Litigation

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Judge OKs $70M DuPont Waste Pile Settlement In West Virginia
Posted on 5 Jan 2011 by LexisNexis Litigation Resource Community Staff

CHARLESTON, W.Va. - (AP) Chemical maker DuPont Co. will pay $70 million and fund long-term medical monitoring for residents of a West Virginia town who sued over pollution from a zinc smelter and its 100-foot-tall pile of waste. A state judge approved... Read More

Current, Former Football Players Sue NFL Over Concussions
Posted on 22 Aug 2011 by LexisNexis Litigation Resource Community Staff

PHILADELPHIA - (AP) Six former players and one current player have sued the NFL in Philadelphia over the league's handling of concussion-related injuries, the first potential class-action lawsuit of its kind. The players accuse the league of training... Read More

3rd Circuit Finds Class Action Inappropriate In Vinyl Chloride Exposure Case
Posted on 22 Sep 2011 by Thomas H. Clarke, Jr.

In Gates v. Rohm & Haas Co. et al , 2011 U.S. App. LEXIS 17756 (3rd. Cir.: 8/25/11), Plaintiffs were residents of a primarily residential area of approximately 2,000 people and 400 homes. Defendant chemical companies owned and operated a facility... Read More

3rd Circuit Reverses Denial Of Summary Judgment On Medical Monitoring Claim
Posted on 25 Aug 2010 by Dylan McGuire

PHILADELPHIA - (Mealey's) A panel of the Third Circuit U.S. Court of Appeals on Aug. 24 reversed a district court's finding in favor of medical monitoring for a minor plaintiff who allegedly was injured by an experimental heart stent, holding... Read More

William A. Ruskin: 2nd Circuit Grapples With Medical Monitoring
Posted on 22 May 2013 by William A. Ruskin

By William A. Ruskin On May 1, 2013, the Second Circuit issued an important decision in Caronia v. Philip Morris USA Inc. , 2d Cir., No. 11-0316 (5/1/13) [ enhanced version available to lexis.com subscribers ]. The Court provides an excellent summary... Read More

U.S. Supreme Court Denies Appeal Of $241 Million Tobacco Judgment
Posted on 27 Jun 2011 by Michael Lefkowitz

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court has denied tobacco companies' appeal of a Louisiana state court order to fund a $241 million medical monitoring and smoking cessation program, according to a clerk of the court report issued... Read More

Federal Judge Rejects Marlboro Smokers' Medical Monitoring Claims
Posted on 18 Jan 2011 by Michael Lefkowitz

BROOKLYN, N.Y. - (Mealey's) A New York federal judge on Jan. 13 dismissed a lawsuit by Marlboro smokers seeking certification of a class to require Philip Morris USA to pay for medical monitoring, saying that because all cigarettes are dangerous,... Read More

Defendant Monsanto Announces Settlement Preliminarily Approved In West Virginia Dioxin Lawsuits
Posted on 27 Feb 2012 by Bill G Lowe

WINFIELD, W.Va. - (Mealey's) Monsanto Co. announced that preliminary approval of the settlement was granted Feb. 24 in the Putnam County, W. Va., Circuit Court in medical monitoring and property contamination lawsuits related to the alleged dioxin... Read More

William A. Ruskin: New York State Court Of Appeals: Injury Required For Medical Monitoring
Posted on 2 Jan 2014 by William A. Ruskin

By William A. Ruskin | In a landmark decision, the NYS Court of Appeals rejected medical monitoring claims in the absence of a physical injury in Caronia v. Philip Morris , No. 227, slip op. (N.Y. Dec. 17, 2013) [ enhanced opinion available to lexis... Read More

Judge Denies Monitoring, Future Medical Expenses In Criminal Pollution Case
Posted on 1 May 2014 by Michael Lefkowitz

CORPUS CHRISTI, Texas — (Mealey’s) Compensation for future medical expenses, court-ordered medical monitoring and relocation from allegedly polluted properties is not justified by the evidence, the Texas federal judge sentencing CITGO Petroleum... Read More