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Mealey's Toxic Tort/Environmental - Florida Federal Jury: Aerospace Company Not Negligent In Man's Death

JACKSONVILLE, Fla. - A Florida federal jury on July 26 found that Dexter-Hysol Aerospace LLC and Henkel Corp. did not negligently design an adhesive that was a legal cause of loss, injury or damage to an aviation structural mechanic who was allegedly exposed to asbestos-containing products during his...

Mealey's Toxic Tort/Environmental - 9th Circuit: Emissions From Smelter Do Not Constitute Disposal Of Hazardous Waste

SEATTLE - A Ninth Circuit U.S. Court of Appeals panel on July 27 reversed a Washington federal judge's ruling dismissing Indian tribes' claim under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), finding that a Canadian company's emissions from its smelter...

Mealey's Toxic Tort/Environmental - Cemex To Pay $11.6M To Resolve Claims Over Nitrogen Oxide Emissions

KNOXVILLE, Tenn. - Cemex Inc. entered into proposed consent decree in Tennessee federal court on July 27 in which it agreed to invest approximately $10 million on technology to cut emissions of nitrogen oxide at five of its cement manufacturing plants to resolve alleged violations of the Clean Air Act...

Mealey's Toxic Tort/Environmental - Judge: Findings Failed To Determine How Painting Contributed To Contamination

PITTSBURGH - A federal judge in Pennsylvania on July 27 granted in part a plaintiff company's motion to clarify findings of fact and conclusions of law regarding contamination at a site in Greenville, Pa., explaining that the parties did not present evidence as to how the defendant company's...

Mealey's Toxic Tort/Environmental - Companies Agree To Pay $28.6M To Clean Up Georgia Superfund Site

BRUNSWICK, Ga. - Honeywell International Inc. and Georgia Power Co. on July 29 agreed to pay $28.6 million to remove and isolate contaminated sediment at the LCP Chemicals Superfund site in Brunswick, according to a consent decree filed in Georgia federal court (United States of America v. Honeywell...

Mealey's Toxic Tort/Environmental - Panel: Court Lacks Authority To Rule On Policy Denying Agent Orange Benefits

WASHINGTON, D.C. - A District of Columbia Circuit U.S. Court of Appeals panel on July 29 affirmed a lower court's decision that it lacked authority to rule on the appeal filed by a group of veterans who contended that the U.S. Department of Veterans Affairs' (VA) decision to deny benefits for...

Mealey's Toxic Tort/Environmental - Oil Spill MDL Judge: 2 Plaintiffs Can Pursue Claims Against Responders

NEW ORLEANS - The federal judge in Louisiana overseeing litigation stemming from the oil spill in the Gulf of Mexico following the explosion of the Deepwater Horizon oil rig in April 2010 on Aug. 2 ruled that only two plaintiffs can pursue claims for injuries they allegedly suffered while attempting...

Mealey's Toxic Tort/Environmental - Mistrial Declared In Florida Tobacco Suit

MIAMI - After a "tragedy" came upon a juror in a tobacco product liability suit the morning before the jury was set to continue deliberations, a Florida judge on Aug. 5 declared a mistrial because there were not enough jurors to continue deliberations (Barbara Morales v. R.J. Reynolds Tobacco...

Mealey's Toxic Tort/Environmental - Ruling Stands In Lago Agrio Case, 2nd Circuit Says; $18.5B Award Fraudulent

NEW YORK - The Second Circuit U.S. Court of Appeals on Aug. 8 ruled that a district court did not commit error when it ruled that an attorney and the Ecuadorian plaintiffs who sued Chevron Corp. committed fraud and violated the Racketeer Influenced and Corrupt Organizations Act when they won an $18.5...

Mealey's Toxic Tort/Environmental - Residents: Governor, Officials Cannot Evade Responsibility In Flint Water Crisis

DETROIT - Residents who sued Michigan Gov. Rick Snyder and state officials alleging liability for the lead-contaminated drinking water in the City of Flint, Mich., on Aug. 8 filed a brief in a Michigan federal court opposing the defendants' motion for summary judgment dismissal. The plaintiffs insist...

Mealey's Toxic Tort/Environmental - New York Federal Judge Grants Partial Judgment On RICO Claims For UPS

NEW YORK - A federal judge in New York on Aug. 9 granted the United Parcel Service Inc.'s motion for partial summary judgment on Racketeer Influenced and Corrupt Organization (RICO) claims brought against it by the State of New York and New York City because the plaintiffs have not presented enough...

Mealey's Toxic Tort/Environmental - Florida Appellate Court Upholds $1.3 Million Judgment For Tobacco Plaintiff

LAKELAND, Fla. - A Florida appellate panel on Aug. 10 affirmed a $1.3 million verdict against two tobacco companies in an Engle progeny suit, saying the state law tort claims pursuant to the original Engle findings do not prohibit states from selling cigarettes (Philip Morris USA Inc., et al. v. James...

Mealey's Toxic Tort/Environmental - Federal Judge Denies Tobacco Plaintiff's Motion To Reinstate Punitives

MIAMI - A federal judge in Florida on Aug. 9 denied an Engle progeny plaintiff's motion seeking to reinstate $20 million in punitive damages because the issue the plaintiff raised on appeal is better suited for the 11th Circuit U.S. Court of Appeals to rule on (Judith Berger v. R.J. Reynolds Tobacco...

Mealey's Toxic Tort/Environmental - Woman Opposes Stay While 9th Circuit Considers Remand Appeal

SAN FRANCISCO - An aircraft adhesives defendant has little chance of prevailing on a nonappealable order finding its removal of an asbestos action untimely, especially in light of the court's questions regarding jurisdiction over the case, a woman argues in an Aug. 11 brief asking the Ninth Circuit...

Mealey's Toxic Tort/Environmental - Florida Jury Awards $5 Million To Widow In Tobacco Suit

MIAMI - A Florida jury on Aug. 15 awarded the estate of a man who died from lung cancer as a result of smoking cigarettes $5 million in compensatory damages after finding that the deceased was a member of the Engle class (Hazel Mathis v. R.J. Reynolds Tobacco Co., No. 2007-CA-47118, Fla. Cir., 11th Jud...

Mealey's Toxic Tort/Environmental - Navajo Nation Sues EPA, Mining Companies For 2015 Spill Of Toxic Mine Water

ALBUQUERQUE, N.M. - The Navajo Nation sued the U.S. Environmental Protection Agency and several mining companies Aug. 16 in New Mexico federal court, seeking to hold the EPA and companies liable for a massive release of contaminated mine water a year ago that polluted the San Juan River, one of the tribe's...

Mealey's Toxic Tort/Environmental - 2nd Circuit Denies Hearing On Motion To Certify Questions About Chemical Leak

NEW YORK - A panel of the Second Circuit U.S. Court of Appeals on Aug. 15 denied an en banc hearing to a class of plaintiffs who sought to certify state law questions related to their allegations that they suffered personal injuries from exposure to fugitive chemicals from Union Carbide Corp.'s ...

Mealey's Toxic Tort/Environmental - Military Equipment Maker Tells 4th Circuit Facts Support Asbestos Case's Removal

BALTIMORE - Military equipment manufactured and supplied in compliance with military specifications and under "intense supervision" meets the broad standard for federal officer removal, an asbestos defendant told the Fourth Circuit U.S. Court of Appeals on Aug. 12 (Janya Sawyer, et al. v. Union...

Mealey's Toxic Tort/Environmental - Creosote Injury Defendant: Plaintiffs' Claims Barred By Settlement Injunction

NEW YORK - One of the defendants in a lawsuit brought by plaintiffs who allege they have been harmed as a result of exposure to wood treated with creosote on Aug. 15 filed a brief in the Second Circuit U.S. Court of Appeals contending that despite a settlement between the parties and an injunction from...

Mealey's Toxic Tort/Environmental - Asbestos MDL Ship Owners Waived Jurisdiction Objections, 3rd Circuit Rules

PHILADELPHIA - Two ship-owner defendants still litigating nearly 30-year-old asbestos cases waived personal jurisdiction defenses by at one point seeking trial in the court to which they now object, the Third Circuit U.S. Court of Appeals said Aug. 17 (Lionel C. Wilson, Joseph F. Braun, and Thomas Guiden...

Mealey's Toxic Tort/Environmental - Justice Permits Suit Against Valve Company For Subsidiary's Actions

NEW YORK - A defendant has not adequately shown that it operates apart from a subsidiary and seeks a "level of testimonial precision" about exposure improper for asbestos cases, a New York justice held Aug. 17, denying a motion for summary judgment (Gaspar Hernandez-Vega v. Air & Liquid...

Mealey's Toxic Tort/Environmental - Flint Water Crisis Defendants: There Is No Constitutional Right To Drinking Water

DETROIT - Employees of the Michigan Department of Environmental Quality (MDEQ) on Aug. 22 moved to dismiss a lawsuit filed in Michigan federal court by a purported class of Flint, Mich., residents, contending that they are entitled to absolute immunity with regard to the plaintiffs' claims stemming...

Mealey's Toxic Tort/Environmental - 9th Circuit Declines To Stay Remand While It Considers Asbestos Challenge

SAN FRANCISCO - An aircraft adhesives defendant lost its battle to stay an asbestos case and expedited hearing of its challenge to a remand order on Aug. 22, when the Ninth Circuit U.S. Court of Appeals discharged its order to show cause, denied the defendant's motion and sent the case to the merits...

Mealey's Toxic Tort/Environmental - California Top Court Won't Review Grinding Machine Asbestos-Liability Ruling

SAN FRANCISCO - The California Supreme Court on Aug. 24 declined a motion seeking review of an appellate ruling holding that a grinding machine's inevitable use with third-party asbestos-containing automobile brakes creates potential liability under strict liability and negligence theories, according...

Mealey's Toxic Tort/Environmental - Widow: U.S. Supreme Court Should Hear Benzene Death Case Due To Circuit Split

WASHINGTON, D.C. - The U.S. Supreme Court on Aug. 24 put on its docket a widow's appeal of an appellate court ruling that affirmed the dismissal of her wrongful death lawsuit against Shell Oil Co. for her husband's alleged exposure to gasoline containing benzene (Yolande Burst v. Shell Oil Company...