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Mealey's Toxic Tort/Environmental - 5th Circuit: District Court Did Not Err When Denying Review Request

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 did not err when refusing to consider a car dealership's request to review whether the claims administrator presiding...

Mealey's Toxic Tort/Environmental - Jury Awards Combined $5.6M To Man Who Says His Cancer Was Caused By DuPont

COLUMBUS, Ohio - A federal judge in Ohio on July 11 issued a judgment for a combined $5.6 million in compensatory and punitive damages to a man who sued E.I. du Pont de Nemours and Co. alleging that he developed cancer as a result of exposure to perfluorooctanoic acid (known as C8) (In re E.I. du Pont...

Mealey's Toxic Tort/Environmental - Judge: Flint, Mich., Lead Drinking Water Case Has Merit; Dismissal Denied

DETROIT - A federal judge in Michigan on July 7 denied a motion to dismiss a lawsuit brought by residents of Flint, Mich., who allege that Michigan state and city officials are liable for the lead-contaminated water crisis in the City of Flint. The judge said the plaintiffs have demonstrated that their...

Mealey's Toxic Tort/Environmental - Florida Jury Returns Defense Verdict In CertainTeed Asbestos Pipe Case

SEBRING, Fla. - A Florida jury on July 7 returned a defense verdict for CertainTeed Corp. on claims that a man's fatal mesothelioma arose from exposure to the company's asbestos-containing pipe, sources told Mealey Publications (Mark V. Mclean, Michael Fitch, Lisa Sherman, and James Archie Bennett...

Mealey's Toxic Tort/Environmental - Judge: Glyphosate Cancer Case Against Monsanto Proceeds

FRESNO, Calif. - A federal judge in California on July 7 denied Monsanto Co.'s motion to dismiss a lawsuit brought by a woman who contends that her exposure to the company's herbicide containing glyphosate caused her to develop cancer, ruling that none of the evidence relied upon by Monsanto...

Mealey's Toxic Tort/Environmental - City Of Portland, Ore., Sues Monsanto, Alleges PCB Contamination Liability

PORTLAND, Ore. - The City of Portland, Ore., on July 12 sued Monsanto Co. and two of its affiliates in Oregon federal court, contending that the city's water supply and environment are contaminated by polychlorinated biphenyls (PCBs), and the company - which was the sole manufacturer of the chemical...

Mealey's Toxic Tort/Environmental - Judge Allows Opinions Challenged As Inadmissible 'Every Exposure' Testimony

MIAMI - Expert testimony challenges from both an asbestos plaintiff and a friction defendant confuse the distinction between admissibility and credibility, a federal judge in Florida said July 11 while also declining to take a third look into whether jurisdiction exists over a different defendant (James...

Mealey's Toxic Tort/Environmental - Crane Co. Says It Had No Duty To Decedent Under Pennsylvania Asbestos Precedent

PHILADELPHIA - A company cannot be held liable for asbestos-containing products it did not manufacturer, supply or mandate, Crane Co. told a federal judge in Pennsylvania July 13 in looking to upset a more than $1 million verdict against it (Lynn C. Dobrick, et al. v. Air & Liquid Systems Corp.,...

Mealey's Toxic Tort/Environmental - 5th Circuit Denies EPA's Motion To Dismiss, Transfer Appeal Over Haze Plan

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on July 15 denied a motion filed by the U.S. Environmental Protection Agency to dismiss or transfer to the District of Columbia U.S. Circuit Court of Appeals a petition filed by the State of Texas and a number of organizations challenging the...

Mealey's Toxic Tort/Environmental - Kentucky Appeals Court: Mere Possibility Of Exposure Insufficient In Asbestos Case

FRANKFORT, Ky. - The mere possibility that a man encountered asbestos-containing friction parts at his place of employment falls short of Kentucky's standard for causation, a divided appeals panel held July 14 (Linda Mannahan, et al. v. Eaton Corp., et al., No. 2013-CA-002005-MR, Ky. App.; 2016 Ky...

Mealey's Toxic Tort/Environmental - 1st Circuit: Judge Did Not Err In Dismissing Couple's Suit Over Discharges

BOSTON - A federal judge did not err when entering judgment in favor of defendant landowners accused of violating the Clean Water Act (CWA), a First Circuit U.S. Court of Appeals panel ruled July 18, finding that a couple's citizen suit was unnecessary because the Rhode Island Department of Environmental...

Mealey's Toxic Tort/Environmental - Tesoro Corp., Subsidiaries To Pay $425M Over Allegedly Illegal Emissions

SAN ANTONIO - Tesoro Corp., Par Hawaii Refining and their subsidiaries on July 18 said in a consent decree filed in Texas federal court that they would pay $425 million to resolve alleged violations of the Clean Air Act (CAA) at six of their refineries in Alaska, California, Hawaii, North Dakota, Utah...

Mealey's Toxic Tort/Environmental - Company Tells 3rd Circuit Dismissal Of Injury Claims Against It Was Proper

PHILADELPHIA - A power company that was sued by a group of Pennsylvania residents who contend that it is liable for their injuries, including cancer, that stem from exposure to radioactive materials filed a brief in the Third Circuit U.S. Court of Appeals on July 15, arguing that it should let stand...

Mealey's Toxic Tort/Environmental - Oregon Supreme Court: Groups' Permit Challenge Should Be Heard

SALEM, Ore. - A panel of the Oregon Supreme Court on July 14 reversed and remanded a Court of Appeals' decision finding that a challenge brought by two mining associations regarding a rule requiring them to obtain permits to conduct suction dredge mining was moot, holding that the appellate court...

Mealey's Toxic Tort/Environmental - Jury Awards $1.5 Million To Widow Of Woman Who Died From Smoking

FORT LAUDERDALE, Fla. - A Florida jury on July 19 awarded the husband of a woman who died from lung cancer $1.5 million in damages against Philip Morris USA Inc. after finding that the woman was addicted to cigarettes and that her addiction was a legal cause of her death (Joseph Varner v. R.J. Reynolds...

Mealey's Toxic Tort/Environmental - Michigan Water Quality Officials Claim Immunity From Flint Lead Water Claims

GRAND RAPIDS, Mich. - Employees of the Michigan Department of Environmental Quality (MDEQ) on July 18 filed a brief in Michigan federal court contending that the lead-contaminated water lawsuit brought against them by residents of Flint, Mich., should be dismissed because they are entitled to "absolute...

Mealey's Toxic Tort/Environmental - Flint, Mich., Residents Say Federal Court 'Must' Hear Lead Drinking Water Case

DETROIT - A group of plaintiffs who sued various Michigan authorities, as well as an engineering planning firm that acted as a consultant to the City of Flint, Mich., when it switched its water source to the Flint River, filed a brief in Michigan federal court July 15, contending that their lead-contaminated...

Mealey's Toxic Tort/Environmental - Widow: Shipyard Contractor's Shifting Position On Evidence Constitutes 'Fraud'

LOS ANGELES - A defendant's "befuddlement" over the conclusion that it destroyed evidence ignores the differing stories the defendant told throughout the litigation, a widow told a federal judge in California July 18 (Victoria Lund, et al. v. Crane Co., et al., No. 13-2776, C.D. Calif....

Mealey's Toxic Tort/Environmental - Enbridge Energy To Pay $177M To Resolve Claims Over 2010 Pipeline Spills

DETROIT - Enbridge Energy L.P. and a number of its subsidiaries agreed July 19 to spend $110 million for a series of measures to prevent pipeline spills, pay a $62 million civil penalty for Clean Water Act violations, and reimburse the government for $5 million it spent to cleanup contamination from...

Mealey's Toxic Tort/Environmental - Judge Finds Petroleum Exclusion Bars Woman's CERCLA Claims

SAN FRANCISCO - A woman's Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) lawsuit against Chevron Capital Corp. over petroleum contamination at a site in Oakland she purchased in 2010 that formerly housed a gas station was dismissed by a federal judge in California...

Mealey's Toxic Tort/Environmental - Couple Appeals Paulsboro Train Derailment Vinyl Chloride Case To The 3rd Circuit

CAMDEN, N.J. - A couple that had its lawsuit against a group of railroad companies consolidated with other New Jersey residents filed a notice in New Jersey federal court on July 19 that it was appealing to the Third Circuit U.S. Court of Appeals the district court's rulings that granted the defendants'...

Mealey's Toxic Tort/Environmental - Lead-Paint Poisoning Plaintiff Says Motion To Compel Documents Should Be Denied

MILWAUKEE - The man who, through his guardian ad litem, sued a group of paint companies alleging injuries from lead-based paint filed a brief in Wisconsin federal court on July 21, contending that the motion to compel responsive documents filed by one of the defendants should be denied because he provided...

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...