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Mealey's Toxic Tort/Environmental - 9th Circuit Revives Only Premises Asbestos Claim Against Aircraft Company

SAN FRANCISCO - Plaintiffs' premises liability allegations in an action against aircraft company are sufficiently detailed to permit the claims to go forward, but strict liability and negligence claims lack supporting evidence regarding the products in question or are barred by law, a Ninth Circuit...

Mealey's Toxic Tort/Environmental - D.C. Circuit Says It Has No Jurisdiction Over Challenge To EPA Statement

WASHINGTON, D.C. - A panel of the District of Columbia Circuit U.S. Court of Appeals on Feb.28 found that it does not have jurisdiction over a group's challenge to a statement from the U.S. Environmental Protection Agency that it would not acquiesce to an Eighth Circuit U.S. Court of Appeals ruling...

Mealey's Toxic Tort/Environmental - N.Y. Court Explains Causation Standard In Affirming Rejection Of $11M Verdict

NEW YORK - Causation requires more than evidence of a mechanic's exposure to dust from asbestos-containing brakes, the majority of a New York appeals court held Feb. 28 (In re New York City Asbestos Litigation, Mary Juni, etc. v. A.O. Smith Water Products Co., et al., No. 190315/12, 2457-2458, N...

Mealey's Toxic Tort/Environmental - Brake-Grinder Maker Escapes Madison County Case With Asbestos Defense Verdict

EDWARDSVILLE, Ill. - A shop teacher was not negligently exposed to asbestos when he ground asbestos-containing brakes on Hennessy Industries Inc. grinding machines, a Madison County, Ill., jury decided Feb. 28 (Urban v. Borg-Warner Morse TEC Inc., No. 13-L-437, Ill. Cir., Madison Co.).

Mealey's Toxic Tort/Environmental - Groups: EPA Emergency Action Needed For Lead Contamination In East Chicago, Ind.

WASHINGTON, D.C. - A collection of community groups, the NAACP and the Natural Resources Defense Council (NRDC) on March 2 filed notice of petition with the U.S. Environmental Protection Agency seeking emergency action to abate "the imminent and substantial endangerment" to East Chicago, Ind...

Mealey's Toxic Tort/Environmental - Federal Judge Orders EPA To Respond To Petitions Challenging Permit Requests

WASHINGTON, D.C. - The U.S. Environmental Protection Agency must respond by June 30 to two petitions challenging the approval of two Clean Air Act (CAA) permits for power plants in North Carolina, a federal judge in the District of Columbia ruled March 2, finding that the agency failed to discharge its...

Mealey's Toxic Tort/Environmental - Judge Excludes Causation Testimony From Homeowners' Expert On Stucco Installation

ORLANDO, Fla. - A civil engineer's education, experience and expertise in stucco installation was not enough to show that his testimony in support of a proposed class action filed by homeowners against Pulte Home Corp. satisfied the requirements of Daubert v. Merrill Dow Pharmaceuticals, 509 U.S...

Mealey's Toxic Tort/Environmental - Judge: Internal Hospital Record Doesn't Doom Asbestos-Lung Cancer Suit

PHILADELPHIA - A reference to asbestos in what appears to be an internal hospital document is not sufficient to put a couple on notice of a potential cause of his lung cancer, a federal judge in Pennsylvania held March 8 (Joseph Conneen and Kathleen Conneen v. Amatek Inc., et al., No. MDL 875, 15-1063...

Mealey's Toxic Tort/Environmental - Judge Finds Navistar Liable For Selling Engines Without Certificate Of Compliance

CHICAGO - A federal judge in Illinois on March 1 found that Navistar Inc. and Navistar Financial Corp. are liable for violating the Clean Air Act (CAA) by selling 7,749 engines in 2010 without certificates of compliance, finding that the engines were not subject to a certificate issued to the companies...

Mealey's Toxic Tort/Environmental - Texas Top Court Rejects Jurisdiction In Asbestos Claims Collusion Case

AUSTIN, Texas - Settlement negotiations in Texas involving asbestos liabilities do not support the conclusion that the parties sought to avail themselves of the state's laws, even if the company eventually selected to manage a resulting trust is based there, the Texas Supreme Court held March 3 in...

Mealey's Toxic Tort/Environmental - Judge Affirms Exclusion Of Asbestos Experts' Specific Causation Opinions

NEW ORLEANS - Experts' failure to tether the opinion that small asbestos doses cause mesothelioma to the specific exposures in question renders their opinions too similar to the type of "every exposure" theory rejected by courts, a federal judge in Louisiana held March 6 (William C. Bell...

Mealey's Toxic Tort/Environmental - Judge Issues 'Third-Way' Opinion Addressing Bare-Metal Parts Liability

NEW ORLEANS - Manufacturers of bare metal products can be liable for asbestos in component parts if they assisted in integrating the asbestos part with their own product, knew the hazards involved in the part, or recommended the asbestos-containing part, a federal judge in Louisiana held March 6 in explaining...

Mealey's Toxic Tort/Environmental - Judge: MDL Court Can Rule On Jurisdictional Issues In Volkswagen Emissions Suit

SACRAMENTO, Calif. - A federal judge in California on March 7 stayed a consumer's lawsuit over the installation of defeat devices in some of Volkswagen Group of America Inc.'s diesel vehicles pending transfer to a multidistrict litigation court, finding that the MDL court can determine if jurisdictional...

Mealey's Toxic Tort/Environmental - Judge: Expert's Report Satisfactory, But Must Limit Opinion To General Causation

NEW ORLEANS - An expert's conclusion that six defendants' products couldn't have caused a man's mesothelioma impermissibly leaps to specific causation from his general causation opinion regarding chrysotile asbestos' role in the disease, a federal judge in Louisiana held March 6 ...

Mealey's Toxic Tort/Environmental - Volkswagen Pleads Guilty To Violating Clean Air Act, Conspiracy To Commit Fraud

DETROIT - Volkswagen AG on March 10 pleaded guilty in Michigan federal court to charges of conspiracy to defraud the United States, violating the Clean Air Act (CAA) and wire fraud as a result of defeat devices the company installed in its diesel vehicles that were designed to cheat emissions tests,...

Mealey's Toxic Tort/Environmental - Judge Applies Differing State Laws To Survivorship, Punitive Damages Claims

NEW ORLEANS - Louisiana law will govern a survivorship claim as its application does not substantially affect Idaho, while the latter state's policy against punitive damages precludes allowing that claim to proceed in an asbestos action, a federal judge in Louisiana held March 6 (William C. Bell...

Mealey's Toxic Tort/Environmental - Firms Petition Supreme Court, Say Class Action Ruling In Flint Water Case 'Wrong'

WASHINGTON, D.C. - A group of engineering firms that were sued by residents who contended that they shared liability for the lead-contaminated water crisis in Flint, Mich., on March 9 filed a petition for writ of certiorari in the U.S. Supreme Court arguing that the Sixth Circuit U.S. Court of Appeals'...

Mealey's Toxic Tort/Environmental - Judge Gives EPA 3 Years To Create Standards For 20 Pollutants

WASHINGTON, D.C. - A federal judge in the District of Columbia on March 13 gave the U.S. Environmental Protection Agency three years to create rules governing emissions standards for 20 hazardous air pollutants (HAPs) after the agency conceded that it violated the Clean Air Act (CAA) by failing to undertake...

Mealey's Toxic Tort/Environmental - Court: Causation Opinion Admissible, Punitives OK In $6.5M Asbestos Verdict

FRESNO, Calif. - A judge properly admitted expert testimony that every identifiable exposure to asbestos contributes to mesothelioma, a California appeals court held March 17, while also rejecting challenges involving tobacco use and an award of punitive damages (Charity Faith Phillips, et al. v. Honeywell...

Mealey's Toxic Tort/Environmental - Woman: Monsanto's 'Fraud' Caused Her To Develop Cancer From Exposure To Glyphosate

ST. LOUIS - A Missouri woman on March 17 filed a lawsuit against Monsanto Co. in Missouri federal court, alleging that the company committed scientific fraud and is liable for her development of non-Hodgkin lymphoma (NHL), which was the result of exposure to glyphosate, the active ingredient in the herbicide...

Mealey's Toxic Tort/Environmental - EPA Approves $100M For Flint, Mich., Water Upgrades

WASHINGTON, D.C. - The U.S. Environmental Protection Agency announced March 17 that it has awarded a $100 million grant to the Michigan Department of Environmental Quality (MDEQ) to fund drinking water infrastructure upgrades in Flint, Mich.

Mealey's Toxic Tort/Environmental - Heeding Presumption Rejected In Tobacco User's New York Asbestos Lung Cancer Trial

NEW YORK - A New York justice refused to impose a heeding presumption in an asbestos trial in an opinion posted March 20, saying that absent evidence that a cigarette user who ignored tobacco warnings would have acted differently in the asbestos context, she would not impose such a standard (Donna Castorina...

Mealey's Toxic Tort/Environmental - N.Y. Justice: Wisconsin Dissolution Law Bars Suit Against Special Electric

NEW YORK - An asbestos action filed outside Wisconsin's two-year window for suing Special Electric Co. Inc. after its dissolution is untimely, and an earlier motion to reopen and enforce its bankruptcy plan does not save the case, a New York justice held in an opinion posted March 21 (In re: New...

Mealey's Toxic Tort/Environmental - Some Flint Water Defendants: Local Controversy Exception Applies To Class Action

DETROIT - Some of the defendants sued by residents of Flint, Mich., in connection with the lead-contaminated drinking water in that city filed a brief in Michigan federal court on March 21, arguing that the lawsuit meets the local controversy exception to the Class Action Fairness Act (CAFA) and, therefore...

Mealey's Toxic Tort/Environmental - Iowa Enacts Law Codifying Bare-Metal Defense, Bankruptcy Transparency

DES MOINES, Iowa - Iowa became the first state to legislatively bar asbestos claims arising from third-party parts on March 23 after its governor signed legislation codifying the bare-metal and component parts doctrine. The law also requires additional transparency in asbestos-related trust filings,...