LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - Deckhand's Subsistence Claim Was Properly Denied, 5th Circuit Panel Finds

NEW ORLEANS - A federal judge in Louisiana's decision to decline review of rulings rejecting a subsistence claim filed by a former deckhand who worked aboard a ship that aided in the cleanup of the oil spill in the Gulf of Mexico following the April 20, 2010, explosion of the Deepwater Horizon oil...

Mealey's Toxic Tort/Environmental - 3rd Circuit Affirms Man's Sentence For Role In $3.8M Superfund Kickback Scheme

PHILADELPHIA - A Third Circuit U.S. Court of Appeals on April 28 affirmed a man's conviction and order to pay $3.8 million in restitution for violating the Anti-Kickback Act when bidding for work to clean up a Superfund site in New Jersey, holding that the evidence presented by the government was...

Mealey's Toxic Tort/Environmental - Asbestos-Talc Defendant Accused Of Fraud Wants Plaintiffs' Counsel Sanctioned

NEWARK, N.J. - Class counsel's failure to comply with basic discovery obligations requires imposing sanctions and an order mandating compliance, a company accused of hiding and destroying evidence of asbestos-contamination of its talc 25-years ago told a federal judge in New Jersey on May 1. Meanwhile...

Mealey's Toxic Tort/Environmental - Missouri Court Affirms $10M Punitive Award, Rejects Crane Co.'s Bare-Metal Defense

ST. LOUIS - Sufficient evidence supports failure-to-warn and design defect claims against Crane Co., as well as a jury's eventual $10 million punitive damages award, a Missouri appeals court held May 2 while also rejecting the company's argument that it could not be liable for asbestos-containing...

Mealey's Toxic Tort/Environmental - Groups Files Amicus Briefs Urging U.S. Supreme Court Review Of Lago Agrio Ruling

WASHINGTON, D.C. - Environmental groups filed two amicus curiae briefs in the U.S. Supreme Court on May 1, arguing that the high court should hear the appeal of a group of Ecuadorian residents and their attorney, who challenge an $18.5 billion fraud judgment they previously won against Chevron Corp....

Mealey's Toxic Tort/Environmental - New York Jury Hands Boiler Company Verdict In Asbestos Case

NEW YORK -

Mealey's Toxic Tort/Environmental - Judge Grants In Part Motion To Consolidate CERCLA Suits

NEWARK, N.J. - Two lawsuits stemming from contamination at a site formerly owned by Aluminum Corporation of America, A.P. (Alcoa) were consolidated for discovery purposes by a federal judge in New Jersey on May 3 because the judge found that the suits shared common issues of fact and because consolidation...

Mealey's Toxic Tort/Environmental - Court Affirms Workers' Comp Award Involving Asbestos, Bladder Cancer

HARRISBURG, Pa. - While not uncontested, enough evidence supports a law judge's conclusion that an employee was both exposed to asbestos and other chemicals within the compensable period for a workers' compensation claim and that the exposure was significant enough to cause bladder cancer, a...

Mealey's Toxic Tort/Environmental - Indiana Environmental Law Allows For Contribution, Federal Judge Finds

INDIANAPOLIS - A federal judge in Indiana on May 8 denied a defendant company's motion to dismiss a claim for contribution under the Indiana Environmental Legal Action (ELA) statute, finding that there is no case law to support the argument that the act does not allow for such a remedy (Von Duprin...

Mealey's Toxic Tort/Environmental - Florida Jury Awards Smoker's Widow $858,209 In Tobacco Suit

OCALA, Fla. - A Florida state court jury on May 9 awarded a woman $858,209 in compensatory damages after finding that her husband's cancer and death was caused by his addiction to cigarettes (Joy Lawrence v. R.J. Reynolds, No. 2009-CA-000178, Fla. 5th Jud. Cir. Marion Co.).

Mealey's Toxic Tort/Environmental - Louisiana Parish Announces $45M Settlement With BP Over Gulf Oil Spill Damages

BELLE CHASSE, La. - Plaquemines Parish President Amos Cormier on May 9 announced that a $45 million settlement had been reached between the parish and BP Exploration & Production Inc. over damages stemming from the oil spill in the Gulf of Mexico that followed the explosion of the Deepwater Horizon...

Mealey's Toxic Tort/Environmental - Parties Debate Expert Witness Exclusion Before 9th Circuit In Groundwater Lawsuit

PASADENA, Calif. - Attorneys for the City of Pomona, Calif., and a chemical company debated before the Ninth Circuit U.S. Court of Appeals on May 10 whether the city's groundwater contamination lawsuit should be reopened due to the city's allegation that a district court improperly excluded some...

Mealey's Toxic Tort/Environmental - Delaware Judge Won't Reconsider Manufacturer Take-Home Duty Ruling

WILMINGTON, Del. - A woman allegedly exposed to asbestos carried home on her husband's clothing has not alleged a change in law or newly discovered evidence that warrants revisiting a ruling that a manufacturer is not liable for her injuries, a Delaware state judge held May 11 (Elizabeth Ramsey,...

Mealey's Toxic Tort/Environmental - 2nd Circuit Refuses To Overturn Ruling That Lessees Were Not Site Owners

NEW YORK - A Second Circuit U.S. Court of Appeals panel on May 11 refused to overturn the ruling in Commander Oil Corp. v. Barlo Equip. Corp., 215 F.3d 321, 329 (2000), which sets out when a lessee can be considered an owner of a property under the Comprehensive Environmental Response, Compensation,...

Mealey's Toxic Tort/Environmental - Court Questions Duty Precedent On Way To Vacating $4.6 Million Asbestos Award

JACKSON, Tenn. - A divided Tennessee Court of Appeals panel vacated a $4.6 million take-home asbestos verdict May 12, finding that the jury instructions improperly allowed a jury to find negligence without first finding a defective product. All three judges questioned precedent governing how the state's...

Mealey's Toxic Tort/Environmental - Florida Jury Awards $6.8 Million To Widow In Tobacco Suit

ORLANDO, Fla. - A Florida state court jury on May 12 awarded the widow of a smoker $5 million in punitive damages in an Engle progeny suit, bringing the total award to $6.8 million (Mary Sheffield v. R.J. Reynolds Tobacco Co., No. 2013-CA-009469, Fla. 9th Jud. Cir., Orange Co.).

Mealey's Toxic Tort/Environmental - Chevron: No Legal Issue In Lago Agrio Case Warrants High Court Review

WASHINGTON, D.C. - Chevron Corp. on May 15 filed a brief in the U.S. Supreme Court arguing that, with regard to the petition for writ of certiorari filed by a group of Ecuadorian residents and their attorney who challenge a fraud ruling with regard to an $18.5 billion judgment they previously won against...

Mealey's Toxic Tort/Environmental - 5th Circuit: Shrimp Processor Was A Failed Business, Should Repay $1M Payout

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on May 12 affirmed a federal judge in Louisiana's ruling ordering a shrimp-processing company to repay more than $1 million it received from the Deepwater Horizon Economic Claims Center (DHECC), finding that the company misrepresented that...

Mealey's Toxic Tort/Environmental - Majority Of Colorado High Court Finds Blunt Wraps Taxable

DENVER - A Colorado Supreme Court majority on May 15 determined that blunt wraps are a tobacco product and subject to taxation under Colorado's tobacco tax because they are a "kind" or "form" of tobacco and fall within "the plain language of 'tobacco products'"...

Mealey's Toxic Tort/Environmental - Talc Company Accused Of Fraud Doesn't Need Discovery, Asbestos Plaintiffs Argue

NEWARK, N.J. - Discovery into underlying asbestos claims is not warranted in a class action alleging that a talc company destroyed evidence relevant to asbestos claims because the case involves the scheme to protect the company from liability, not the tort actions, plaintiffs told a federal judge in...

Mealey's Toxic Tort/Environmental - Justice Receives Briefing On Import Of New York Asbestos Causation Ruling

NEW YORK - Parties filing post-trial motions after a $7 million asbestos-tainted talc verdict in New York briefed a justice on May 15 over whether a February ruling involving the state's causation standard eliminates the ability to prove asbestos cases using cumulative exposure and visible dust evidence...

Mealey's Toxic Tort/Environmental - 5th Circuit: Administrator Did Not Misapply Agreement When Denying Grocer's Claim

NEW ORLEANS - A federal judge in Louisiana did not abuse his discretion when refusing to review the denial of a food grocer's claim for $2.4 million under the Deepwater Horizon Economic and Property Damages Class Action Settlement, a Fifth Circuit U.S. Court of Appeals panel ruled May 18, holding...

Mealey's Toxic Tort/Environmental - Judge Finds Jurisdiction Lacking In Asbestos Case Against German Auto Maker

MIAMI - A German automaker's contacts with Florida are insufficient grounds on which to exercise jurisdiction over the company, a Florida appeals court held May 17 (Volkswagen Aktiengesellschaft d/b/a Volkswagen AG v. Carol Jones, et al., No. 2D15-5716, Fla. App., 2nd Dist.).

Mealey's Toxic Tort/Environmental - Court Finds Work Testimony, Presence Of Asbestos Establishes Exposure

TRENTON, N.J. - Evidence that a man worked with asbestos and that Union Carbide Corp. supplied more than 40,000 pounds of the mineral to the facility at which he worked are enough to establish exposure, even without a direct link, a New Jersey appeals court held in reversing judgment May 17 (Thomasina...

Mealey's Toxic Tort/Environmental - 11th Circuit Finds Federal Law Does Not Preempt Engle Progeny Claims

ATLANTA - A majority of the 11th Circuit U.S. Court of Appeals in an en banc decision on May 18 ruled that federal law does not preempt smokers from filing negligence suits against tobacco companies and affirmed a $2.75 million verdict in an Engle progeny suit (Theresa Graham v. R.J. Reynolds Tobacco...