Mealeys

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Mealey's Toxic Tort/Environmental - Flint Water Crisis Appeals Consolidated At 6th Circuit
Posted on 20 Sep 2019 by Mealeys

CINCINNATI - The clerk of the Sixth Circuit U.S. Court of Appeals on Sept. 17 issued an order consolidating four separate appeals filed by various defendants in the Flint lead-contaminated water crisis who contend that the district court wrongly found... Read More

Mealey's Toxic Tort/Environmental - Philip Morris Wins Reversal Of $7.1 Million Verdict; Fraud Claims Tossed
Posted on 20 Sep 2019 by Mealeys

WEST PALM BEACH, Fla. - A Florida appeals court on Sept. 18 reversed a $7.1 million verdict awarded to a widower who claimed that Philip Morris USA Inc. concealed the harmfulness of smoking, which ultimately led to a woman's lung cancer and death... Read More

Mealey's Toxic Tort/Environmental - Kaiser Gypsum Debtors Settle Dispute Over Cleanup Costs At Superfund Site
Posted on 19 Sep 2019 by Mealeys

CHARLOTTE, N.C. - A North Carolina federal bankruptcy judge on Sept. 16 approved a settlement under which the United States will have more than $4 million in allowed claims in the joint Chapter 11 case of Kaiser Gypsum Co. Inc. and Hanson Permanente Cement... Read More

Mealey's Toxic Tort/Environmental - Minnesota Couple Can't Bring Suit Against Auto Parts Company In N.Y., Justice Says
Posted on 19 Sep 2019 by Mealeys

NEW YORK - The fact that various owners of an automotive performance parts company throughout the years have been based in New York does not give the state jurisdiction over a case brought by a Minnesota resident who never alleges asbestos exposure in... Read More

Mealey's Toxic Tort/Environmental - New York Justice Denies Asbestos Plaintiff Access To Chanel No. 5 Formula
Posted on 18 Sep 2019 by Mealeys

NEW YORK - The relevancy of testing on historic samples of Chanel No. 5 and a woman's expert's admission that he could likely reverse engineer samples to determine authenticity warrant denying her motion to compel production of the product's... Read More

Mealey's Toxic Tort/Environmental - Energy Company Agrees To Shut Down Plant, Pay $8.6M To Settle Groups' Suit
Posted on 18 Sep 2019 by Mealeys

PEORIA, Ill. - Illinois Power Resources Generating LLC (IPRG) and three environmental groups said in press releases issued Sept. 16 that the company has agreed to shut down its E.D. Edwards coal-fired power plant by the end of 2022 and spend $8.6 million... Read More

Mealey's Toxic Tort/Environmental - Minnesota Appeals Court Finds Dissolution, Time Bar Doom Asbestos Claims
Posted on 18 Sep 2019 by Mealeys

ST. PAUL, Minn. - The statute of limitations bars a widow's action against an auto parts company, and an asbestos company's 1985 dissolution bars her action against it, a Minnesota appeals court held Sept. 16 in affirming a pair of summary judgments... Read More

Mealey's Toxic Tort/Environmental - Electrician, Wife Awarded $4.25M By Jury In Seattle Asbestos Case
Posted on 18 Sep 2019 by Mealeys

SEATTLE - A Washington state jury on Sept. 13 awarded $4.25 million in an asbestos case against a company whose predecessor supplied a shipyard with asbestos-containing products (Douglas F. Everson, et al. v. Lone Star Industries Inc., No. 19-2-02-422... Read More

Mealey's Toxic Tort/Environmental - D.C. Circuit Court Dismisses As Moot Challenges To Clean Power Plan
Posted on 18 Sep 2019 by Mealeys

WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on Sept. 17 dismissed as moot a petition filed by 24 states challenging the regulations of the Clean Power Plan, finding that the petition is moot since the legislation has been... Read More

Mealey's Toxic Tort/Environmental - Amici Warn About Shipyard's Overly Broad Reading Of Removal Statute
Posted on 17 Sep 2019 by Mealeys

NEW ORLEANS - The en banc Fifth Circuit U.S. Court of Appeals will hear oral arguments Sept. 24 on a case questioning whether a negligence action involving the failure to implement safety measures at a shipyard using asbestos on Navy vessels relates to... Read More

Mealey's Toxic Tort/Environmental - Doctor's Conviction, Amended Restitution Amount Affirmed By 5th Circuit Panel
Posted on 17 Sep 2019 by Mealeys

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Sept. 13 upheld the conviction of a Mississippi doctor who was found guilty of billing TRICARE, the health care benefit program serving U.S. military, veterans and their respective family members... Read More

Mealey's Toxic Tort/Environmental - Aqueous Film Complaints Should Not Be Amended, DuPont, Chemours Argue
Posted on 16 Sep 2019 by Mealeys

CHARLESTON, S.C. - Two defendants in the multidistrict litigation pending in South Carolina federal court concerning aqueous film forming foam (AFFF) products on Sept. 13 filed a joint brief opposing multiple plaintiffs' attempts to amend their complaints... Read More

Mealey's Toxic Tort/Environmental - Judge: Former Site Owner 96 Percent Liable For Site Contamination
Posted on 16 Sep 2019 by Mealeys

HANNIBAL, Mo. - Following a four-day bench trial, a federal judge in Missouri on Sept. 12 found that the former owner of a small appliance manufacturing site in Macon, Mo., was liable for 96 percent of trichloroethylene (TCE) contamination at the site... Read More

Mealey's Toxic Tort/Environmental - Time To Pay Up, Judge Tells Philip Morris, Rejecting Its Appeal Of $27M Verdict
Posted on 16 Sep 2019 by Mealeys

JACKSONVILLE, Fla. - Philip Morris USA Inc. on Sept. 13 saw three motions filed in a Florida federal court that attempted to reverse a $27 million verdict rejected, with the federal judge saying that "simply put: it is time for Philip Morris to pay... Read More

Mealey's Toxic Tort/Environmental - New Jersey Appeals Court Dismisses Successor Line Jurisdiction Case
Posted on 13 Sep 2019 by Mealeys

TRENTON, N.J. - The bankruptcy of one talc supplier leaves only a defendant with a sufficiently "murky" history and undeveloped record that ruling on whether jurisdiction exists under the successor line theory would be impossible, a New Jersey... Read More

  • Blog Post: FDA Report Says Youth Smoking Is A Public Health Epidemic

    ROCKVILLE, Md. - One week after its attempt to impose graphic warnings onto cigarette packs that it hopes will discourage youthful smoking was defeated in court, the U.S. Food and Drug Administration released a report March 8 warning that tobacco use among juveniles remains a major public health problem...
  • Blog Post: Court Reverses Ruling In Condo Action, Finds No Coverage For Mold Damage

    NEW ORLEANS - A Louisiana appeals court on March 7 reversed a summary judgment ruling in favor of a condominium owner who allegedly failed to repair storm damage that resulted in water and mold issues in an adjoining condo, finding that he failed to present any evidence that the damage was covered under...
  • 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: Court Affirms Denial Of Request To Add Evidence On Mold Spoliation

    MARKHAM, Ill. - An Illinois appeals court on March 9 affirmed a trial court's decision to deny a motion to amend filed by a former employee at a law firm who sought to add a claim for spoliation of mold evidence, finding that her request was not timely (Simonetti Samuels v. Tishman Speyer Properties...
  • 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: 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: 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: New York Appellate Panel Affirms Dismissal Of Suit For Cell Phone Tower Removal

    NEW YORK - A First Department New York Supreme Court Appellate Division panel entered an opinion March 13 affirming dismissal of a declaratory judgment action filed by Manhattan residents who seek to have a cellular telephone tower removed because of alleged exposure to radio frequency radiation (Susan...
  • 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: 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: 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: 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: Federal Judge Stays Case Pending Appeal In Toxic Mine Exposure Case

    ST. LOUIS - A Missouri federal judge on March 14 granted a motion to stay a case filed by Peruvian children who allege that they suffered injuries as a result of toxic exposures from a mine in Peru, pending appeal to a U.S. appeals court of the judge's previous decision to refuse their application...
  • Blog Post: Louisiana Appellate Panel Upsets In Part Certification Of Chemical Release Class

    BATON ROUGE, La. - A divided Louisiana First Circuit Court of Appeal panel ruled March 14 that certification of the class action claims of East Baton Rouge residents for exposure to sulfuric acid following a February 1999 refinery release was in error in part based on the record (Henry T. Stewart III...
  • Blog Post: Fume Injury Claims Survive No-Evidence Judgment Motion In Illinois Federal Court

    CHICAGO - The personal injury claims of a truck driver alleging a respiratory injury from exposure to paint solvent fumes survived a defense motion for no-causation summary judgment in an order entered March 15 in the U.S. District Court for the Northern District of Illinois (Steven Noffsinger v. The...
  • 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: Federal Judge Dismisses Residents' Remaining Claims In Moldy Condo Action

    PANAMA CITY, Fla. - A Florida federal judge on March 19 dismissed the remaining claims asserted by residents of a condominium that allegedly contained mold and other defects against the owner of the complex, finding that they failed to show that the company committed fraud or breached their contract...
  • Blog Post: Judge Dismisses Action Against Asbestos Experts, Testing Service

    JACKSON, Miss. - A Mississippi federal judge on March 19 dismissed an action against various asbestos experts and a testing service, finding that the plaintiff failed to pursue the case (National Service Industries Inc., f/d/b/a North Brothers Inc. v. Jay T. Segarra, M.D., et al., No. 09-83, S.D Miss...
  • Blog Post: United Kingdom Health/Safety Executive Reports On Asbestos-Related Prosecution

    LONDON - The United Kingdom Health and Safety Executive (HSE) on March 20 announced that an English magistrate's court fined a demolition firm after it tore down a building that contained asbestos ceiling tiles without having the appropriate asbestos removal license (HSE/NW/751BT). Lexis.com subscribers...
  • 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: 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: 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: Company Hit With Share Of $21M Asbestos Verdict Settles, Drops Appeal

    SAN FRANCISCO - A construction company liable in an asbestos case that resulted in a $21,273,421 verdict against it and another defendant in 2011 dismissed its appeal March 22 after the parties reached a settlement, according to the docket (John Casey and Patricia Casey v. Asbestos Defendants., et al...