Mealeys

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Mealey's Toxic Tort/Environmental - Cancer Victim: Monsanto Knew Herbicide Roundup Was Carcinogenic For Decades
Posted on 16 Oct 2019 by Mealeys

ST. LOUIS - An Indiana cancer victim on Oct. 15 sued Monsanto Co. in a Missouri federal court contending that its deception regarding the danger posed by glyphosate, the active ingredient in the herbicide Roundup, makes the company liable for his injury... Read More

Mealey's Toxic Tort/Environmental - Judge Refers Wrongful Death Glyphosate Cancer Case To Magistrate Judge
Posted on 16 Oct 2019 by Mealeys

LAS CRUCES, N.M. - A federal judge in New Mexico on Oct. 15 referred a glyphosate lawsuit against Monsanto Co. filed the same day to a magistrate judge to conduct dispositive proceedings in a case in which a woman contends that Monsanto is liable for... Read More

Mealey's Toxic Tort/Environmental - Judge Frees 1 Company From Asbestos Case; Plaintiff Seeks Sanctions On 2nd
Posted on 11 Oct 2019 by Mealeys

TACOMA, Wash. - A plaintiff offers only general allegations regarding exposure to asbestos and nothing linking a defendant to those exposures, a federal judge in Washington said Oct. 9 in granting summary judgment. The plaintiffs on Oct. 4 asked the court... Read More

Mealey's Toxic Tort/Environmental - C8 Plaintiffs: Dupont Acted In Bad Faith When It Deposed Science Panel Witness
Posted on 11 Oct 2019 by Mealeys

COLUMBUS, Ohio - Plaintiffs in the multidistrict litigation related to perfluorooctanoic acid (known as C8) on Oct. 8 filed a brief in Ohio federal court contending that the deposition of one particular witness should be stricken because E.I. du Pont... Read More

Mealey's Toxic Tort/Environmental - Judge: Transformer Maker's Third-Party CERCLA Claims Are Adequately Pleaded
Posted on 11 Oct 2019 by Mealeys

UTICA, N.Y. - The maker of transformers that contained polychlorinated biphenyls (PCBs) that were later disposed of at a metal recycling facility sufficiently stated claims for arranger and transporter liability under the Comprehensive Environmental Response... Read More

Mealey's Toxic Tort/Environmental - Judge Orders Lago Agrio Attorney's Passports Held As Contempt Case Continues
Posted on 10 Oct 2019 by Mealeys

NEW YORK - A federal judge in New York presiding over the civil contempt case of Steven R. Donziger, the attorney who won an $18.5 billion judgment against the company in a court in Ecuador for injuries only to have it reversed, on Oct. 8 ordered Donziger's... Read More

Mealey's Toxic Tort/Environmental - Judge Denies Stay Of Remand Of Counties' Climate Change Suit
Posted on 9 Oct 2019 by Mealeys

DENVER - A federal judge in Colorado on Oct. 7 denied a motion filed by fossil fuel producers to stay remand of a lawsuit brought by two Colorado counties and the city of Boulder, finding that the companies were unable to show a likelihood of success... Read More

Mealey's Toxic Tort/Environmental - California Court Says Asbestos Verdict Inconsistencies Required New Trial
Posted on 9 Oct 2019 by Mealeys

LOS ANGELES - A judge erred in entering judgment for a defendant after a jury's inconsistent asbestos verdict, but corrected the error in granting a new trial, a California appeals court held in affirming the latter ruling on Oct. 4 (Sharon Linsowe... Read More

Mealey's Toxic Tort/Environmental - Judge Postpones Glyphosate Cancer Trial After Venue Issue Seemed Resolved
Posted on 9 Oct 2019 by Mealeys

ST. LOUIS - A state court judge in Missouri on Oct. 4 postponed indefinitely a cancer victim's lawsuit against Monsanto Co. related to the herbicide Roundup, which contains the active ingredient glyphosate (Walter Winston v. Monsanto Company, No.... Read More

Mealey's Toxic Tort/Environmental - After 1st Circuit's Denial, Companies Ask High Court To Stay Warming Suit
Posted on 9 Oct 2019 by Mealeys

WASHINGTON, D.C. - Oil companies accused of promoting the sales and use of fossil fuels despite knowing that their use contributes to global warming and climate change on Oct. 7 asked the U.S. Supreme Court to stay remand of a lawsuit brought by the state... Read More

Mealey's Toxic Tort/Environmental - 9th Circuit Releases 2 Appeals From Mediation Related To Glyphosate Cancer Award
Posted on 9 Oct 2019 by Mealeys

SAN FRANCISCO - The circuit mediator for the Ninth Circuit U.S. Court of Appeals on Oct. 4 released from the mediation program two glyphosate cases against Monsanto Co. in which a cancer victim is appealing a district court judge's reduction of his... Read More

Mealey's Toxic Tort/Environmental - High Court Denies Review Of Ruling Rejecting Additional Cleanup In RCRA Case
Posted on 7 Oct 2019 by Mealeys

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 7 denied review of a ruling by a federal magistrate judge in Illinois refusing to order injunctive relief after finding General Electric Co. liable under the Resource Conservation and Recovery Act (RCRA... Read More

Mealey's Toxic Tort/Environmental - Texas Supreme Court Won't Rehear Asbestos Gross Negligence Case
Posted on 4 Oct 2019 by Mealeys

AUSTIN, Texas - The Texas Supreme Court on Oct. 4 declined rehearing, leaving stand an appellate court's finding that an employee's asbestos exposure met the standard for a gross negligence verdict (The Goodyear Tire & Rubber Co. v. Vicki... Read More

Mealey's Toxic Tort/Environmental - Judge To Hold Bench Trial Over Oil Spill Claim With Advisory Jury
Posted on 4 Oct 2019 by Mealeys

NEW ORLEANS - A federal judge in Louisiana on Oct. 2 granted the federal government's motion to strike a request for a jury trial filed by defendants who refused to reimburse it for the cleanup of an oil spill in the Mississippi River, finding that... Read More

Mealey's Toxic Tort/Environmental - Magistrate Maintains Remediation Plan Does Not Make Injunctive Relief Futile
Posted on 4 Oct 2019 by Mealeys

PITTSBURGH - A federal magistrate judge in Pennsylvania on Oct. 2 denied PPG Industries Inc.'s motion to reconsider a May 22 ruling that held that a claim for injunctive relief sought by two environmental groups under the Resource Conservation and... Read More

  • Blog Post: 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...
  • Blog Post: Judge Denies Motions, Applies Offsets To $9.18 Million Asbestos Verdict

    NEWPORT NEWS, Va. - A Virginia judge on March 9 denied John Crane Inc.'s post-trial motions and entered a final order reducing a jury's award to $8,475,000 from $9.18 million to account for settlements reached on a widow's wrongful death claim arising from her late husband's exposure...
  • Blog Post: Ohio Court: 'Nontraditional Route' To Treatment Shouldn't Doom Asbestos Claim

    CLEVELAND - Ohio did not intend for its asbestos litigation legislation to erase a claim brought by a worker whose union benefits provided a nontraditional route to treatment and who died prior to learning that the new criteria would apply to pending claims, an Ohio appeals court held March 8 (Marilyn...
  • Blog Post: 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...
  • Blog Post: Judge: No Evidence Links Man's Work To Crane Co. Asbestos Product

    WILMINGTON, Del. - A jury could surmise that a man worked with Crane Co. valves while disassembling World War II-era ships but not that those valves contained asbestos-containing components for which the company would be liable, a Delaware judge held March 12 (In re Asbestos Litigation: Ralph Curtis...
  • Blog Post: 11th Circuit: Debtor's Case Properly Dismissed For Not Listing Separate Lawsuit

    ATLANTA - A panel of the 11th Circuit U.S. Court of Appeals on March 14 ruled that a district court properly dismissed a bankruptcy case because the debtor failed to disclose that she had filed a separate $10 million lawsuit against the government (Laura J. Jones v. United States of America, No. 11-13158...
  • Blog Post: New York Jury Returns Verdict For Cleaver Brooks In Asbestos Case

    NEW YORK - A New York jury on March 13 returned a defense verdict in a man's action against Cleaver Brooks for allegedly exposing him to asbestos, sources told Mealey Publications (John Zaugg v. Air & Liquid Systems, et al., No. 190008-2010, N.Y. Sup., New York Co.).
  • Blog Post: Judge Affirms Ruling Permitting 'Each And Every Exposure' Testimony

    PHILADELPHIA - A magistrate judge did not clearly err in allowing various experts' "each and every exposure" testimony or in finding that another defendant waived its right to object to improper service, the judge overseeing the federal asbestos multidistrict litigation held March 13 (In...
  • Blog Post: Split 6th Circuit Says New Cigarette Warnings Are Constitutional

    LOUISVILLE, Ky. - Given that tobacco companies have learned to circumvent bans on marketing to minors, a divided Sixth Circuit U.S. Court of Appeals said March 19, the U.S. Food and Drug Administration's proposal for large, graphic warnings on packs pursuant to the 2009 Family Smoking Prevention...
  • Blog Post: Coverage Owed For Subsidiaries Of Insured, Missouri Appeals Panel Finds

    ST. LOUIS - Subsidiaries of an insured which operated a lead smelter plant are owed coverage under the insured's policies because the policies clearly state that coverage is afforded to "all affiliated or subsidiary companies as they are now or may hereafter be constituted," the Eastern...
  • Blog Post: Georgia Court: Judge Properly Excluded Nonparty Asbestos Defendants

    ATLANTA - A judge properly granted partial summary judgment excluding nonparty asbestos defendants from apportionment of liability to an employer for which no duty existed and several other defendants for which the evidence of causation fell short, a Georgia appeals court affirmed March 20 ( Union Carbide...
  • Blog Post: High Court Says Couple Can Seek Review Of EPA's Compliance Order

    WASHINGTON, D.C. - The U.S. Supreme Court on March 21 unanimously found that an Idaho couple could file a lawsuit challenging a compliance order issued by the U.S. Environmental Protection Agency under the Clean Water Act (CWA) because the order was a final agency action that could be reviewed under...
  • Blog Post: Pa. Federal Judge Finds Fact Issues Exist, Summary Judgment Not Warranted

    PHILADELPHIA - Because genuine issues of material fact exist regarding whether excess insurers' policies preclude coverage for underlying asbestos claims, a Pennsylvania federal judge on March 21 denied the insurers' motions for summary judgment ( General Refractories Co. v. First State Insurance...
  • Blog Post: Judge Says Dukes Does Not Prevent Certification Of Smokers' Monitoring Class

    BOSTON - The U.S. Supreme Court's recent decision in Wal-Mart Stores, Inc. v. Dukes (131 S. Ct. 2541 (2011) does not justify decertification of a class of smokers seeking medical monitoring to check for incipient cancers, a Massachusetts federal judge ruled March 21 (Kathleen Donovan, et al. v. Philip...
  • Blog Post: 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...
  • Blog Post: Illinois Top Court Remands Secondhand Exposure Case For Amendment

    SPRINGFIELD, Ill. - Avoiding the issue of whether duty exists to protect household members from asbestos, a divided Illinois Supreme Court on March 22 remanded a woman's action so that she can try to better meet the foreseeability standard ( Cynthia Simpkins,et al. v. CSX Transportation Inc., No...
  • Blog Post: Asbestos-Tainted Talcum Powder Case May Proceed, New York Justice Says

    NEW YORK - A woman's claim of exposure to asbestos in talcum powder will remain in state court, a New York justice held March 22 in rejecting both preemption and primary jurisdiction arguments ( Arlene Feinberg and Jacob Feinberg v. Colgate-Palmolive Co., et al., No. 190070/11, N.Y. Sup., New York...
  • Blog Post: Kentucky Court: Failure To Appropriately Cite Record Dooms Asbestos Appeal

    FRANKFORT, Ky. - Failure to cite where in the 8,000-page written record an asbestos defendant preserved issues for appeal or evidence supporting its argument dooms its case, a Kentucky appeals court held March 23 ( Garlock Sealing Technologies v. Ava Nell Dexter, et al., Ava Nell Dexter, et al v. Garlock...
  • Blog Post: Federal Judge Finds EPA Exceeded Authority By Modifying Discharge Permit

    WASHINGTON, D.C. - A federal judge in the District of Columbia on March 22 awarded summary judgment to a mining company after finding that the U.S. Environmental Protection Agency exceeded its authority when it modified a Clean Water Act (CWA) permit issued to the company that revoked the company's...
  • Blog Post: Ohio Court: Supplying Asbestos To Manufacturers Doesn't Establish Exposure

    CLEVELAND - Evidence that a company was one of many supplying raw asbestos fibers to tile floor manufacturers during the time a man used the tiles does not establish exposure to the supplier's asbestos, an Ohio court held March 22 ( Estate of Feruccio Bier v. American Biltrite, et al., No. 97085...
  • Blog Post: New York High Court: Communications Between State Agency, EPA Not Privileged

    ALBANY, N.Y. - New York's highest court on March 22 unanimously ruled that communications between the New York Department of Environmental Conservation (DEC) and the U.S. Environmental Protection Agency are not exempt from production under the state's Freedom of Information Law (FOIL) because...
  • Blog Post: U.S. Supreme Court Allows Tobacco Verdicts From Florida To Stand

    WASHINGTON, D.C. - The U.S. Supreme Court on March 27 let stand tens of millions of dollars in Florida state court compensatory and punitive damages verdicts against tobacco companies and set the stage for potentially thousands of additional trials ( R.J. Reynolds Tobacco Company v. Mathilde C. Martin...
  • Blog Post: U.K. Supreme Court Dismisses Insurers' Appeals In Trigger Issue Action

    LONDON - In a landmark majority decision, the United Kingdom Supreme Court on March 28 overturned a split ruling on what constituted the "trigger" for an insurer's liability to indemnify an insured, finding that an insurer's obligation to indemnify an employer for mesothelioma occurs...
  • Blog Post: 5th Circuit Reverses EPA's Disapproval Of Changes To Texas' Permit Program

    NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on March 26 reversed a final rule issued by the U.S. Environmental Protection Agency in which it disapproved amendments by the State of Texas to its permit program for pollution control projects (PCPs), after finding that the agency's action...
  • Blog Post: Coal, Public Service Companies Agree To Pay $10M To Resolve Contamination Suit

    ALBUQUERQUE, N.M. - A New Mexico-based coal company, its parent company and the operators of the San Juan Generating Station on March 28 agreed to pay $10 million to resolve a surface water and groundwater contamination lawsuit brought by the Sierra Club (Sierra Club v. San Juan Coal Company, No. 10...