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Mealey's Toxic Tort/Environmental - Justice: Regulatory Evidence, Tyndall Lighting Tests Admissible At Asbestos Trial

NEW YORK - Some post-exposure regulatory material, evidence relating to studies involving animals and videotapes of Tyndall lighting tests demonstrating the dust released during certain work may be used at an asbestos trial, a justice in New York held in an opinion posted April 11 (Jeanne Evans, et al...

Mealey's Toxic Tort/Environmental - 6th Circuit: Modification Of Consent Decree For Power Plants Violated Agreement

CINCINNATI - The modification of a consent decree that extended the deadline for upgrades to one of two coal-burning power plants in Rockport, Ind., violated a contract between owners and operators of the facility because it would require the owners to make the improvements and pay for them after expiration...

Mealey's Toxic Tort/Environmental - Residents Seek Damages From State, City For Flint, Mich., Lead Water Crisis

DETROIT - A group of Flint, Mich., residents on April 13 sued state and city officials in Michigan federal court, contending that they are liable for lead contamination in the city's drinking water for their respective roles in making the decision to use the Flint River as the water supply for the...

Mealey's Toxic Tort/Environmental - Ex-Chemistry Teacher's Asbestos Action Belongs In Indonesia, Panel Says

SAN FRANCISCO - Indonesia's interests in preventing, and compensating for, asbestos exposures by residents support a judge's conclusion that Hawaii is not the best forum for a former chemistry teacher's lawsuit, a divided Ninth Circuit U.S. Court of Appeals panel held April 14 (James S. Herbert...

Mealey's Toxic Tort/Environmental - Ohio Top Court Agrees To Hear Asbestos Causation Testimony Challenge

CLEVELAND - Ohio's Supreme Court on April 19 agreed to wade into a dispute over the admissibility of expert causation testimony in an asbestos case, according to its docket (Mark Schwartz, et al. v. Honeywell International Inc., et al., No. 103377, Ohio Sup.).

Mealey's Toxic Tort/Environmental - 2nd Circuit Dismisses Creosote Injury Case Brought Against Chemical Company

NEW YORK - A panel of the Second Circuit U.S. Court of Appeals on April 20 ruled that it lacked jurisdiction to decide a case in which a group of residents sued Tronox Inc. contending that they had been harmed as a result of exposure to wood treated with creosote at the company's plant in Pennsylvania...

Mealey's Toxic Tort/Environmental - Magistrate Judge Finds Port's Product Liability Claims Against Monsanto Are Timely

PORTLAND, Ore. - A federal magistrate judge in Oregon on April 18 recommending denying Monsanto Co.'s motion to dismiss product liability claims brought by the Port of Portland, over polychlorinated biphenyl (PCB) contamination, finding that the plaintiff does not clearly state when it discovered...

Mealey's Toxic Tort/Environmental - Jury Awards $81.5M After Asbestos Friction-Parts Trial In Washington State

TACOMA, Wash. - A Washington jury awarded $81.5 million April 17 to a widow and her two daughters in their case alleging that their decedent suffered exposure to asbestos in automobile friction products, sources told Mealey's Publications (Gerri Coogan, et al. v. Genuine Parts Co. et al., No. 15...

Mealey's Toxic Tort/Environmental - Iowa Court Reverses, Orders Retrial Of $4 Million Asbestos Verdict

DES MOINES, Iowa - Counsel's "continuous disregard" for rulings excluding evidence of how much a defendant spent defending asbestos actions and the application of the statute of repose requires a new trial, an Iowa appeals court held April 19 (Shari Kinseth and Ricky Kinseth, et al. v....

Mealey's Toxic Tort/Environmental - Federal Judge Orders Volkswagen To Pay $2.8B Fine

DETROIT - A federal judge in Michigan on April 21 ordered Volkswagen AG to pay a $2.8 billion fine for equipping its diesel vehicles with software designed to cheat emissions tests after the company pleaded guilty to counts of conspiracy to defraud the United States, wire fraud and violations of the...

Mealey's Toxic Tort/Environmental - Judge: Volkswagen Buyers Cannot Seek Restitution In Criminal Proceeding

DETROIT - Consumers who purchased Volkswagen vehicles with software designed to cheat emissions tests cannot seek restitution from the auto manufacturer as part of criminal proceedings brought by the federal government against the company because it would unduly prolong the sentencing process, a federal...

Mealey's Toxic Tort/Environmental - Jury Awards $15 Million To Widow Of Smoker In Engle Progeny Suit

TAMPA, Fla. - A Florida jury on April 21 awarded the widow of a smoker in a tobacco suit a total of $12 million in punitive damages, bringing the total award against a tobacco company to $15 million (Mary Lima v. R.J. Reynolds, et al., No. 2015CA007140, Fla. Cir., 13th Jud. Cir. Hillsborough Co.).

Mealey's Toxic Tort/Environmental - Judge Rejects Challenge To Causation Testimony In Asbestos Case

NEW YORK - Requiring experts to actually sample and test the release of asbestos fibers from products would be fatal to almost all cases, given the lack of existing products to test and their inherent hazards, a New York justice held in allowing the testimony of three experts in an opinion posted April...

Mealey's Toxic Tort/Environmental - Jury's Duty Finding Nixes Third-Party Parts Liability Question, Court Finds

WILMINGTON, Del. - A jury's finding that Ford Motor Co. did not fail to warn about the dangers of asbestos-containing replacement brakes makes the question of liability for third-party parts irrelevant, Delaware's top court held April 21 (In re: Asbestos Litigation Donna F. Walls, et al. v. Ford...

Mealey's Toxic Tort/Environmental - 6th Circuit: Local Controversy Exception Not Applicable In Flint Water Crisis Case

CINCINNATI - A panel of the Sixth Circuit U.S. Court of Appeals on April 25 ruled that the local controversy exception to the Class Action Fairness Act (CAFA) did not apply in a putative class action related to the Flint water crisis, and it reversed a district court's decision sending the case back...

Mealey's Toxic Tort/Environmental - Jury Finds For Tobacco Company In Engle Progeny Suit

WEST PALM BEACH, Fla. - A jury in Florida on April 24 found for R.J. Reynolds Tobacco Co. in a suit in which a woman claimed that the tobacco company was responsible for her husband's laryngeal cancer and subsequent death because it intentionally hid the dangers of smoking from him (Doris Shadd v...

Mealey's Toxic Tort/Environmental - D.C. Circuit Court Remands Tobacco Suit To Rework Preamble Of Smoking Statement

WASHINGTON, D.C. - A District of Columbia Circuit U.S. Court of Appeals panel on April 25 remanded a suit in which the United States alleged that several tobacco companies misled the public about the harmfulness of cigarettes to a district court with instructions to alter preambles the lower court had...

Mealey's Toxic Tort/Environmental - Premarital Asbestos Exposure Can't Bar Consortium Claim, Florida Top Court Told

WEST PALM BEACH, Fla. - An appeals court erred in concluding that because a man's asbestos exposure occurred prior to marriage, his widow cannot pursue a statutory loss of consortium claim, the woman told the Florida Supreme Court April 21 (Janis Kelly, et al. v. Georgia-Pacific LLC, et al., No....

Mealey's Toxic Tort/Environmental - 11th Circuit Affirms Expert, Household Duty Rulings In $3M Asbestos Verdict

BIRMINGHAM, Ala. - A federal judge in Alabama did not err in admitting expert testimony that all significant asbestos exposures contribute to mesothelioma nor in concluding that an employer can be liable for exposing household members to asbestos, an 11th Circuit U.S. Court of Appeals panel held April...

Mealey's Toxic Tort/Environmental - Man: Case Against Monsanto Should Not Be Stayed Pending Ruling On MDL Transfer

ST. LOUIS - A Missouri man who sued Monsanto Co. for allegedly causing his non-Hodgkin lymphoma (NHL) through the manufacturing and distribution of glyphosate, the active ingredient in Roundup, on April 25 filed a brief in Missouri federal court arguing that the district court should reconsider the stay...

Mealey's Toxic Tort/Environmental - Widow: Asbestos Company's Jurisdiction Arguments Produce 'Absurd' Results

MIAMI - A chemical company sued over its past asbestos dealings argues for a jurisdictional doctrine that would create an explosion of asbestos litigation and effectively leave it open to suit only in the state where it is incorporated, an "absurd" result, a widow told the 11th Circuit U.S...

Mealey's Toxic Tort/Environmental - 2 More Glyphosate Cancer Cases Against Monsanto Transferred To MDL

WASHINGTON, D.C. - The U.S. Judicial Panel on Multidistrict Litigation (JPMDL) on April 25 transferred two more glyphosate injury lawsuits to the multidistrict litigation for Roundup products liability litigation in California federal court (In re: Roundup Products Liability Litigation, No. 2741 MDL...

Mealey's Toxic Tort/Environmental - 9th Circuit Permits Expert's Testimony Regarding Origin Of Asbestos Insulation

SAN FRANCISCO - An expert's knowledge regarding U.S. Navy practices and procedures qualifies him to testify that the asbestos-containing insulation to which a man was exposed was likely original to the boilers in question, and he need not have firsthand knowledge, a Ninth Circuit U.S. Court of Appeals...

Mealey's Toxic Tort/Environmental - Judge: Removing Negligence Case Requires More Than Mandate That Asbestos Be Used

NEW ORLEANS - Removing a case alleging negligence arising from a shipbuilder's alleged discretionary use of asbestos requires more than a simple showing that the U.S. Navy mandated use of the mineral since the claims stem not from its presence, but from its misuse, a federal judge in Louisiana said...

Mealey's Toxic Tort/Environmental - LHWCA Completely Immunizes Employer From Third-Party Asbestos Claims, Judge Says

BALTIMORE - A man's asbestos-related exposures occurring during work covered by the Longshore and Harbor Workers' Compensation Act (LHWCA) provide his employer with immunity from third-party claims, a federal judge in Maryland held April 25 in granting a railroad summary judgment (Charles Lemuel...