pipeline Company, et al., No. 10-925, W.D. La., Alexandria Div.; 2012 U.S. Dist. LEXIS 30634). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-10%20Mealey%27s%20Benzene%20Rep.%202%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Phone Company Says Plaintiffs Can't Show Breach Of Contract ST. LOUIS - Plaintiffs who claim that a leaking pipeline in Missouri resulted in groundwater contamination on their properties cannot show breach of contract, defendant WilTell Communications LLC says in a March 2 motion in Missouri federal court, because the company found no hazardous materials while installing fiber-optic communications cable in an old Arco Midcon LLC pipeline that would trigger contractual language (Glenn A. Henke, et al. v. Arco Midcon LLC, et al., No. 10-cv-00086, E.D. Mo.; See April 2011, Page 8). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-10%20Mealey%27s%20Benzene%20Rep.%203%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Federal Magistrate Judge Rules Undisclosed Settlement Justified Removal LAKE CHARLES, La. - A Louisiana federal magistrate judge on March 2 denied remand to a man who says he developed chronic lymphocytic leukemia (CLL) from exposure to benzene and other hazardous chemicals, saying that when the defendants removed his case, he had settled with nondiverse defendants but had failed to dismiss claims against them in state court (Johnny Harlan Hargrove v. Bridgestone/Firestone North American Tire, LLC, et al., No. 2:10-cv-00318, W.D. La.; See December 2010, Page 8). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-10%20Mealey%27s%20Benzene%20Rep.%204%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Plaintiff Should Be Sanctioned For His Sanctions Motion, Chevron Says In Response NEW ORLEANS - A motion for discovery sanctions filed by a former tank cleaner who alleges that his exposure to benzene caused terminal multiple myeloma was frivolous, Chevron U.S.A. Inc. says in a Feb. 17 response in Louisiana federal court, and the plaintiff should be sanctioned for filing it (Bryan Morin, et al. v. Chevron U.S.A. Inc., et al., No. 2:11-cv-45, E.D. La.; See February 2012, Pages 7 and 8). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-10%20Mealey%27s%20Benzene%20Rep.%205%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Defendant Says Claims All Originated In Another Federal District NEW ORLEANS - A defendant to claims by the widow of a pipe fitter who alleges he died of multiple myeloma brought on by exposure to benzene at a Dow Chemical Co. plant filed a motion in Louisiana federal court March 8 to transfer venue (Betty Ventress v. Radiator Specialty Company, et al., No. 2:11-cv-1419, E.D. La.; See December 2011, Page 7). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-10%20Mealey%27s%20Benzene%20Rep.%206%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank U.S. Steel Says Plaintiff Could Not Have Been Exposed To Its Benzene BOSTON - The claims of a former refrigeration technician that benzene exposure caused acute promyelocytic leukemia (APL) should be dismissed, U.S. Steel Corp. says in a Feb. 28 brief in federal court in Massachusetts, because the undisputed facts show that the plaintiff could not have been exposed to its benzene-containing raffinate (Brian K. Milward, et al. v. Acuity Specialty Products, et al., No. 07-cv-11944, D. Mass.; See January 2012, Page 7). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-10%20Mealey%27s%20Benzene%20Rep.%207%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Colorado Jury Awards $1 To Plaintiffs Claiming Benzene Contamination DENVER - A Colorado federal jury on March 6 awarded $1 on a claim of trespass to plaintiffs who sued an environmental company for allegedly aggravating existing benzene contamination by drilling test wells and opening valves on above-ground gasoline storage tanks (ASTs) (Colorado Trust for Protection & Benefits, Raymond McCarty and Sandra McCarty v. Souder, Miller & Associates, No. 1:10-cv-208, D. Colo.; See February 2012, Page 11). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-10%20Mealey%27s%20Benzene%20Rep.%208%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Compensatory Damages Affirmed, Punitive Damages Denied By Louisiana Supreme Court NEW ORLEANS - A divided Louisiana Supreme Court applied a choice-of-law analysis in an opinion issued March 13 to conclude that a trial court erred when it imposed punitive damages on the owner and operator of a chemical refinery but affirmed the award of compensatory damages for personal injuries related to a June 2006 spill of 21 million gallons of water and slop oil (Craig Steven Arabie, et al. v. CITGO Petroleum Corp., et al., No. 10-2605, La. Sup.; 2012 La. LEXIS 499; 2012 La. LEXIS 502; 2012 La. LEXIS 503; See November 2010, Page 5). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-10%20Mealey%27s%20Benzene%20Rep.%209%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Shell Oil Opposes Nigerian King's Motion To Amend Complaint DETROIT - Royal Dutch Shell opposes a Nigerian king's motion to amend his complaint alleging widespread contamination by drilling and refining operations in that country, saying in a March 1 brief in Michigan federal court that the plaintiffs' amended complaint was in lieu of a response to Shell's motion to dismiss and raises no new jurisdictional issues (His Royal Highness Emere Godwin Bebe Okpabi, et al. v. Royal Dutch Shell PLC, et al., No. 11-14572, E.D. Mich., Southern Div.; See January 2012, Page 12). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-10%20Mealey%27s%20Benzene%20Rep.%2010%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Illinois Village Sues Shell, Other Oil Companies Over Alleged Benzene Leaks EDWARDSVILLE, Ill. - An Illinois village of 1,500 people has sued several oil refining companies in state court, saying in a March 20 complaint that the Wood River Oil Refinery has contaminated the village's land, air and water with benzene and other cancer-causing hydrocarbons (Village of Roxana v. Shell Oil Co., et al., No. 2012 L 357, Ill. Cir., Madison Co.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-10%20Mealey%27s%20Benzene%20Rep.%2011%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Camp Lejeune Plaintiffs Seek Application Of Prior Orders To Statute Of Repose Motion ATLANTA - The plaintiffs in the Marine Corps Base Camp Lejeune, N.C., litigation for alleged exposure to solvents and benzene in public water at the camp aver in a brief filed March 2 that the defense motion in the U.S. District Court for the Northern District of Georgia on the preemptive effect of the North Carolina statute to their injury claims should be rejected as it has been twice before (In re: Camp Lejeune, N.C., Water Contamination Litigation, No. 11-2218, MDL 2218, N.D. Ga.; See February 2012, Page 10). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-10%20Mealey%27s%20Benzene%20Rep.%2012%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Marine Wife Alleges Injuries From 'Poisoned Water' At Lejeune In Kentucky Suit COVINGTON, Ky. - The wife of a Marine stationed at Camp Lejeune, N.C., in the 1960s filed a personal injury complaint March 2 in the U.S. District Court for the Eastern District of Kentucky in which she accuses the United States of providing "poisoned water" to the family for drinking, bathing, cooking and cleaning (Janetta A. Johnson v. United States, No. 12-70, E.D. Ky.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=6-10%20Mealey%27s%20Benzene%20Rep.%2013%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CITGO: Birds' Deaths Must Be Intentional To Invoke Federal Law CORPUS CHRISTI, Texas - CITGO Petroleum Corp. seeks to have a conviction of violating the federal Migratory Bird Treaty Act overturned, saying in a Feb. 23 brief that the law targets the deliberate taking of birds, such as by poachers, and not the accidental poisoning of birds that took place in two of its tanks (United States v. CITGO Petroleum Corp., et al., No. CR-06-563, S.D. Texas; Corpus Christi Div.; See October 2011, Page 13).