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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 - Judge Allows Monsanto To Add Counterclaims In PCB Contamination Suit

SEATTLE - Monsanto Co.'s counterclaim for unjust enrichment against the city of Seattle over polychlorinated biphenyl (PCB) contamination in the Lower Duwamish River is not futile, a federal judge in Washington ruled Sept. 6 in granting the defendant company's motion to amend its answer and counterclaims...

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 - Evidence Would 'Inflame' Jury In Cancer Case, Company Says, Should Be Excluded

ASHEVILLE, N.C. - A company being sued for allegedly contaminating a North Carolina man's groundwater on Sept. 11 filed a brief in North Carolina federal court contending that the district court should exclude evidence regarding contamination on the east side of the company's former facility...

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 - Maryland Court Agrees To Hear Asbestos Case Implicating Statute Of Repose

ANNAPOLIS, Md. - Maryland's top court on Sept. 12 agreed to decide if the state's statute of repose bars a woman's asbestos action involving exposure from insulation applied to a generator whose construction was completed in June 1970 (June Diane Duffy, et al. v. CBS Corp. et al., No. 41...

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 - Couple: Tort Didn't Impact Bankruptcy, Lack Of Disclosure Shouldn't Bar Action

NEW YORK - Failing to disclose an asbestos claim that arose after confirmation and complete repayment under a bankruptcy plan is not the type of conduct that requires imposing judicial estoppel, a couple told the Second Circuit U.S. Court of Appeals Sept. 12 (John Clark, et al. v. AII Acquisition LLC...

Mealey's Toxic Tort/Environmental - Judge Finds Evidence Lacking In Asbestos Case Against Joint Compound Maker

WILMINGTON, Del. - The record in an asbestos case does not support the conclusions regarding exposure a widow claims it does, a Delaware judge held Sept. 12 in granting summary judgment (In re: Asbestos Litigation, Thelma Lempert, et al. v. CertainTeed Corp., et al., No. N15C-05-221 ASB, Del. Super....

Mealey's Toxic Tort/Environmental - Judge Finds Delaware Lacks Jurisdiction Over Asbestos Case Against Power Company

WILMINGTON, Del. - An out-of-state power company that allegedly exposed a Connecticut resident to asbestos in that state during service in the U.S. Navy is not subject to personal jurisdiction in Delaware, a federal judge held Sept. 14 (In re: Asbestos Litigation, Michael R. Harding, et al. v. A.O. Smith...

Mealey's Toxic Tort/Environmental - Reinsurer Opposes Motion To Bar Employee's Testimony In Asbestos Coverage Dispute

UTICA, N.Y. - In a dispute over an underlying $325 million settlement of asbestos claims, a reinsurer responds in a Sept. 13 opposition brief to an insurer's motion to exclude testimony from the reinsurer's former employee, arguing to a New York federal court that the former employee has extensive...

Mealey's Toxic Tort/Environmental - Florida Appeals Panel Affirms $14.3 Million Judgment In Engle Progeny Suit

LAKELAND, Fla. - A Second District Florida Court of Appeal panel on Sept. 15 affirmed a final judgment in favor of the surviving daughter of a woman who died from lung cancer caused by smoking after finding that an amendment to a Florida statute governing punitive damages did not apply to the case (R...

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 - Judge Consolidates Cases Regarding EPA Permits For Alleged Environmental Polluter

WASHINGTON, D.C. - A federal judge in the District of Columbia on Sept. 13 consolidated five cases brought by environmental groups against Environmental Protection Agency Administrator Scott Pruitt contending that he is in violation of federal law regarding the approval of a permit for ExxonMobil's...

Mealey's Toxic Tort/Environmental - Battery Company: Design Changes Caused Chemical Injury Explosion On Fracking Rig

OKLAHOMA CITY - A company that is the third-party defendant in a lawsuit brought by a man who alleges that he suffered chemical injuries from a lithium battery pack that exploded on a hydraulic fracturing rig filed a brief in Oklahoma federal court on Sept. 13, contending that the fracking company's...

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....

Mealey's Toxic Tort/Environmental - Federal Judge Schedules Jury Trial In Reinsurance Suit Over Asbestos Claims

SYRACUSE, N.Y. - In a reinsurance dispute over coverage for underlying asbestos injury claims, an insurer writes in a letter filed in a New York federal court on Sept. 19 that it rejects a reinsurer's suggestion that it dismiss the case without prejudice because the case presents a justiciable controversy...