LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - Delaware Judge Won't Consolidate For Trial Asbestos Cases Against Georgia-Pacific

WILMINGTON, Del. - A shared defendant and expert witness alone do not provide a sufficient nexus to warrant consolidated trial, a Delaware judge held Aug. 29 (In re Asbestos Litigation, Limited to: Craig Cantarano, Donald Gladu, Nos. N15C-10-30 ASB, N15C-09-093 ASB, Del. Super., New Castle Co., 2017...

Mealey's Toxic Tort/Environmental - Texas Court: Employer Liable For Asbestos Exposure, But Economic Award Too High

DALLAS - Generalized knowledge of the risk asbestos posed is sufficient to show that an employer acted with gross negligence in exposing an individual, a divided Texas appeals court held Aug. 30 in affirming a verdict but reducing the economic damages award (The Goodyear Tire & Rubber Co. v. Vicki...

Mealey's Toxic Tort/Environmental - Judge: Tire Companies Owe $11M For Selling Contaminated Buildings

DES MOINES, Iowa - A federal judge in Iowa on Sept. 5 ruled that two tire companies are liable for $11 million under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for selling buildings on a Superfund site in the state that were contaminated with polychlorinated biphenyls...

Mealey's Toxic Tort/Environmental - Virginia Top Court Applies 'Risk Of Harm' Analysis To FELA Asbestos Settlement

ROANOKE, Va. - A release precluding liability for future asbestos injuries contemplated by the parties does not violate Federal Employers' Liability Act (FELA), the Virginia Supreme Court held Aug. 31 in applying the risk-of-harm standard (Alan Barry Cole, et al. v. Norfolk Southern Railway Co.,...

Mealey's Toxic Tort/Environmental - Asbestos-Talc Evidence Destruction Spat Parties Continue Throwing Barbs

NEWARK, N.J. - Former asbestos plaintiffs adopted a frivolous interpretation of a discovery ruling in an effort to avoid required production, a talc company told a New Jersey federal judge on Aug. 30. In a Sept. 1 letter, the plaintiffs, who claim that they were defrauded into settling claims for far...

Mealey's Toxic Tort/Environmental - Cleanup Company's Claims Against Gas Station Barred By Arbitration, Judge Says

WHITE PLAINS, N.Y. - An environmental remediation company's counterclaims against the owner of a gas station for breach of a fixed price remediation agreement (FPA) were dismissed by a federal judge in New York on Sept. 5 after the judge ruled that the claims were previously litigated during an arbitration...

Mealey's Toxic Tort/Environmental - Magistrate Judge: Bare Metal Defense Frees 5 Companies From Asbestos Case

WILMINGTON, Del. - A couple produces some evidence of exposure to products from named defendants but no evidence the products contained asbestos or that the work in question released asbestos, a federal magistrate judge in Delaware held Aug. 31 in applying the bare metal defense and recommending summary...

Mealey's Toxic Tort/Environmental - Florida Court Allows Cumulative Exposure Opinion, Affirms $9M Asbestos Verdict

MIAMI - A court properly admitted an expert's testimony that cumulative asbestos exposures were sufficient to cause a man's mesothelioma, a Florida appeals court held Sept. 6 in differentiating the testimony from the opinion that every exposure leads to disease and affirming a $9 million verdict...

Mealey's Toxic Tort/Environmental - Alabama Court Reinstates Class Action Over Asbestos Attorneys' Compensation

MONTGOMERY, Ala. - A judge improperly concluded that ambiguity in a contract provision governing how hundreds of asbestos plaintiffs would compensate their counsel overcame class action claims arising from the attorneys' imposition of an additional fee, the Alabama Supreme Court held Sept. 1 in once...

Mealey's Toxic Tort/Environmental - Judge Suspends Clean Water Act Trial To Wait For 9th Circuit Ruling

SACRAMENTO, Calif. - A federal judge in California on Sept. 5 suspended the upcoming trial date for a lawsuit accusing a scrap metal company of violating the Clean Water Act (CWA), agreeing with the defendants that the Ninth Circuit U.S. Court of Appeals' upcoming ruling in U.S. v. Robertson could...

Mealey's Toxic Tort/Environmental - Attorney: Revive Case Seeking To Unseal Asbestos Client-Coaching Deposition

DALLAS - A motion seeking to unseal Russell Budd's 1997 deposition involving a memo allegedly showing his law firm coaching clients for their own depositions should proceed to a ruling on the merits, an attorney told a Texas appeals court on Sept. 5 (Christine Cole Biederman v. Beverly Jean Brown...

Mealey's Toxic Tort/Environmental - Expert Qualified To Testify On Cleanup Costs' Reasonableness, Judge Says

SALT LAKE CITY - An engineer can proffer testimony that Chevron Pipeline Co. (CPL) spent approximately $4.4 million to $5.6 million in unnecessary costs when responding to two oil spills in 2010, a federal judge in Utah ruled Sept. 7, finding that he is qualified and that the methodology underlying his...

Mealey's Toxic Tort/Environmental - Judge Refuses To Conduct 'Autopsy' Of Settlement Over Pipeline Spill

SALT LAKE CITY - A federal judge in Utah on Sept. 6 granted a motion for partial summary judgment filed by Pacificorp, doing business as Rocky Mountain Power, that precludes Chevron Pipeline Co. (CPL) from obtaining a portion of a settlement it paid to homeowners affected by a 2010 oil spill, finding...

Mealey's Toxic Tort/Environmental - Court Affirms Exclusion Of Asbestos Product ID Testimony As Sanction

CLEVELAND - A trial judge properly excluded deposition testimony as a sanction for failing to update interrogatories to indicate potential drywall compound exposures the witnesses testified to in asbestos bankruptcy claim forms, an Ohio appeals court held Sept. 7 (Paul Heaton, et al. v. Ford Motor Co...

Mealey's Toxic Tort/Environmental - Split 6th Circuit Panel: Flint Water Crisis Lawsuit Belongs In State Court

CINCINNATI - A split panel of the Sixth Circuit U.S. Court of Appeals on Sept. 11 affirmed a district court's ruling and held that a lawsuit brought by residents of Flint, Mich., against the city and state environmental quality employees relating to the lead-contaminated drinking water crisis in...

Mealey's Toxic Tort/Environmental - Ohio Court To Define 'Smoker,' Medical Report Status In Asbestos-Lung Cancer Case

COLUMBUS, Ohio - The Ohio Supreme Court on Sept. 13 agreed to decide whether the state requires a medical expert to weigh in on whether a lung cancer plaintiff qualifies as a "smoker" or whether the law simply requires those already recognized as smokers to submit an opinion regarding the role...

Mealey's Toxic Tort/Environmental - Attorney: Chevron Offers 'No Credible Argument' For Cost Tax In Lago Agrio Case

NEW YORK - The attorney representing a group of Ecuadorian residents who won an $18.5 billion judgment against Chevron Corp. for injuries, only to have it reversed, on Sept. 12 filed a letter with the presiding judge in the U.S. District Court for the Southern District of New York, arguing that the company...

Mealey's Toxic Tort/Environmental - 9th Circuit: Storage Of Hazardous Waste Is A Crime Of General Intent

SEATTLE - A federal judge in Idaho did not err when excluding a man's evidence pertaining to his diminished capacity, a Ninth Circuit U.S. Court of Appeals panel ruled Sept. 13, holding that the storage of hazardous waste in violation of the Resource Conservation and Recovery Act is a crime of general...

Mealey's Toxic Tort/Environmental - Sherwin-Williams: Lead Paint Evidence On Risk-Contribution Theory Lacking

MILWAUKEE - The Sherwin-Williams Co. on Sept. 13 filed a statement of proposed material facts in Wisconsin federal court supporting its motion for dismissal of a lead-paint poisoning lawsuit against it and other former manufacturers of lead-based paint on grounds that the plaintiffs have not demonstrated...

Mealey's Toxic Tort/Environmental - 6th Circuit Affirms Dismissal Of Ship Owners In Asbestos Cases

DETROIT - Dismissal for ship owners for lack of jurisdiction in thousands of Merchant Marine asbestos cases was proper, the Sixth Circuit U.S. Court of Appeals held Sept. 13 (Henry Kalama, et al. v. Matson Navigation Co. Inc., et al., No. 16-3408, 6th Cir., 2017 U.S. App. LEXIS 17931).

Mealey's Toxic Tort/Environmental - Judge Finds Mining Company In Contempt Over Arsenic, Iron Discharges

BOISE, Idaho - A federal judge in Idaho on Sept. 15 ordered Atlanta Gold Corp. to pay $251,000 as a civil penalty for violating the Clean Water Act and pay $251,000 in sanctions for failing to comply with prior court orders requiring the company to limit the amount of arsenic and iron in discharges from...

Mealey's Toxic Tort/Environmental - New York Appellate Court Vacates Stay Of New York Asbestos Case Management Order

NEW YORK - A New York appellate court on Sept. 19 vacated the stay it issued in July that halted implementation of the hotly contested case management order (CMO) governing asbestos cases in New York City (In re: New York City Asbestos Litigation, All Asbestos Cases., No. 40000/1988 782000/2017, N.Y...

Mealey's Toxic Tort/Environmental - Family Tells Court Asbestos Release Shouldn't Bar Wrongful Death Claim

NEW ORLEANS - Family members mistakenly signed away asbestos wrongful death claims based on their father's attorney's misrepresentations, and the failure to hire their own counsel should not be considered inexcusable neglect, plaintiffs told the Fifth Circuit U.S. Court of Appeals Sept. 18 (Essie...

Mealey's Toxic Tort/Environmental - Limitations Period Has Expired On Claim Of Tainted Groundwater, Company Says

NEW YORK - Northrop Grumman Corp. on Sept. 18 filed a brief in the Second Circuit U.S. Court of Appeals arguing that an amicus brief filed by parties interested in a groundwater contamination lawsuit is premised on "a fundamental misconception" regarding the limitations period for tort claims...

Mealey's Toxic Tort/Environmental - Judge Refuses To Challenge Validity Of State Agency's Radon Emissions Findings

SALT LAKE CITY - A federal judge in Utah on Sept. 15 awarded summary judgment to a uranium mining company after refusing to challenge the validity of a state agency's findings that the company's radon emissions were excessive and in violation of the Clean Air Act (CAA) (Grand Canyon Trust v....