LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - Chamber: Asbestos Verdict Threatens Texas Workers' Compensation Exclusivity Rule

AUSTIN, Texas - An appellate court ruling threatens the workers' compensation exclusivity provision critical to the law's function by lowering the standard for filing a tort action from gross negligence requiring actual knowledge of a likely injury to simple negligence, the U.S. Chamber of Commerce...

Mealey's Toxic Tort/Environmental - Land Buyer's Detrimental Reliance Claim Over Site Cleanup Prescribed, Judge Says

NEW ORLEANS - A federal judge in Louisiana on May 30 held that buyers of land that is in the process of being remediated cannot pursue a counterclaim for detrimental reliance against the seller, finding that the claim sounds in tort rather than contract and that it is prescribed by a one-year statute...

Mealey's Toxic Tort/Environmental - Judge: Group Lacks Standing To Bring Suit Over Ash Basin Closure Plan

CHARLOTTE, N.C. - A public interest group lacks standing to sue an energy company over its plan to close ash basins that store coal combustion residuals (CCR) at a power plant, a federal judge in North Carolina ruled May 30, finding that the group failed to allege that the proposed plan has resulted...

Mealey's Toxic Tort/Environmental - Judge Orders EPA To Produce Records About Climate Change

WASHINGTON, D.C. - A federal judge in the District of Columbia on June 1 ordered the U.S. Environmental Protection Agency to respond to a Freedom of Information Act (FOIA) request from a group seeking records that administrator Scott Pruitt relied upon when publicly stating that human activity was not...

Mealey's Toxic Tort/Environmental - Pipeline Owner Awarded Summary Judgment In Suit Over 2014 Spill

TUSCALOOSA, Ala. - A federal judge in Alabama on June 4 awarded summary judgment to a pipeline company on plaintiffs' claims for violations of the Clean Water Act (CWA) and Resource Conservation and Recovery Act (RCRA), finding that a 2014 spill was not an ongoing violation and that the plaintiffs...

Mealey's Toxic Tort/Environmental - Defective Asbestos Respirator Action May Proceed, Federal Judge Says

MADISON, Wis. - Evidence that 3M Co.'s internal testing of a respirator showed compliance problems, even while it was seeking an extension of approvals for use to filter asbestos, is sufficient to rebut the presumption that a product given the federal stamp of approval is not defective, a federal...

Mealey's Toxic Tort/Environmental - Judge Denies Motions Of Both Parties After Dryer Felt Asbestos Verdict

SEATTLE - A federal judge in Washington on June 4 declined to re-evaluate a jury's damage award in a retrial of an asbestos case while also denying the defendant's challenges to experts, exposure, and causation (Geraldine Barabin v. Scapa Dryer Fabrics Inc., No. 07-1454, W.D. Wash.).

Mealey's Toxic Tort/Environmental - EPA, 'Fixer Upper' Home Repair Show Reach Deal Regarding Lead-Based Paint

WASHINGTON, D.C. - The Environmental Protection Agency announced June 5 that it has reached a settlement agreement with Magnolia Waco Properties LLC, which does business as Magnolia Homes, to resolve alleged violations of the Toxic Substances Control Act (TSCA) related to home renovations conducted without...

Mealey's Toxic Tort/Environmental - New York High Court OKs Pre-Collection Of Cigarette Taxes On Tribal Land

ALBANY, N.Y. - In a June 7 ruling, the New York Court of Appeals found that enforcement of a law that requires retailers on reservation land to prepay taxes on cigarette sales to patrons who are not members of the Seneca Nation of Indians does not run afoul of Indian Law Section 6 or the Buffalo Creek...

Mealey's Toxic Tort/Environmental - Florida Jury Sides With Smoker's Widower, Awards $20 Million In Damages

FORT LAUDERDALE, Fla. - A request for a mistrial by two tobacco companies was denied June 2 when a Florida judge instead found that an initial, inconsistent verdict by jurors in an Engle progeny case and $8 million award for wrongful death could stand; nearly one week later, on the evening of June 8...

Mealey's Toxic Tort/Environmental - Government, New York City Authority Reach Lead Hazard Deal Worth At Least $1.4B

NEW YORK - The U.S. attorney for the Southern District of New York on June 11 announced that he has reached a lead hazard settlement with the New York City Housing Authority (NYCHA) that imposes a federal monitor, requires the city to provide $1.2 billion of additional capital funding to NYCHA over the...

Mealey's Toxic Tort/Environmental - California Attorney General's Motion To Alter Glyphosate Warning Fails, Judge Says

SACRAMENTO, Calif. - A federal judge in California on June 12 denied a motion by the California attorney general that sought to amend a ruling issued by the court in February that enjoined the state of California from requiring companies to issue a warning regarding glyphosate (National Association of...

Mealey's Toxic Tort/Environmental - Monsanto: Supplemental Ruling Supports Summary Judgment In Roundup MDL

SAN FRANCISCO - Monsanto Co. filed a notice of supplemental authority in California federal court on June 12 that it contends supports its motion for summary judgment based on a failure of general causation proof in the multidistrict litigation for Roundup (In re: Roundup Products Liability Litigation...

Mealey's Toxic Tort/Environmental - Chevron: Court Should Deny Relief, Hold Lago Agrio Attorney In Contempt

NEW YORK - Chevron Corp. filed a brief in a New York federal court on June 14 contending that the district court should deny a motion for declaratory relief filed by Steven Donziger, the attorney who represented a group of Ecuadorian residents who won an $18.5 billion judgment against the company for...

Mealey's Toxic Tort/Environmental - Man: Asbestos Packaging Evidence Required Sending Failure-To-Warn Claim To Jury

WEST PALM BEACH, Fla. - A man's ability to recall an asbestos-containing brake box's design clearly indicates that he looked at the packaging and required sending failure-to-warn claims to a jury, a man tells a Florida appeals court in a June 14 reply brief (James W. Coates, et al. v. Honeywell...

Mealey's Toxic Tort/Environmental - Shipbuilder Appeals Again, Wants Asbestos Negligence Case In Federal Court

NEW ORLEANS - Shipbuilder Huntington Ingalls Inc. on June 18 appealed yet another case in which it was denied federal jurisdiction over negligence claims involving its alleged mishandling of, and failure to warn about the dangers of, asbestos the U.S. Navy required for use in its ships (Gregory Brown...

Mealey's Toxic Tort/Environmental - 4th Circuit Vacates Groups' Summary Judgment Award In Clean Water Act Suit

RICHMOND, Va. - A Fourth Circuit U.S. Court of Appeals panel on June 20 vacated a federal judge in West Virginia's ruling awarding summary judgment to four environmental groups who complained that the U.S. Environmental Protection Agency had failed to perform a nondiscretionary duty to impose total...

Mealey's Toxic Tort/Environmental - TV, Radio Maker's Asbestos Liabilities Fall On Ford, New York Justice Finds

NEW YORK - Ford Motor Co. may be held liable for asbestos claims arising from exposures caused by a television and radio manufacturer whose liabilities were transferred to several entities during various transactions, a New York justice held June 21 (Angela Gonzalez, et al. v. 3M Co., et al., No. 190113...

Mealey's Toxic Tort/Environmental - New York Sues 3M Co., Others For Injuries Caused By Aqueous Film-Forming Foam

ALBANY, N.Y. - The state of New York on June 19 sued the 3M Co. and other companies that designed, manufactured, marketed and sold aqueous film-forming foam (AFFF) and related products that the state contends were discharged into the environment and caused injuries to drinking water and threats to public...

Mealey's Toxic Tort/Environmental - Federal Judge Rejects Sham Defendant Argument, Remands Asbestos-Pipe Case

OAKLAND, Calif. - An asbestos-pipe defendant eliminates potential exposures from an allegedly sham defendant for only a period of the time in question, a federal judge in California held June 19 in remanding a case (Angela D. Espinosa, et al. v. CertainTeed Corp., et al., No. 17-1833, N.D. Calif.).

Mealey's Toxic Tort/Environmental - Additional Expert Testimony Doesn't Save Conspiracy Claim, Illinois Court Holds

OTTAWA, Ill. - Expert testimony indicating that companies redacted "significant evidence" of cancer causation from a study on asbestos in the 1940s does not permit a finding of civil conspiracy, an Illinois appeals court held June 19 (James Johnson, et al. v. Pneumo Abex LLC, et al., No. 3...

Mealey's Toxic Tort/Environmental - Valve Maker Can't Escape New York Law, Refurbisher's Asbestos Action

NEW YORK - New York procedural law, not Georgia substantive law, applies to a motion for summary judgment, and a valve maker has not met its burden of negating the possibility that its products contributed to a refurbisher's asbestos-related injuries, a New York justice held in an opinion posted...

Mealey's Toxic Tort/Environmental - Report: Perfluoroalkyls 'Ubiquitous,' Linked To A Range Of Health Issues Including Cancer

WASHINGTON, D.C. - The Agency for Toxic Substances and Disease Registry (ATSDR) on June 20 issued a report that concluded that perfluoroalkyls are "ubiquitous" in the environment and found that they are linked to a range of health issues including cancer.

Mealey's Toxic Tort/Environmental - Flint Water Crisis Judge Refuses To Remove Counsel, May Appoint Special Master

DETROIT - A federal judge in Michigan overseeing Flint contaminated water litigation on June 19 denied motions to replace the co-liaison counsel and the interim co-lead class counsel, which had both sought the other's removal. The co-liaison counsel had contended that the co-lead class counsel had...

Mealey's Toxic Tort/Environmental - Plaintiffs' Counsel Loses Bid To Stay Asbestos-Talc Agreement Discovery Order

NEWARK, N.J. - A federal judge on June 20 declined to stay discovery into a plaintiff law firm's referral deal in a New Jersey federal court case alleging that BASF Catalysts LLC and its law firm conspired to destroy evidence of asbestos contamination in talc (Kimberlee Williams, et al. v. BASF Catalysts...