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Mealey's Toxic Tort/Environmental - Beneficiaries May Pursue Jones Act Survival Claim, Asbestos MDL Judge Rules

PHILADELPHIA - Surviving beneficiaries of a Merchant Marine's Jones Act survival action originally filed in 1989 should not be penalized simply because the court lacked the resources to quickly resolve asbestos cases, a federal judge in Pennsylvania held Jan. 6 (Creighton E. Miller (administrator...

Mealey's Toxic Tort/Environmental - Divided 6th Circuit Panel Reinstates Government's Suit Over Boiler Construction

DETROIT - A 2-1 panel of the Sixth Circuit U.S. Court of Appeals on Jan. 10 reinstated an enforcement action brought by the federal government against DTE Energy Co., finding that a federal judge in Michigan erred by failing to consider the panel's earlier ruling instructing it to consider whether...

Mealey's Toxic Tort/Environmental - Split 6th Circuit: Kentucky Never Adopted Every-Exposure Causation Theory

LOUISVILLE, Ky. - The state of Kentucky never clearly adopted the every-exposure asbestos causation theory, a divided Sixth Circuit U.S. Court of Appeals panel held Jan. 10 in affirming summary judgment for a joint compound maker (Carol Lee Stallings, et al. v. Georgia-Pacific Corp., et al., No. 15-6387...

Mealey's Toxic Tort/Environmental - Judge: Government Owes Oil Companies $99M For Breach Of Avgas Contracts

WASHINGTON, D.C. - A U.S. Court of Federal Claims judge on Jan. 6 ruled that the federal government owes more than $99 million to companies that it contracted with for the production of aviation fuel (avgas) during World War II, finding that all of the acid waste disposed of at a site in Fullerton, Calif...

Mealey's Toxic Tort/Environmental - Judge Finds Navy Guidelines Sufficiently Precise For Removal Of Asbestos Case

TAMPA, Fla. - Experts' testimony that the U.S. Navy issued reasonably precise specifications for private manufacturers to meet sufficiently demonstrates control over the products in question, and Crane Co. need not show that the government would not have permitted additional warnings, a federal judge...

Mealey's Toxic Tort/Environmental - Native American-Owned Tobacco Company Settles Suit With Tobacco Distributor

ATLANTA - A Native American-owned tobacco company on Jan. 9 dismissed its suit in Georgia federal court against a cigarette distributor that sold expired cigarettes to retailers without the manufacturer's permission after the parties agreed to a confidential settlement (Grand River Enterprises Six...

Mealey's Toxic Tort/Environmental - Monsanto Misrepresented Safety Of Roundup, Man Says; Exposure Resulted In Cancer

DENVER - A Colorado man on Jan. 6 filed a lawsuit against Monsanto Co. in the U.S. District Court of the District of Colorado, alleging that he developed non-Hodgkin lymphoma (NHL) from exposure to glyphosate, the active ingredient in the herbicide Roundup, and that the company knowingly misrepresented...

Mealey's Toxic Tort/Environmental - 3 Glyphosate Injury Cases Transferred To Roundup Products Liability MDL

WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation (JPMDL) on Jan. 6 transferred three more glyphosate-injury lawsuits to the Roundup products litigation MDL pending in the U.S. District Court for the Northern District of California (In Re: Roundup Production Liability Litigation, MDL...

Mealey's Toxic Tort/Environmental - Monsanto Co. Denies Exposure To Roundup Could Have Caused Man's 'Alleged' Cancer

SAN FRANCISCO - Monsanto Co. on Jan. 6 filed an answer in one of the cases that is part of the multidistrict litigation pending in California federal court related to injuries allegedly caused by Roundup, denying that exposure to the herbicide "did or could have caused" the plaintiff's...

Mealey's Toxic Tort/Environmental - Judge In DuPont C8 Case Rules Cancer Phobia Damages Valid; Some Experts Excluded

COLUMBUS, Ohio - The judge presiding over the multidistrict litigation against E.I. du Pont de Nemours and Co. for alleged injuries connected to exposure to perfluorooctanoic acid (known as C8) on Jan. 10 issued a group of orders pertaining to punitive damages, damages related to cancer phobia and the...

Mealey's Toxic Tort/Environmental - Judge Orders Discovery Into Canadian Companies' Contacts With New Jersey

TRENTON, N.J. - Additional discovery is needed into two Canadian companies' contacts with New Jersey so that a woman can fairly contest motions to dismiss her asbestos action on jurisdictional grounds, a federal judge in New Jersey said Jan. 9 (Estelle Grimes, et al. v. AT&T Corp., et al., No...

Mealey's Toxic Tort/Environmental - New York Justice Denies Motion Seeking Exclusion Of Every-Exposure Testimony

NEW YORK - Experts in an asbestos case may make qualitative evaluations regarding exposure and need not precisely identify the quantity of exposure, a New York justice held in a Jan. 9 opinion denying defendants' wide-ranging motion (In re New York City Asbestos Litigation, Geraldine Andrews, et...

Mealey's Toxic Tort/Environmental - New York Court Finds Control Over Worksite, Reinstates Asbestos Verdict

NEW YORK - A power company's specification that contractors use asbestos and its ability to prevent the related injuries allow it to be held liable under New York Labor Law Section 200, a divided New York appellate court held Jan. 10 (Phyllis Brown, et al. v. A.O. Smith Water Products, et al., No...

Mealey's Toxic Tort/Environmental - Judge Adopts Magistrate Judge Report Granting Judgment For Pump, Boiler Maker

WILMINGTON, Del. - The Third Circuit U.S. Court of Appeals recently rejected the foreseeability standard plaintiffs seek in an asbestos action, a Delaware judge federal held Jan. 9 in adopting a magistrate judge's recommendation that two motions for summary judgment be granted (Jimmy R. Mitchell...

Mealey's Toxic Tort/Environmental - Couple's Suit Against Volkswagen Does Not Raise Federal Question, Judge Finds

SAN ANTONIO - A couple's lawsuit claiming that Volkswagen Group of America Inc. and a local car dealer misrepresented a vehicle's emissions and fuel efficiency should be remanded to state court, a federal judge in Texas ruled Jan. 10, finding that the plaintiffs do not allege that the manufacturer...

Mealey's Toxic Tort/Environmental - Chevron: Decision By 9th Circuit Supports Its Claim That Class Status Not Proper

SAN FRANCISCO - Chevron Corp. on Jan. 10 filed a brief in California federal court contending that a recent decision handed down by the Ninth Circuit U.S. Court of Appeals supports its contention that a proposed class representing Nigerian residents who contend that they have been injured as a result...

Mealey's Toxic Tort/Environmental - Daughter Of Smoker Files Tobacco Suit In Florida State Court

TAMPA, Fla. - The daughter of a woman who died from chronic obstructive pulmonary disorder (COPD) filed suit against three tobacco companies in Florida state court on Jan. 10 pursuant to the Engle findings (Angelia Garrett v. Lorillard Tobacco Co., et al., No. 17-CA-000242, Fla. Cir. Hillsborough Co...

Mealey's Toxic Tort/Environmental - EPA Proposes Ban On Trichloroethylene, Cites 'Unreasonable Risks' To Health

WASHINGTON, D.C. - The U.S. Environmental Protection Agency on Jan. 11 advertised in the Federal Register a proposed rule to prohibit the manufacture, import, processing and distribution of trichloroethylene (TCE), a volatile organic compound used in industrial and commercial processes, due to "unreasonable...

Mealey's Toxic Tort/Environmental - Santa Fe Tobacco Seeks To Keep Deceptive Marketing Suit In Federal Court

WASHINGTON, D.C. - Santa Fe Natural Tobacco Co. Inc. on Jan. 11 told a federal judge in the District of Columbia that a deceptive marketing suit against it should stay in federal court, arguing that the cost of complying with the injunctive relief sought exceeds the $75,000 threshold regardless of whether...

Mealey's Toxic Tort/Environmental - United States Sues Cigar Manufacturer Over Failure To Pay Fines Under FERTA

NEW YORK - The United States on Jan. 14 filed suit against a cigar manufacturer in New York federal court, alleging that the company failed to make payments after a civil fine was imposed against it under a law that was created to transition the tobacco industry to a free market (United States of America...

Mealey's Toxic Tort/Environmental - Judge Trims Claims From City's Suit Over Manufactured Gas Waste Contamination

CHICAGO - An Illinois city cannot seek civil penalties under the Resource Conservation and Recovery Act (RCRA) against two companies that owned a manufactured gas facility, a federal judge in Illinois ruled Jan. 17, holding that the city did not allege that the companies violated subchapter III of the...

Mealey's Toxic Tort/Environmental - Deal Reached To Clean Up Shuttered Uranium Mines On Navajo Lands

PHOENIX - The Navajo Nation and the United States have agreed to settle their claims against two mining companies for cleanup of 94 abandoned uranium mines on Navajo lands, with the companies performing the work and the United States contributing about half the estimated $600 million in costs, according...

Mealey's Toxic Tort/Environmental - Pennsylvania Court Vacates Class Certification Denials In Oil Lease Disputes

HARRISBURG, Pa. - The Pennsylvania Superior Court on Jan. 17 in a single opinion vacated orders denying class certification in two substantially similar complaints alleging that oil and gas leases were breached and payments were never made, finding that the trial court abused its discretion in denying...

Mealey's Toxic Tort/Environmental - Panel Certifies 2 Questions To N.Y. High Court In Dispute Arising From 9/11 Attacks

NEW YORK - The Second Circuit U.S. Court of Appeals on Jan. 19 certified two questions to the New York Court of Appeals in a dispute over whether a public benefit corporation has the capacity to challenge as unconstitutional a New York statute that revived claims against public corporations for personal...

Mealey's Toxic Tort/Environmental - Appeals Court Affirms Company's Liability For Home-Heating-Oil Spill

NEW YORK - A New York justice did not err when denying a home-heating-oil company's motion for summary judgment on liability because the company was required to demonstrate that a spill that occurred after an employee overfilled a woman's in-home, above-ground tanks did not actually reach the...