LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - Municipal Water Agency Objects To Company's Bill Of Costs In Groundwater Case

CENTRAL ISLIP, N.Y. - A municipal water district on May 31 filed a brief in a New York federal court contending that Northrop Grumman's bill of costs in the litigation between the parties concerning contaminated groundwater should be denied in its entirety (Bethpage Water District v. Northrop Grumman...

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 - 7th Circuit Says Jurisdiction Lacking For John Crane's RICO Claims Against Firms

CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on June 4 agreed with a federal judge that fraud and racketeering suits filed by frequent asbestos defendant John Crane Inc. (JCI) against two law firms and their principals do not belong in Illinois federal court just because JCI is located in...

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 - California School District, Water Company Sue Dow, Others For Water Contamination

SAN FRANCISCO - A California school district and a water company on June 4 filed two separate complaints against The Dow Chemical Co. in California state court, contending that it and other chemical companies are liable for contaminating the local groundwater with 1,2,3-trichloropropane (TCP) (Superior...

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 - Florida Appeals Court: Stay Of Judgment In Engle Progeny Case Required

WEST PALM BEACH, Fla. - A Florida judge erred in refusing to stay execution of a judgment where R.J. Reynolds Tobacco Co. complied with Florida's bond-cap statute by posting a $15 million bond, the Fourth District Florida Court of Appeal ruled June 6 (R.J. Reynolds Tobacco Co. v. Jan Grossman, No...

Mealey's Toxic Tort/Environmental - Texas Federal Judge Sends Lawsuit Over Deeming Rule To D.C. Federal Court

DALLAS - In a June 4 order, a federal judge in Texas agreed to send a lawsuit that questions the constitutionality of the U.S. Food and Drug Administration's "deeming rule" to the U.S. District Court for the District of Columbia for further adjudication (Rave Salon Inc., et al., v. U.S...

Mealey's Toxic Tort/Environmental - Florida Appeals Court Affirms Transfer Of Engle Progeny Lawsuit

MIAMI - In a per curiam opinion issued June 6, the Third District Florida Court of Appeal rejected a challenge by the widow of a smoker of a July 2017 transfer of her wrongful death claims against R.J. Reynolds Tobacco Co. from Miami-Dade to Martin County (Phyllis Muro v. R.J. Reynolds Tobacco Co., No...

Mealey's Toxic Tort/Environmental - New York Justice Says Directive Not To Cut Asbestos Can't Free Company From Suit

NEW YORK - A telephone company's missive telling workers they should not cut asbestos-containing plates does not evidence compliance with the directive and is not enough alone to overcome evidence suggesting exposure from electrical work, a New York justice held in an opinion posted June 4 (Anne...

Mealey's Toxic Tort/Environmental - Florida High Court Holds Arguments In Dispute Over Adult Child's $20M Award

TALLAHASSEE, Fla. - In oral arguments on June 6 in a dispute over a vacated $20 million compensatory and punitive damage award, Florida Supreme Court Justice Barbara J. Pariente told an attorney for R.J. Reynolds Tobacco Co. that the relationship between a plaintiff and her late mother, who died of lung...

Mealey's Toxic Tort/Environmental - Toxic Tort Law Firm Accused Of Breach Of Conduct Removes Case To Federal Court

SCRANTON, Pa. - A law firm on June 4 removed to the U.S. District Court for the Middle District of Pennsylvania a putative class action brought against it by a man who contends that the firm breached its professional obligations that were part of a contingent fee agreement in an underlying toxic tort...

Mealey's Toxic Tort/Environmental - Judge: Company's Request To Add Environmental Claim Untimely

BUFFALO, N.Y. - A federal judge in New York on June 7 denied a company's request to vacate a judgment for it to add a claim under the Resource Conservation and Recovery Act (RCRA) to a suit it is bringing against the U.S. Environmental Protection Agency, holding that the plaintiff had years to amend...

Mealey's Toxic Tort/Environmental - Jurors: Addiction Not Legal Cause Of Florida Man's Lung Cancer Death

MIAMI - A Florida jury on June 6 sided with R.J. Reynolds Tobacco Co. when, after brief deliberations, it found that a plaintiff's husband - who died in 1994 of lung cancer - was not a member of the Engle class (Eulalia Lopez v. R.J. Reynolds Tobacco Co., et al., No. 2008-076453-CA-01., Fla. Cir...

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 - Government Agency Issues New Standard For Workplace Exposure To Silica

WASHINGTON, D.C. - The Occupational Safety & Health Administration (OSHA) on June 11 issued a standard to limit the exposure of workers to respirable crystalline silica in general industry and maritime occupations.

Mealey's Toxic Tort/Environmental - Printing Press Company Can't Escape Man's Asbestos Suit

NEW YORK - An affidavit largely details the period after a man's alleged asbestos exposure and cannot free a printing press company from the lawsuit, a New York justice held in an opinion posted June 12 (Christine Capilets, et al. v. Aerco International, et al., No. 190060/2016, N.Y. Sup., New York...

Mealey's Toxic Tort/Environmental - Pennsylvania Court Affirms Asbestos Testimony, Evidence Insufficiency Rulings

HARRISBURG, Pa. - A man cannot challenge exclusion of testimony after failing to properly complain of the issue on appeal and has not demonstrated error in a trial court's conclusion that evidence of exposure to asbestos was insufficient, a Pennsylvania appeals court held June 12 (Robert E. Eorio...

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 - Tobacco Plaintiff's $18.7 Million Award Upheld By Appeals Court

TALLAHASSEE, Fla. - In a June 13 per curium decision, the First District Florida Court of Appeal let stand a jury's award of $18.7 million on behalf of the widow of a smoker in an Engle progeny wrongful death case (Philip Morris USA Inc. v. Mary Faricy Pardue on behalf of the estate of John H. Faricy...