http://www.lexisnexis.com/mealeys/news.aspx Headline Emerging Toxic Torts Legal News from LexisNexis® en-us http://www.lexisnexis.com/mealeys/images/lexismealeyslogo.gif 130 29 http://www.lexisnexis.com/mealeys/news.aspx Copyright 2012 http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-4%20Mealey%27s%20Emerg.%20Toxic%20Torts%201%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW ORLEANS - A unanimous Fifth Circuit U.S. Court of Appeals panel issued a per curiam opinion May 9 affirming orders excluding expert reports and testimony from a personal injury lawsuit brought against a Westlake, La., refinery operator and its insurance company (Sandra Harmon, et al. v. Georgia Gulf States Lake Charles, et al., No. 11-30383, 5th Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-4%20Mealey%27s%20Emerg.%20Toxic%20Torts%202%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW CASTLE, Del. - The New Castle County, Del., Superior Court judge presiding over a lawsuit alleging that occupational exposure to chemicals in a Texas clean room caused a worker's child to be born with birth defects entered an order on May 7 denying a motion to reconsider dismissal of the claim as a matter of law (Christopher Peters, et al. v. Texas Instruments Inc., No. 10C-06-043, Del. Super.; 2012 Del. Super. LEXIS 196; See 10/18/11, Page 8). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-4%20Mealey%27s%20Emerg.%20Toxic%20Torts%203%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank HOUSTON - A commercial diver engaged to provide services in the Gulf of Mexico in the area of the Deepwater Horizon explosion and fire filed a personal injury lawsuit May 2 in the Texas 295th District Court in Harris County; the plaintiff alleges violations of general maritime law and the Jones Act (David Hogan, et uxor v. British Petroleum Exploration & Production Inc., et al., No. 201222995, Texas D., Harris Co. 295th Dist.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-4%20Mealey%27s%20Emerg.%20Toxic%20Torts%204%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CHICAGO - The parents of an 18-year-old who allege that their daughter is incapacitated by a brain tumor caused by exposure to fugitive radioisotopes released from a nuclear power plant were granted a motion to voluntarily dismiss without prejudice May 4 in the U.S. District Court for the Northern District of Illinois; the defendants filed a joinder in the motion for conditional dismissal (Cynthia Sauer, et vir v. Exelon Generation Co., et al., No. 10-3258, N.D. Ill.; See 3/20/12, Page 18). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-4%20Mealey%27s%20Emerg.%20Toxic%20Torts%205%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SCRANTON, Pa. - The Bradford County, Pa., families seeking relief from an order granting stipulated, binding arbitration with natural extraction companies accused of contaminating domestic water wells were denied relief May 11 in the U.S. District Court for the Middle District of Pennsylvania (Jason Otis, et al. v. Chesapeake Appalachia, et al., No. 11-115, M.D. Pa.; Edwin Bidlack, et al. v. Chesapeake Appalachia, et al., No. 11-129, M.D. Pa.; 2012 U.S. Dist. LEXIS 66252; 2012 U.S. Dist. LEXIS 66264; See 5/1/12, Page 15). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-4%20Mealey%27s%20Emerg.%20Toxic%20Torts%206%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SCRANTON, Pa. - Susquehanna County, Pa., residents seeking to recover for alleged contamination of their residential well water with hydraulic fracturing chemicals in the U.S. District Court for the Middle District of Pennsylvania were granted leave to file a third amended complaint to add four defendants in an order entered May 3 (Susan Berish, et al. v. Southwestern Energy Production Co., et al., No. 10-1981, M.D. Pa.; 2012 U.S. Dist. LEXIS 61943; 2012 U.S. Dist. LEXIS 61943; See 2/15/11, Page 22). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-4%20Mealey%27s%20Emerg.%20Toxic%20Torts%207%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank PITTSBURGH - Two personal injury and property damage lawsuits alleging domestic well water contamination with hydraulic fracturing chemicals were consolidated for all pretrial proceedings April 25 in the U.S. District Court for the Western District of Pennsylvania; a hearing to consider a defense protective order motion is scheduled for July 6 (David Dillon, et al. v. Antero Resources, et al., No. 11-1038 [consolidated], W.D. Pa.; See 10/4/11, Page 31). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-4%20Mealey%27s%20Emerg.%20Toxic%20Torts%208%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank PITTSBURGH - An appeal in the Pennsylvania Superior Court of a state court order denying newspapers' motion to unseal a settlement in a hydraulic fracturing personal injury lawsuit is supported in an amicus curiae brief filed April 27 by physicians, researchers and health care providers (Stephanie Hallowich, et vir v. Range Resources, et al., No. 12-234, Pa. Super.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-4%20Mealey%27s%20Emerg.%20Toxic%20Torts%209%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SCRANTON, Pa. - Judge A. Richard Caputo issued an order May 3 warning northern Pennsylvania plaintiffs of a deficiency in the diversity jurisdiction pleading in their amended complaint in the U.S. District Court for the Middle District of Pennsylvania seeking to recover for alleged personal injury and property damage from natural gas extraction companies engaged in hydraulic fracturing (Tammy Manning, et al. v. WPX Energy Appalachia, et al., No. 12-646, M.D. Pa.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-4%20Mealey%27s%20Emerg.%20Toxic%20Torts%2010%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ABINGDON, Va. - A private action to secure clean potable water from a coal company under the federal Surface Mining Control and Reclamation Act (SMCRA) (30 U.S. Code Section 1270) survived a defense motion to dismiss for lack of subject matter jurisdiction on May 6 in the U.S. District Court for the Western District of Virginia (Jennie McCracken, et al. v. The Black Diamond Co., No. 11-73, W.D. Va.; 2012 U.S. Dist. LEXIS 63096). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-4%20Mealey%27s%20Emerg.%20Toxic%20Torts%2011%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CLEVELAND - Diminution of property value claims for fugitive chlorinated solvent contamination of groundwater pending in the U.S. District Court for the Northern District of Ohio were dismissed in part in an order entered May 11 (Town & Country Co-Op Inc. v. Akron Products Co., et al., No. 11-2578, N.D. Ohio; 2012 U.S. Dist. LEXIS 66128). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-4%20Mealey%27s%20Emerg.%20Toxic%20Torts%2012%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank PHILADELPHIA - The U.S. District Court for the Eastern District of Pennsylvania judge presiding over the multidistrict Imprelis products liability litigation approved and adopted the joint proposed preservation of documents protocol in the case management order entered May 9 (In re: Imprelis Herbicide Marketing, Sales Practices & Products Liability Litigation, No. 11-2284, MDL 2284, E.D. Pa.; See 1/24/12, Page 11). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-4%20Mealey%27s%20Emerg.%20Toxic%20Torts%2013%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SALT LAKE CITY - The motion by the United States for summary judgment under the statute of limitations in a Federal Torts Claim Act, Sarin-exposure personal injury lawsuit in the U.S. District Court for the District of Utah brought by a plaintiff who alleges Sarin exposure near the Dugway Proving Ground in Utah was argued and submitted to the court April 19 (Carolyn Bayless v. United States, et al., D. Utah, No. 09-495). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-4%20Mealey%27s%20Emerg.%20Toxic%20Torts%2014%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank OAKLAND, Calif. - A company accused of exposing an environmental consultant working on the response to the Deepwater Horizon explosion and crude oil leak renewed its motion to transfer the personal injury lawsuit from California to the Southern District of Alabama in a reply brief and a motion to strike filed May 3 in the U.S. District Court for the Northern District of California (Meagan Cambridge v. Millard Refrigerated Services Inc., No. 12-1460, N.D. Calif.; See 5/1/12, Page 28). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-4%20Mealey%27s%20Emerg.%20Toxic%20Torts%2015%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank MIAMI - An evidentiary hearing was held May 4 in the U.S. District Court for the Southern District of Florida on an application by Chevron Corp. to conduct discovery from a southern Florida bank owned by an Ecuadorian corporation under 28 U.S. Code Section 1782 in support of its international effort to challenge the $18 billion judgment against it in an Ecuadorian court; the application was filed in December (Chevron Corp. v. Banco Pichincha, No. 11-24599, S.D. Fla.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-4%20Mealey%27s%20Emerg.%20Toxic%20Torts%2016%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank RESEARCH TRIANGLE PARK, N.C. - The serum levels of perfluorooctanoate (PFOA) and perfluorooctane sulfonate (PFOS) in participants in the C8 Health Project participants are positively correlated with a marker for liver cancer, researchers report in a study published in the May 2012 Environmental Health Perspectives. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-4%20Mealey%27s%20Emerg.%20Toxic%20Torts%2017%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank RESEARCH TRIANGLE PARK, N.C. - Low-dose, gestational, perfluorooctanoate (PFOA) exposure is linked to obesity in female offspring at age 20, according to research published in the May 2012 Environmental Health Perspectives. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-4%20Mealey%27s%20Emerg.%20Toxic%20Torts%2018%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank RESEARCH TRIANGLE PARK, N.C. - The serum levels of the perfluorochemicals (PFC) perfluorooctanoate (PFOA) and perfluorooctane sulfonate (PFOS) are higher in the children of mother-child pairs sampled from the C8 Health Project established as part of the 2005 settlement in the Wood County, W.Va., Circuit Court between residents of the Ohio River valley and DuPont (Jack W. Leach, et al. v. E.I. du Pont de Nemours & Co., No. 01-608, W.Va. Cir., Wood Co.; See 4/17/12, Page 24), according to a report of research published in the May 2012 Environmental Health Perspectives. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-3%20Mealey%27s%20Emerg.%20Toxic%20Torts%201%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW ORLEANS - The parties to the multidistrict Federal Emergency Management Agency formaldehyde trailer litigation consolidated in the U.S. District Court for the Eastern District of Louisiana filed a joint motion April 13 for certification of a settlement class and for preliminary approval of a global settlement of all remaining claims in the litigation; the amount of the settlement is confidential (In re: FEMA Trailer Formaldehyde Products Liability Litigation, No. 07-1873, MDL 1873, E.D. La.; See 4/17/12, Page 8). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-3%20Mealey%27s%20Emerg.%20Toxic%20Torts%202%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank LITTLE ROCK, Ark. - Certification was denied April 19 in a putative class action in the U.S. District Court for the Eastern District of Arkansas for plaintiffs seeking to represent neighbors of natural gas pipeline compressors and transmission stations for alleged exposure to noise, methane and hydrogen sulfide contamination (Peggy Ginardi, et al. v. Frontier Gas Services, et al., No. 11-420, E.D. Ark.; 2012 U.S. Dist. LEXIS 54845; See 3/20/12, Page 15). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-3%20Mealey%27s%20Emerg.%20Toxic%20Torts%203%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank LITTLE ROCK, Ark. - A contractor hired by the operators of natural gas pipeline operators filed brief on April 19 in the U.S. District Court for the Eastern District of Arkansas to enforce a settlement with the class representatives and the pipeline companies (Peggy Ginardi, et al. v. Frontier Gas Services, et al., No. 11-420, E.D. Ark.; See 3/20/12, Page 15). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-3%20Mealey%27s%20Emerg.%20Toxic%20Torts%204%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SANTA ANA, Calif. - In anticipation of a June trial in the U.S. District Court for the Eastern District of California on the hexavalent chromium contamination-related flood damage claims alleged by Merced County, Calif., the presiding judge issued several orders April 17 granting motions for summary judgment to limit the issues (Raul Valencia Abarca, et al. v. Merck & Co., et al., No. 07-388, E.D. Calif.; 2012 U.S. Dist. LEXIS 57370; See 3/6/12, Page 24). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-3%20Mealey%27s%20Emerg.%20Toxic%20Torts%205%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW ORLEANS - The judge presiding over a putative class action in the U.S. District Court for the Eastern District of Louisiana brought by Louisiana and Mississippi plaintiffs for personal injuries and business losses against the owner of a paper mill issued an order April 27 dismissing maritime law punitive damages, but the plaintiffs may pursue punitive damages under state law (Terral Evans, et al. v. TIN Inc., No. 11-2067, E.D. La.; 2012 U.S. Dist. LEXIS 58990; See 3/20/12, Page 29). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-3%20Mealey%27s%20Emerg.%20Toxic%20Torts%206%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW ORLEANS - The magistrate judge presiding over a consolidated personal injury action against the owner of a paper mill sued in the U.S. District Court for the Eastern District of Louisiana for a black liquor discharge issued orders April 26 setting an expedited hearing schedule for motions to quash subpoenas and for protective orders (Terral Evans, et al. v. TIN Inc., No. 11-2067, E.D. La.; See 3/20/12, Page 29). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-3%20Mealey%27s%20Emerg.%20Toxic%20Torts%207%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WILLIAMSPORT, Pa. - The judge presiding over a lawsuit brought in the U.S. District Court for the Middle District of Pennsylvania by a Tioga County, Pa., landowner against natural gas extraction companies issued an order April 27 adopting in part the findings and recommendations of the magistrate judge; negligence, strict liability and ultrahazardous activity claims survive defense motions to dismiss for failing to state a claim (Edward E. Kamuck v. Shell Energy Holdings, et al., No. 11-1425, M.D. Pa.; 2012 U.S. Dist. LEXIS 59113). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-3%20Mealey%27s%20Emerg.%20Toxic%20Torts%208%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SCRANTON, Pa. - The natural gas extraction companies being sued by Susquehanna County, Pa., residents in the U.S. District Court for the Middle District of Pennsylvania for allegedly contaminating their domestic water wells by hydraulic fracturing asked the court April 23 to deny a motion to compel production of documents they aver violates the case management order (Norma J. Fiorentino, et al. v. Cabot Oil & Gas Corporation, et al., No. 09-2284, M.D. Pa.; See 4/17/12, Page 13). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-3%20Mealey%27s%20Emerg.%20Toxic%20Torts%209%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SCRANTON, Pa. - Natural gas extraction companies accused by two Bradford County, Pa., families of contaminating their domestic water wells filed nearly identical briefs April 16 in the U.S. District Court for the Middle District of Pennsylvania in support of motions for evidentiary hearings and for leave to conduct discovery related to a plaintiffs' motion for relief from stipulated binding arbitration (Jason Otis, et al. v. Chesapeake Appalachia, et al., No. 11-115, M.D. Pa.; Edwin Bidlack, et al. v. Chesapeake Appalachia, et al., No. 11-129, M.D. Pa.; See 3/20/12, Page 13). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-3%20Mealey%27s%20Emerg.%20Toxic%20Torts%2010%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SCRANTON, Pa. - Three generations of a northern Pennsylvania family are joined in a personal injury and property damage lawsuit filed April 9 in the U.S. District Court for the Middle District of Pennsylvania against natural gas extraction companies engaged in hydraulic fracturing (Tammy Manning, et al. v. WPX Energy Appalachia, et al., No. 12-646, M.D. Pa.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-3%20Mealey%27s%20Emerg.%20Toxic%20Torts%2011%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank DOVER, Del. - A unanimous Delaware Supreme Court panel on April 20 affirmed the denial of workers' compensation benefits for aggravation of a respiratory condition because the claimant failed to meet her burden of proof (Annette Turner v. Johnson Controls, No. 561, 2011, Del. Sup.; 2012 Del. LEXIS 217). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-3%20Mealey%27s%20Emerg.%20Toxic%20Torts%2012%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank DES MOINES, Iowa - A unanimous Iowa Court of Appeals panel affirmed the workers' compensation commissioner in an opinion issued April 25 and denied disability benefits for an occupational respiratory disease allegedly caused by contact with cleaning products at an Iowa meat-processing factory (Refugio Orozco Serratos v. Tyson Foods, No. 11-1186, Iowa App.; 2012 Iowa App. LEXIS 291). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-3%20Mealey%27s%20Emerg.%20Toxic%20Torts%2013%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank PHILADELPHIA - The widow of a contractor employee who alleges that her late husband contracted cancer as a result of chemical exposure at a Rohm & Haas facility in suburban Philadelphia filed notice on April 20 of her intention to appeal an April 17 order in the Philadelphia County Court of Common Pleas excluding her causation expert (Anne Snizavich v. Dow Chemical Co., et al., No. 09-2832, Pa. Comm. Pls., Philadelphia Co.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-3%20Mealey%27s%20Emerg.%20Toxic%20Torts%2014%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank MADISON, Wis. - Class certification was granted April 16 in a lawsuit filed in the U.S. District Court for the Western District of Wisconsin in which the class representatives allege chlorinated solvent vapor intrusion from a Madison factory site (Kathleen McHugh, et al. v Madison-Kipp Corp., et al., No. 11-724, W.D. Wis.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-3%20Mealey%27s%20Emerg.%20Toxic%20Torts%2015%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank OKLAHOMA CITY - An environmental contractor hired by Halliburton Energy Services Inc. to monitor groundwater contamination at an Oklahoma rocket maintenance facility was denied a motion to dismiss on April 18 in the U.S. District Court for the Western District of Oklahoma lawsuit filed by 87 plaintiffs who allege personal injuries from exposure in their domestic well water to fugitive ammonium perchlorate and nitrates (Amanda Alexander, et al. v. Haliburton Co., et al., No. 11-1343, W.D. Okla.; 2012 U.S. Dist. LEXIS 54351; See 3/20/12, Page 28). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-3%20Mealey%27s%20Emerg.%20Toxic%20Torts%2016%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WASHINGTON, D.C. - Oral arguments were heard April 17 in the District of Columbia Circuit U.S. Court of Appeals on a defense motion by a consulting expert to vacate an order to compel production of allegedly privileged and confidential documents in one of the federal discovery lawsuits filed by Chevron Corp. to prevent enforcement of the $8.6 billion Lago Agrio, Ecuador, judgment (Chevron Corp. v. Weinberg Group, No. 11-7097, D.C. Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-3%20Mealey%27s%20Emerg.%20Toxic%20Torts%2017%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank 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.; See 3/20/12, Page 26). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-3%20Mealey%27s%20Emerg.%20Toxic%20Torts%2018%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank MUSCATINE, Iowa - Residents of Muscatine, Iowa, filed a putative class action lawsuit April 23 in the Muscatine County, Iowa, District Court against the owner/operator of an ethanol plant for releasing chemicals and particulate matter (Laurie Freeman, et al. v. Grain Processing Corp., No. LA-CV-0212320, Iowa Dist., Muscatine Co.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-3%20Mealey%27s%20Emerg.%20Toxic%20Torts%2019%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank OAKLAND, Calif. - The owner of a Theodore, Ala., refrigeration facility that removed an anhydrous ammonia personal injury complaint to the U.S. District Court for the Northern District of California in March moved April 12 to transfer the lawsuit to the Southern District of Alabama where a related lawsuit arising from the same incident is pending (Meagan Cambridge v. Millard Refrigerated Services Inc., No. 12-1460, N.D. Calif.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-3%20Mealey%27s%20Emerg.%20Toxic%20Torts%2020%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW YORK - A Vermont machine-operator seeking damages for personal injuries allegedly caused by occupational exposure to polytetrafluoroethylene (PTFE) filed notice on April 17 in the Second Circuit U.S. Court of Appeals that he will challenge the sophisticated user summary judgment granted March 23 to the manufacturer of the heating element in the wire-insulating machine he alleges caused his exposure (Cory Wilson v. Glenro Inc., No. 12-1525, 2nd Cir.; See 4/3/12, Page 21). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-3%20Mealey%27s%20Emerg.%20Toxic%20Torts%2021%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SAN FRANCISCO - A wrongful death complaint against the manufacturer of a termaticide was removed April 20 from the Contra Costa County, Calif., Superior Court to the U.S. District Court for the Northern District of California based on the amount in controversy and diversity of citizenship (Eva Forrester v. Orkin Inc., No. 12-1975, N.D. Calif.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-3%20Mealey%27s%20Emerg.%20Toxic%20Torts%2022%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank RESEARCH TRIANGLE PARK, N.C. - The National Institutes of Health released an Environmental Health Perspective report online April 5 with evidence of a link between prenatal exposure to organophosphate pesticides and shortened gestation periods and reduced birth weights (http://dx.doi.org/10.1289/ehp.1104615). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-2%20Mealey%27s%20Emerg.%20Toxic%20Torts%201%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW YORK - The motion filed in March by Chevron Corp. in the U.S. District Court for the Southern District of New York to exonerate a $21.8 million injunction bond in the lawsuit to prevent the enforcement of an $18 billion judgment awarded in an Ecuadorian court was granted April 2 over the objection of the defendants (Chevron Corp. v. Steven R. Donziger, et al., No. 11-691, S.D. N.Y.; See 4/3/12, Page 25). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-2%20Mealey%27s%20Emerg.%20Toxic%20Torts%202%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CHICAGO - A unanimous First District Illinois Appellate Court, Fifth Division, panel announced an opinion April 2 overturning a declaratory judgment for insurance companies that they owe a duty to the former mayor of Crestwood, Ill., to defend in underlying lawsuits alleging that Crestwood and its officials provided contaminated water to village residents (Metropolitan Property & Casualty Insurance Co., et al. v. Chester Stranczek, No. 10-3760, Ill. App., 1st Dist., 5th Div.; 2012 Ill. App. LEXIS 238; See 3/20/12, Page 9). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-2%20Mealey%27s%20Emerg.%20Toxic%20Torts%203%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank OKLAHOMA CITY - Department of Defense contractors sued in the U.S. District Court for the Western District of Oklahoma were granted summary judgment in part on April 3 under the primary jurisdiction doctrine for Resource Conservation and Recovery Act private party endangerment clause claims in a suit brought for perchlorate contamination of groundwater (Mitchell McCormick, et al. v. Halliburton Co., et al., No. 11-1272, W.D. Okla.; 2012 U.S. Dist. LEXIS 46661). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-2%20Mealey%27s%20Emerg.%20Toxic%20Torts%204%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW ORLEANS - Confirming the dismissal of the remaining claims brought by Louisiana plaintiffs in the multidistrict Federal Emergency Management Agency formaldehyde trailer litigation consolidated in the U.S. District Court for the Eastern District of Louisiana, Judge Kurt D. Engelhardt issued final judgment on April 11 for the United States in some 1,500 actions in the litigation docket (In re: FEMA Trailer Formaldehyde Products Liability Litigation, No. 07-1873, MDL 1873, E.D. La.; See 4/3/12, Page 8). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-2%20Mealey%27s%20Emerg.%20Toxic%20Torts%205%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CAMDEN, N.J. - The property damage and personal injury claims for residential solvent vapor intrusion filed by a New Jersey couple survived a defense motion to dismiss for failing to state a claim in an order filed April 11 in the U.S. District Court for the District of New Jersey (Michael Leese, et uxor v. Lockheed Martin Corp., No. 11-5091, D. N.J.; 2012 U.S. Dist. LEXIS 50963). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-2%20Mealey%27s%20Emerg.%20Toxic%20Torts%206%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank TRENTON, N.J. - New Brunswick, N.J., plaintiffs seeking personal injury damages and medical monitoring from Bristol-Myers Squibb Co. from the U.S. District Court for the District of New Jersey were denied remand in an order entered April 12 (Dyshelle Harris v. Bristol-Myers Squibb Co., et al., No. 11-6004, D. N.J.; 2012 U.S. Dist. LEXIS 51896). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-2%20Mealey%27s%20Emerg.%20Toxic%20Torts%207%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank GRAND RAPIDS, Mich. - The case management order entered March 23 in the U.S. District Court for the Western District of Michigan in a lawsuit filed by the representative of the estate of a farm worker who was asphyxiated as the result of occupational hydrogen sulfide exposure sets a Jan. 21 deadline for discovery (Tomasa Martinez Garcia v. Yankee Springs Dairy Inc., No. 11-1010, W.D. Mich.; See 2/21/12, Page 12). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-2%20Mealey%27s%20Emerg.%20Toxic%20Torts%208%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CONCORD, N.H. - All discovery has been stayed in the multidistrict Colgate-Palmolive antibacterial soap marketing liability litigation until further order of the U.S. District Court for the District of New Hampshire, and the parties were ordered March 27 to be prepared to discuss the appointment of lead or liaison counsel, the development of a discovery plan and a schedule for class certification (In re: Colgate-Palmolive Softsoap Antibacterial Hand Soap Marketing & Sales Practices Litigation, No. 12-2320, MDL 2320, D. N.H.; See 4/3/12, Page 19). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-2%20Mealey%27s%20Emerg.%20Toxic%20Torts%209%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SCRANTON, Pa. - A subpoena was issued April 10 to a former attorney for the Susquehanna County, Pa., plaintiffs seeking damages in the U.S. District Court for the Middle District of Pennsylvania for alleged well water contamination from hydraulic fracturing; a continued hearing on a defense motion to compel and for sanctions against the attorney is set for May 7 (Norma J. Fiorentino, et al. v. Cabot Oil & Gas Corporation, et al., No. 09-2284, M.D. Pa.; See 3/6/12, Page 21). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-2%20Mealey%27s%20Emerg.%20Toxic%20Torts%2010%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank YOUNGSTOWN, Ohio - A lawsuit alleging contract violations, personal injury and property damage against natural gas extraction companies and their alleged agents was remanded by joint stipulation April 9 from the U.S. District Court for the Northern District of Ohio, where it was removed in March based on fraudulent joinder in the state court action (Cynthia Koonce, et al. v. Chesapeake Exploration, et al., No. 12-736, N.D. Ohio). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-2%20Mealey%27s%20Emerg.%20Toxic%20Torts%2011%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ROCHESTER, NY - The Big Flats, N.Y., residents alleging that hydraulic fracturing by natural gas extraction companies contaminated their domestic water wells with explosive gases and chemicals filed a response April 6 in the U.S. District Court for the Western District of New York in opposition to a motion to quash a subpoena duces tecum served on a nonparty (Jason Baker, et al. v. Anschutz Exploration Corp., et al., No. 11-6119, W.D. N.Y.; See 1/24/12, Page 17). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-2%20Mealey%27s%20Emerg.%20Toxic%20Torts%2012%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WHEELING, W.Va. - A Wetzel County, W.Va., property owner and a natural gas extraction company filed summary judgment motions March 20 in the U.S. District Court for the Northern District of West Virginia in which they each seek a declaratory judgment on the availability to surface estate owners of the trespass tort to recover for drilling waste left by the mineral estate owner (Martin Whiteman, et uxor v. Chesapeake Appalachia, No. 11-31, N.D. W.Va.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-2%20Mealey%27s%20Emerg.%20Toxic%20Torts%2013%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WHEELING, W.Va. - Chesapeake Appalachia and an employee sued in the West Virginia Circuit Court of Ohio County filed a notice of removal April 6 in the U.S. District Court for the Northern District of West Virginia on the grounds of the amount in controversy and the diversity of citizenship in a real property value damage lawsuit (David Dent, et uxor v. Chesapeake Appalachia, et al., No. 12-53, N.D. W.Va.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-2%20Mealey%27s%20Emerg.%20Toxic%20Torts%2014%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WHEELING, W.Va. - A natural gas extraction company sued in Marshall County, W.Va., for allegedly contaminated a domestic water well filed notice of removal March 30 in the U.S. District Court for the Northern District of West Virginia (Jeremiah N. Magers, et uxor v. Chesapeake Appalachia, No. 12-49, N.D. W.Va.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-2%20Mealey%27s%20Emerg.%20Toxic%20Torts%2015%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank PORTLAND, Ore. - The Oregon National Guard members suing Iraq War contractors for exposure to hexavalent chromium in Iraq allege in a memorandum filed April 4 in the U.S. District Court for the District of Oregon that the contractors deliberately concealed a 2002 assessment of the contamination at Qarmat Ali in Iraq (Rocky Bixby, et al. v. KBR, Inc., et al., No. 09-632, D. Ore.; See 1/10/12, Page 12). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-2%20Mealey%27s%20Emerg.%20Toxic%20Torts%2016%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW CASTLE, Del. - Monsanto Co., its Argentina subsidiaries and the tobacco companies that demand contract farmers apply glyphosate herbicide on tobacco growing operations in Argentina are accused in a complaint filed April 5 in the New Castle County, Del., Superior Court of exposing farmers to harmful agrochemicals, which allegedly causes birth defects in their children (Pabla Chalanuk, et al. v. Alliance International Inc., et al., No. N12C-04-042, Del. Super., New Castle Co.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-2%20Mealey%27s%20Emerg.%20Toxic%20Torts%2017%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank PARKERSBURG, W.Va. - The science panel established pursuant to a 2005 settlement in the Wood County, W.Va., Circuit Court between residents of the Ohio River valley and E.I. du Pont de Nemours & Co. issued a report April 16 in which it concludes that there is a probable link between perfluorooctanoate (PFOA) exposure and increased risk of testicular and kidney cancers; the panel previously announced a probable link of exposure to pregnancy-induced hypertension (Jack W. Leach, et al. v. E.I. du Pont de Nemours & Co., No. 01-608, W.Va. Cir., Wood Co.; See 2/7/12, Page 34).