Mealeys

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Mealey's Toxic Tort/Environmental - J&J Battles Consolidated Asbestos-Talc Case In New Jersey
Posted on 18 Jul 2019 by Mealeys

NEW BRUNSWICK, N.J. - Johnson & Johnson knew that it had an asbestos problem and that safe alternatives existed but chose instead to plow ahead with talc as the basis for its baby powder, plaintiffs in a consolidated mesothelioma case told a jury... Read More

Mealey's Toxic Tort/Environmental - C8 Chemical Plaintiffs: DuPont's Motion To Exclude Experts Should Be Denied
Posted on 18 Jul 2019 by Mealeys

COLUMBUS, Ohio - A group of plaintiffs in the multidistrict litigation against E.I. du Pont de Nemours and Co. for alleged injuries connected to exposure to perfluorooctanoic acid (known as C8) on July 15 filed a brief in Ohio federal court contending... Read More

Mealey's Toxic Tort/Environmental - Judge Remands Glyphosate Cancer Case To Montana State Court
Posted on 18 Jul 2019 by Mealeys

GREAT FALLS, Mont. - A federal judge in Montana on July 17 remanded a glyphosate cancer lawsuit to state court, concluding that the plaintiffs sufficiently pleaded allegations against a local employee of Monsanto Co., the maker of the herbicide Roundup... Read More

Mealey's Toxic Tort/Environmental - 9th Circuit Upholds Dismissal Of ASARCO's Contribution Claim For Site Cleanup
Posted on 18 Jul 2019 by Mealeys

SEATTLE - A Ninth Circuit U.S. Court of Appeals panel on July 17 upheld a federal judge in Idaho's ruling that American Smelting and Refining Co. (ASARCO) could not seek contribution under the Comprehensive Environmental Response, Compensation, and... Read More

Mealey's Toxic Tort/Environmental - $305M Lead Paint Deal Reached By California Municipalities And Paint Companies
Posted on 18 Jul 2019 by Mealeys

SAN FRANCISCO - Ten California cities and counties on July 17 reached a $305 million deal with three former manufacturers of lead-based paint to address hazards and end nearly 20 years of litigation (The People of the State of California v. ConAgra Grocery... Read More

Mealey's Toxic Tort/Environmental - Flint Water Defendant Files Notice Listing Other Parties Liable For Contamination
Posted on 17 Jul 2019 by Mealeys

ANN ARBOR, Mich. - One of the defendants in the lawsuit brought by residents of Flint, Mich., related to the lead-contaminated water crisis in the city on July 12 filed a notice of nonparties at fault, contending that it is not liable because its involvement... Read More

Mealey's Toxic Tort/Environmental - Magnesium Producers Agree To Pay $33M For Utah Site Cleanup
Posted on 17 Jul 2019 by Mealeys

NEW YORK - The trustee of two bankrupt magnesium production companies and the current owner of a magnesium production facility in Rowley, Utah, on July 15 agreed to pay a combined $33 million to the federal government and the U.S. Department of Interior's... Read More

Mealey's Toxic Tort/Environmental - Asbestos Plaintiff Tells Court Standing Exists For Declaratory Action
Posted on 17 Jul 2019 by Mealeys

CHICAGO - A federal court may decide a plaintiff's declaratory judgment action seeking clarification of which party owns asbestos liabilities because even as a nonparty to the contract, the plaintiff has an interest in the issue and nothing in the... Read More

Mealey's Toxic Tort/Environmental - Federal Judge: E-Cigarette Makers Get 10 Months To Apply To FDA For OK Of Products
Posted on 17 Jul 2019 by Mealeys

WASHINGTON, D.C. - Noting the "extraordinary circumstances" of the rise in youth vaping, a federal judge in Maryland on July 11 ordered the Food and Drug Administration to enact a 10-month deadline for makers of e-cigarettes and other newly... Read More

Mealey's Toxic Tort/Environmental - New York Court: Printing Company Can't Stop Man From Pressing Asbestos Case
Posted on 17 Jul 2019 by Mealeys

NEW YORK - A man's testimony that he would clean up dust from asbestos-fitted printing machines was sufficient grounds on which to deny summary judgment, a New York appeals court held July 11 (Matter of New York City Asbestos Litigation, No. 190041... Read More

Mealey's Toxic Tort/Environmental - Judge Cuts Punitive Damages In Glyphosate Cancer Case, Denies Monsanto JNOV
Posted on 17 Jul 2019 by Mealeys

SAN FRANCISCO - A federal judge in California on July 15 issued an order that reduced the punitive damages award to a glyphosate cancer victim from $75 million to $20 million, saying that the size of the initial award was "constitutionally impermissible... Read More

Mealey's Toxic Tort/Environmental - Justice: Boiler Maker Escapes Securities Analyst's Asbestos Exposure Suit
Posted on 12 Jul 2019 by Mealeys

NEW YORK - Insufficient evidence suggests that a building a securities analyst recalled visiting on a sprawling campus is the same building where a man recalled working with the defendant's products in an unrelated case, a New York justice held in... Read More

Mealey's Toxic Tort/Environmental - 5th Circuit Agrees To En Banc Rehearing Of Clean Air Act Ruling
Posted on 11 Jul 2019 by Mealeys

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on July 10 agreed to an en banc rehearing of a panel majority's October ruling that reversed a federal judge in Texas' decision that the federal government could not pursue injunctive relief... Read More

Mealey's Toxic Tort/Environmental - Federal Judge Refuses To Lift Stay Of Clean Water Act Suit
Posted on 10 Jul 2019 by Mealeys

COLUMBIA, Tenn. - A federal judge in Tennessee on July 8 denied a plaintiff company's motion to lift a stay on its claims under the Clean Water Act (CWA) and Resource Conservation and Recovery Act (RCRA), finding that the stay is intended to postpone... Read More

Mealey's Toxic Tort/Environmental - New York Justice Quashes Chanel's Subpoenas, Asbestos Discovery Requests
Posted on 10 Jul 2019 by Mealeys

NEW YORK - A consumer talc company's subpoenas seek information it can obtain through other means, and the defendant has not shown that it made any attempt to obtain cooperation from out-of-state individuals who provided talc samples for testing before... Read More

  • 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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 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: 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...