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Mealey's Toxic Tort/Environmental - Judge: State Officials Must Provide Bottled Water To Every House In Flint, Mich.

DETROIT - A federal judge in Michigan on Nov 10 granted a preliminary injunction to residents of Flint, Mich., who sued the city and state officials related to the lead-contaminated drinking water crisis in Flint, ordering the defendants to provide door-to-door delivery of bottled water (Concerned Pastors...

Mealey's Toxic Tort/Environmental - Judge Will Not Change Briefing Schedule In Halliburton Radioactive Materials Case

OKLAHOMA CITY - A federal judge in Oklahoma on Nov. 10 ruled that plaintiffs who sued Halliburton Energy Services Inc. (HESI) for injuries from radioactive waste contamination could not modify the scheduling order in the case because they had enough time to submit an expert report yet failed to do so...

Mealey's Toxic Tort/Environmental - City Of Flint, Mich., Opposes Venue Transfer In Lead Water Crisis Litigation

DETROIT - The city of Flint, Mich., on Nov. 11 filed a brief in the U.S. District Court for the Eastern District of Michigan opposing a motion filed by state employees who want the lawsuit brought by residents for injuries from lead-contaminated drinking water transferred to a different venue (Myia McMillian...

Mealey's Toxic Tort/Environmental - Jury Awards $4 Million In Engle Progeny Suit To Woman With COPD

FORT LAUDERDALE, Fla. - A Florida state court jury on Nov. 14 awarded $4 million to a woman who developed chronic obstructive pulmonary disease (COPD) after finding that she developed the disease by smoking cigarettes made by R.J. Reynolds Tobacco Co. and Philip Morris USA Inc. (Mary Howles v. R.J. Reynolds...

Mealey's Toxic Tort/Environmental - Florida Jury Finds For Defense In Tobacco Suit

NAPLES, Fla. - A Florida jury on Nov. 14 found in favor of R.J. Reynolds Tobacco Co. in an Engle progeny suit, determining that a woman knew or should have known that she had chronic obstructive pulmonary disease (COPD) before the cutoff date to file an Engle progeny suit (Patricia Kloppenburg v. R.J...

Mealey's Toxic Tort/Environmental - Man Challenges Asbestos Expert Ruling, Investigation Into Juror In Appeal

CHICAGO - An asbestos defendant's conduct during a trial threatens to open "floodgates" to parties investigating jurors, a man told the Seventh Circuit U.S. Court of Appeals on Nov. 14. Plaintiff Charles Krik also told the court that had a subsequent judge not misapplied a previous ruling...

Mealey's Toxic Tort/Environmental - Sierra Club: BNSF Railway To Spend $1M To Clean Up Coal Dust

SEATTLE - The Sierra Club announced on its website on Nov. 15 that the environmental group had reached a settlement in principle with BNSF Railway Co. that would require the company to spend $1 million on conservation and restoration projects in Washington and clean up and remove coal dust from areas...

Mealey's Toxic Tort/Environmental - Judge: Industry Groups Cannot Intervene In Waste Storage Regulations Suit

WASHINGTON, D.C. - A motion filed by industry groups seeking to intervene in a lawsuit brought by a number of environmental groups over the U.S. Environmental Protection Agency's alleged failure to update oil and gas waste regulations was denied by a federal judge in the District of Columbia on Nov...

Mealey's Toxic Tort/Environmental - Ohio Court Finds Tobacco Use A Fact Question, Rejects Need For Medical Report

COLUMBUS, Ohio - Whether an asbestos plaintiff claiming lung cancer uses tobacco is a factual determination for a court and does not require a report from a competent medical authority, an Ohio appellate court held Nov. 17 (Bobby Turner, et al. v. CertainTeed Corp., et al., No. 103475, Ohio App., 8th...

Mealey's Toxic Tort/Environmental - DuPont Says It Should Not Be Forced To Disclose Documents In C8 Injury Litigation

COLUMBUS, Ohio - E.I. du Pont de Nemours and Co. on Nov. 21 filed a brief in the perfluorooctanoic acid (known as C8) injury multidistrict litigation, arguing that the MDL court should deny the plaintiffs' motion to compel the production of underlying data the company used to create witness summaries...

Mealey's Toxic Tort/Environmental - New York High Court Allows Police Officer To Pursue Asbestos Case Against Buffalo

ALBANY, N.Y. - A state system designed to compensate injured police officers does not constitute a workers' compensation system and allows for a tort action alleging exposure to asbestos while in the employ of the city of Buffalo, a divided New York Court of Appeals held Nov. 21 (In the Matter of...

Mealey's Toxic Tort/Environmental - Pa. Top Court Affirms Experts' Cumulative Exposure Testimony In $1M Asbestos Case

HARRISBURG, Pa. - Expert testimony that every dose of asbestos contributes to the cumulative total simply states accepted scientific fact and is not the type of "every exposure" testimony rejected by precedent, a divided Pennsylvania Supreme Court held Nov. 22 in affirming a nearly $1 million...

Mealey's Toxic Tort/Environmental - 3rd Circuit: Judge's Standard Too Strict In Remanding Boeing Asbestos Case

PHILADELPHIA - Federal contractors must only present a colorable federal defense for removal and are not subject to a special standard requiring that they prove their case to prevail against a motion to remand, a Third Circuit U.S. Court of Appeals panel held Nov. 22 (Steven Papp, et al. v. Fore-Kast...

Mealey's Toxic Tort/Environmental - Genuine Issues Preclude Ruling On Contract Issues, Judge Finds

PHOENIX - A federal judge in Arizona on Nov. 21 denied cross-motions for partial summary judgment on breach of contract claims in a suit over indemnification for cleanup from contamination from underground storage tank (UST) leaks, finding that too many issues of material fact exist as to whether the...

Mealey's Toxic Tort/Environmental - Flint Water Crisis Plaintiffs: Defense Motion To Change Venue Should Be Denied

GRAND RAPIDS, Mich. - Michigan residents who allege that state employees are liable for the lead-contaminated water crisis in Flint, Mich., on Nov. 22 filed a brief in Michigan federal court arguing that the court should deny the defendants' motion to stay proceedings pending a final decision on...

Mealey's Toxic Tort/Environmental - Monsanto: City Of Spokane's PCB Contamination Case Fails To State A Claim

SPOKANE, Wash. - Monsanto Co. and its affiliates on Nov. 23 filed an answer against the city of Spokane, contending that the city's attempt to collect remediation costs for alleged contamination of its groundwater with polychlorinated biphenyls (PCBs) should be denied because the plaintiff fails...

Mealey's Toxic Tort/Environmental - Illinois Wrongful Death Case Sent To Roundup MDL In Northern California

WASHINGTON, D.C. - The U.S. Judicial Panel on Multidistrict Litigation (JPMDL) on Nov. 28 issued an order transferring another case to the multidistrict litigation for injuries allegedly caused by exposure to the weed killer Roundup, stating that the wrongful death lawsuit brought against Monsanto Co...

Mealey's Toxic Tort/Environmental - State Employees: Flint Water Crisis Venue Decision Needed Before Dismissal Ruling

DETROIT - Employees of the Michigan Department of Environmental Quality (MDEQ) on Nov. 28 filed a brief asking a Michigan federal court to rule on their motion to change venue before it rules on pending motions to dismiss a lawsuit brought by residents of Flint, Mich., who allege that the employees are...

Mealey's Toxic Tort/Environmental - Asbestos Attorney Fights Expert Testimony-Based Sanctions Ruling

SAN FRANCISCO - A judge conducted only a perfunctory and conclusory investigation before finding that counsel violated court orders in an effort to elicit expert testimony regarding chemotherapy's impact on kidney disease, yet the jury already knew about the connection and no ruling excluded the...

Mealey's Toxic Tort/Environmental - 5th Circuit: Franchisors Cannot Seek Lost Royalties Under BP Settlement

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Dec. 1 affirmed a federal judge in Louisiana's ruling that three franchisors that are not based in the Gulf of Mexico cannot seek to obtain lost franchisee royalties during the oil spill in the Gulf of Mexico following the explosion of...

Mealey's Toxic Tort/Environmental - Florida Appellate Panel Vacates $20 Million Tobacco Verdict

WEST PALM BEACH, Fla. - A Florida appellate panel on Nov. 30 vacated a $20 million verdict awarded to the estate of a woman following a trial in an Engle progeny suit after finding that the damages awarded by the jury were excessive (R.J. Reynolds Tobacco Co. v. Gwendolyn E. Odom, No. 4D14-3867, Fla...

Mealey's Toxic Tort/Environmental - Federal Judge: Officials Must Deliver Bottled Water To Flint Residents; Stay Denied

DETROIT - A federal judge in Michigan on Dec. 2 denied a motion filed by Michigan state officials and refused to stay a district court ruling that the defendants provide bottled water to every house in Flint, Mich., in response to the lead-contaminated water crisis (Concerned Pastors for Social Action...

Mealey's Toxic Tort/Environmental - Parties Debate MTBE-Tainted Groundwater Case Before 2nd Circuit

NEW YORK - Attorneys for oil and gasoline companies, as well as those representing a California water district, on Dec. 5 presented oral arguments before the Second Circuit U.S. Court of Appeals debating the applicability of a res judicata order in a groundwater contamination case involving methyl tertiary...

Mealey's Toxic Tort/Environmental - Plaintiffs In Suit Over Mercedes-Benz's Emissions Lack Standing, Judge Says

NEWARK, N.J. - Plaintiffs in a class action suit alleging that Mercedes-Benz USA LLC misrepresented the efficiency of its BlueTec Clean Diesel vehicles lack standing to bring their action against the auto maker, a federal judge in New Jersey ruled Dec. 6, finding that the plaintiffs failed to show that...

Mealey's Toxic Tort/Environmental - Federal Judge: Registration, Illinois Contacts Insufficient For Jurisdiction

BENTON, Ill. - Neither a company's registration to do business in a state nor its employment of individuals in the state rise to the levels required for jurisdiction, a federal judge in Illinois held in dismissing an asbestos action on Dec. 2 (Sylvia Perez, et al. v. Air And Liquid Systems Corp....