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Mealey's Toxic Tort/Environmental - Attorneys Debate Flint Water Crisis Retaliation Claims At 6th Circuit

CINCINNATI - Attorneys for the city of Flint, Mich., and those for the woman who was formerly the city administrator before she became a whistleblower presented arguments on May 4 before the Sixth Circuit U.S. Court of Appeals debating the validity of the woman's claim for retaliation under the Michigan...

Mealey's Toxic Tort/Environmental - Dismissal Of Man's Clean Water Act Suit Upheld By 4th Circuit

RICHMOND, Va. - A federal judge in Maryland did not err when dismissing a man's lawsuit accusing a funeral home of allegedly violating the Clean Water Act (CWA) by not obtaining the required permit, a Fourth Circuit U.S. Court of Appeals panel ruled May 7, finding that the plaintiff's only sufficient...

Mealey's Toxic Tort/Environmental - 4th Circuit Upholds Shipping Companies' Convictions Over Illegal Discharges

RICHMOND, Va. - A Fourth Circuit U.S. Court of Appeals panel on May 7 affirmed the convictions of two shipping companies accused of being vicariously liable for the two head crew members' obstruction of justice, failure to accurately maintain a ship's Oil Record Book and making false statements...

Mealey's Toxic Tort/Environmental - Some Claims For Groundwater Contamination May Proceed Against New GM, Judge Says

NEW YORK - A judge in the U.S. Bankruptcy Court for the Southern District of New York on May 4 partially granted an injunction sought by debtor General Motors LLC, known as New GM, and concluded that some groundwater contamination claims asserted by Michigan residents could proceed, but only with regard...

Mealey's Toxic Tort/Environmental - Appeals Court Agrees Couple's Suit Over Roof Trusses Is Time-Barred

SPOKANE, Wash. - A couple could have determined that the trusses installed on their custom-built home were defective in 2007 after receiving the engineer-stamped designs, a Washington appeals court ruled May 8, upholding a trial court's decision that the plaintiffs' breach of warranty and Washington...

Mealey's Toxic Tort/Environmental - Subcontractor Waived Argument Over Jurisdiction In Defects Suit, Panel Finds

ST. PAUL, Minn. - A subcontractor accused of construction defects waived its argument that it was not properly served with a third-party complaint by a general contractor and an amended complaint from a homeowners association, a Minnesota Court of Appeals panel ruled May 7, holding that the subcontractor...

Mealey's Toxic Tort/Environmental - Co-Liaison Counsel In Flint Water Case: Class Counsel Should Be Removed

DETROIT - The co-liaison counsel that represents some of the individual plaintiffs in the lead-contaminated water crisis lawsuit brought against the city of Flint, Mich., on May 7 filed a reply brief in Michigan federal court contending that joint representation of the class and thousands of individuals...

Mealey's Toxic Tort/Environmental - JPMDL Transfers Cases Against DuPont To C8 Injury MDL, For A Total Of 3,423

WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation (JPMDL) on May 10 transferred seven cases to the multidistrict litigation in the U.S. District Court for the Southern District of Ohio (In re: E.I. du Pont de Nemours and Co. C8 Personal Injury Litigation, MDL No. 2433, No. 13-2433, S...

Mealey's Toxic Tort/Environmental - Expert Can Offer Limited Testimony On Impacts Of Sediment Runoff, Judge Says

GULFPORT, Miss. - A coastal services professor designated as an expert for an environmental group claiming that a contractor's road construction project is violating the Clean Water Act by disposing of excessive amounts of sediment in the Biloxi Back Bay can offer limited testimony regarding how...

Mealey's Toxic Tort/Environmental - Washington County Says Oil Companies Withheld Dangers Of Climate Change

SEATTLE - A Washington county on May 8 sued five oil companies in state court, contending that they "borrowed the Big Tobacco playbook" when failing to disclose that the burning of fossil fuels is linked to global warming and climate change that has adversely affected public and private property...

Mealey's Toxic Tort/Environmental - Supreme Court Grants Review In Maritime Bare-Metal Asbestos Case

WASHINGTON, D.C. - The Supreme Court on May 14 agreed to review a Third Circuit U.S. Court of Appeals ruling that maritime law permits holding a manufacturer liable for third-party asbestos-containing replacement parts (Air and Liquid Systems Corp, et al. v. Roberta G. DeVries, et al., No. 17-1104, U...

Mealey's Toxic Tort/Environmental - Arizona High Court: No Duty On Employer To Prevent Take-Home Asbestos Exposure

PHOENIX - Arizona does not impose a duty on employers to protect household members from asbestos absent evidence of a special relationship or public policy to the contrary, the state's high court held May 11 in a divided opinion (Mary Quiroz, et al. v. Alcoa Inc., et al., No. 16-0248, Ariz. Sup....

Mealey's Toxic Tort/Environmental - Iowa Man's Glyphosate Cancer Case Against Monsanto Sent To Roundup MDL

WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation (JPMDL) on May 10 transferred to the multidistrict litigation for Roundup products liability litigation a case in which an Iowa man contends that he developed T-cell lymphoma as a result of exposure to glyphosate and other chemicals in...

Mealey's Toxic Tort/Environmental - Justice Finds Testimony Supports Cookie Factory Worker's Asbestos Case

NEW YORK - A mechanic's testimony that he worked with an electrician at a cookie factory creates questions regarding whether they worked together and negates the need for an asbestos defendant to have cross-examined the electrician about the co-worker in his own asbestos case, a New York justice...

Mealey's Toxic Tort/Environmental - Release Requires Contractor To Indemnify Lumber Liquidators, Judge Finds

PROVIDENCE, R.I. - A release agreement between a general contractor and Lumber Liquidators Inc. resolving warranty claims stemming from bamboo flooring that buckled due to the lack of expansion spaces requires the contractor to indemnify the company for allegations brought by the developer of a condominium...

Mealey's Toxic Tort/Environmental - Groups Challenge EPA Rule Scrapping Greenhouse Gas Emission Standards For Cars

WASHINGTON, D.C. - The Natural Resource Defense Council and six other groups on May 15 filed a petition in the District of Columbia U.S. Circuit Court of Appeals challenging a recent U.S. Environmental Protection Agency rule that would eliminate greenhouse gas emissions standards for cars, sport utility...

Mealey's Toxic Tort/Environmental - FDA's Deeming, User Fee Rules Largely Upheld By D.C. Federal Judge

WASHINGTON, D.C. - In a 70-page summary judgment issued May 15, a District of Columbia federal judge confirmed as constitutional the U.S. Food and Drug Administration's May 2016 "Deeming" and "User Fee" Rules, finding only one provision relating to in-store blending of pipe tobacco...

Mealey's Toxic Tort/Environmental - Judge Asks Massachusetts Court If Statute Of Repose Applies To Asbestos Cases

BOSTON - A federal judge on May 14 filed a certified question to the Massachusetts Supreme Judicial Court, asking whether the state's six-year statute of repose applies to an asbestos case, creating absolute immunity for a turbine generator manufacturer (June Stearns, et al. v. Metropolitan Life...

Mealey's Toxic Tort/Environmental - Maryland Court Orders New Trial In $5M Asbestos Friction-Products Case

BALTIMORE - An illogical $5 million asbestos verdict finding defendants liable for negligently failing to warn but not the lower standard of strict liability failure to warn likely arose from jury instruction error and warrants a new trial, a Maryland appeals court held May 11 (Mack Trucks Inc., et al...

Mealey's Toxic Tort/Environmental - Wisconsin Court: No Interplay Between Asset Law, Asbestos Successor Liability

WAUSAU, Wis. - A Wisconsin statute governing fraudulent transfer of assets does not alter the fraudulent transfer exception analysis to the general rule against successor liability, a majority of the state's Supreme Court held May 15 (Penny L. Springer v. Nohl Electric Products Corp., et al., No...

Mealey's Toxic Tort/Environmental - New York Justice Finds Similar Asbestos Products Insufficient For Joint Trial

NEW YORK - Similar types of products at the heart of two men's asbestos exposures are not enough to overcome different vectors of exposure and diseases, a New York justice held in denying consolidated trial in an opinion posted May 15 (Joseph Montebianco, et al. v. A.O. Smith Corp., et al., No. 190185...

Mealey's Toxic Tort/Environmental - NL Industries Agrees To $60M Settlement Of California Lead Paint Litigation

SANTA CLARA, Calif. - Former lead paint manufacturer NL Industries Inc. has agreed to pay $60.18 million to 11 California counties and municipalities for lead paint remediation, according to a May 16 press release from Santa Clara County (County of Santa Clara, et al. v. Atlantic Richfield Company, et...

Mealey's Toxic Tort/Environmental - Washington High Court Majority Finds Emails Between County, Department Privileged

OLYMPIA, Wash. - A 7-2 Washington Supreme Court on May 17 found that emails between a county and the Washington Department of Ecology were protected from disclosure under the Public Records Act (PRA) because they were work product and because the sharing of the information between the parties did not...

Mealey's Toxic Tort/Environmental - Evidence Lacking Against Asbestos-Talc Defendant, California Court Says

LOS ANGELES - Factually devoid discovery responses and questionable chain of custody over allegedly asbestos-tainted talc samples sinks a man's case, a California appeals court affirmed May 16 (John Wittman v. Coty Inc., No. B286135, Calif. App., 2nd Dist.).

Mealey's Toxic Tort/Environmental - New York Appeals Court Affirms Summary Judgment Denial In Lead Case

NEW YORK - A New York state appeals court on May 15 affirmed a trial court's denial of summary judgment in a lead exposure lawsuit, saying the record demonstrates that lead abatement did not begin until after the plaintiff was diagnosed with high blood-lead levels (Christopher Brown v. Wendy Webb...