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Mealey's Toxic Tort/Environmental - Florida Appeals Panel Upholds $14 Million Tobacco Verdict

LAKELAND, Fla. - A panel of the Florida Second District Court of Appeal on July 14 affirmed a $14 million verdict in an Engle progeny suit without explanation and certified a conflict with another suit over comparative fault (R.J. Reynolds Tobacco Co., et al. v. Ina E. Ahrens, No. 2D16-1651, Fla. App...

Mealey's Toxic Tort/Environmental - ASARCO's Contribution Suit Stayed By Judge Pending Cleanup Plan's Approval

SALT LAKE CITY - A federal judge in Utah on July 11 stayed a lawsuit brought by American Smelting and Refining Co. LLC (ASARCO) seeking contribution toward $8.7 million it has spent remediating a former mining site near Park City, Utah, pending the U.S. Environmental Protection Agency's approval...

Mealey's Toxic Tort/Environmental - Replacement Parts Case Against Boiler Maker Proceeds, Judge Says

WILMINGTON, Del. - A man's allegations that he was personally responsible for ordering replacement parts for work on a boiler helps support his claims that he suffered exposure to asbestos from the work, a Delaware judge held July 12 (Clarence Dionne v. ABB Inc., et al., No. N14C-11-062 ASB, Del...

Mealey's Toxic Tort/Environmental - Judge Finds Evidence Of Exposure Lacking In Asbestos Valve Case

WILMINGTON, Del. - Evidence that a company manufactured valves with frequently replaced asbestos-containing components and that a man worked with that manufacturer's valves would impermissibly require a jury to speculate to find that the man suffered exposure to asbestos parts made or supplied by...

Mealey's Toxic Tort/Environmental - Michigan Law Frees Retailer From Asbestos Suit, Delaware Judge Says

WILMINGTON, Del. - Michigan law does not hold a retailer liable for failing to warn about the hazards posed by asbestos in floor tiles it sold, a judge in Delaware concluded July 12 in granting Sears Roebuck Co. summary judgment (Scott Glaser and Sandra Glaser v. Sears Roebuck Co., et al., No. N15C-08...

Mealey's Toxic Tort/Environmental - EPA: Pharmaceutical Company To Pay $35,000 For Improper Storage Of Waste

PHILADELPHIA - A regional office of the U.S. Environmental Protection Agency announced July 13 that Jubilant Cadista Pharmaceuticals Inc. has agreed to pay a $35,000 penalty for violating the Resource Conservation and Recovery Act (RCRA) by improperly storing lab solvents and corrosive cleaner waste...

Mealey's Toxic Tort/Environmental - Panel Dismisses Insurance Guaranty Association From Asbestos Coverage Dispute

RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on July 12 dismissed the Property & Casualty Insurance Guaranty Corp. (PCIGC) from an insured insulation company's appeal of a partial summary judgment order entered in favor of a number of solvent and insolvent insurers involved in an...

Mealey's Toxic Tort/Environmental - Plaintiff, Amici: Cumulative Asbestos Exposure Opinion Isn't Remarkable

CLEVELAND - Household exposures from brake jobs meet the frequency, regularity and proximity test for asbestos cases in Ohio, and nothing in an expert's testimony regarding the scientific fact that individual exposures contribute to the total cumulative dose invokes the "every exposure"...

Mealey's Toxic Tort/Environmental - Judge Allows Jury To Hear, But Limits, Asbestos Fiber Causation Hypothetical

MADISON, Wis. - To the extent that science recognizes it as a fact, a plaintiff may introduce expert testimony to the effect that a single asbestos fiber can theoretically cause mesothelioma, so long as neither the plaintiff nor the expert suggests that this establishes liability, a federal judge in...

Mealey's Toxic Tort/Environmental - Virgin Island Judge Dismisses Stipulation Involving Nonparty Asbestos Defendant

CHRISTIANSTED, Virgin Islands - The complexity of asbestos cases explains, but does not excuse, a motion for stipulated dismissal of a defendant not party to an asbestos case and underscores a bigger problem in the litigation, a judge in the Virgin Islands held July 13 (Arthur Paul v. Rraitan Supply...

Mealey's Toxic Tort/Environmental - Railway Company: Residents' Chemical Injury Case Fails For Lack Of Injury Evidence

KNOXVILLE, Tenn. - CSX Transportation Inc. on July 17 filed a brief in Tennessee federal court arguing that a chemical injury lawsuit brought against it by a purported class of residents should be dismissed because the claims are "barred by the economic loss doctrine" and the plaintiffs "have...

Mealey's Toxic Tort/Environmental - New Jersey Federal Magistrate Consolidates 2 Environmental Contamination Lawsuits

NEWARK, N.J. - A New Jersey federal magistrate judge on July 14 granted an insured's motion to consolidate a subrogation lawsuit filed by a property owner against an insured and an insurance coverage lawsuit filed against the insured after determining that the suits involve common questions of law...

Mealey's Toxic Tort/Environmental - 9th Circuit Refuses To Force EPA To Revoke Food Tolerance For Chlorpyifos

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on July 18 denied a motion for writ of mandamus sought by two environmental groups that want the U.S. Environmental Protection Agency to revoke all food tolerances for, and cancel the registration of, a pesticide chlorpyifos (In re: Pesticide Action...

Mealey's Toxic Tort/Environmental - Flint Water Defendants: Motion To Certify Appeal As 'Frivolous' Should Be Stricken

DETROIT - A group of defendants affiliated with the city of Flint, Mich., on July 18 filed a brief in Michigan federal court contending that a motion to certify their appeal of a district court ruling as "frivolous," which was filed by city residents in a lead-contaminated drinking water lawsuit...

Mealey's Toxic Tort/Environmental - Court Orders EPA To Explain Use Of Surrogates For Emissions Standards

WASHINGTON, D.C. - The District of Columbia U.S. Circuit Court of Appeals on July 18 ordered the U.S. Environmental Protection Agency to explain to two environmental groups why the agency relied on surrogates to determine maximum achievable control technology (MACT) standards for emissions of three hazardous...

Mealey's Toxic Tort/Environmental - 5th Circuit: Business Owners Cannot Seek Lost Wages Under BP Settlement

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on July 19 affirmed a federal judge's ruling to uphold an appeal denying individual economic loss (IEL) claims submitted by three corporate officers of an architectural firm to the Court Supervised Settlement Program (CSSP) for the Deepwater...

Mealey's Toxic Tort/Environmental - Judge: Cumulative Exposure, 'Every Exposure' Theories Are Equally Inadmissible

BALTIMORE - Expert testimony that asbestos "cumulates" in the body and leads to disease is indistinguishable from the theory that every exposure to asbestos leads to disease and is inadmissible under federal rules and Daubert v. Merrell Dow Pharm., Inc., a federal judge in Maryland held July...

Mealey's Toxic Tort/Environmental - Judge: Court, Not Jury Will Decide Penalty For Violating Clean Air Act

PEORIA, Ill. - A federal judge in Illinois on July 18 denied a request by defendant companies seeking to have a jury decide if they should pay a civil penalty for violating the Clean Air Act (CAA), finding that the statute specifically states that the court will assess what penalty should be imposed...

Mealey's Toxic Tort/Environmental - New York Justice Denies Stay While Defendants Appeal New Asbestos CMO

NEW YORK - The justice recently appointed to oversee the New York City asbestos litigation (NYCAL) said July 18 that he would not stay implementation of the case management order (CMO) issued by the previous coordinating justice while the defendants appeal, sources told Mealey Publications (In re: New...

Mealey's Toxic Tort/Environmental - Court Allows Widow To Add Claims To Suit Over Missing Asbestos Payment

NEW YORK - A widow may add claims for declaratory judgment and tortious interference with contract to her case claiming that insurers and an administrator are intentionally delaying or denying payment on a more than $7 million asbestos verdict, a New York justice held in an opinion posted July 18 (Ruby...

Mealey's Toxic Tort/Environmental - New York Appellate Court Stays Most Of New Asbestos CMO

NEW YORK - A New York appellate court on July 20 stayed implementation of all but the hotly contested punitive damages provision of the recent New York City asbestos litigation (NYCAL) case management order (CMO) while it considers defendants' challenges (In re: New York City Asbestos Litigation...

Mealey's Toxic Tort/Environmental - 24 Arizona Residents Sue Monsanto, Allege They Got Cancer From Glyphosate

PHOENIX - An Arizona man filed a complaint in the U.S. District Court for the District of Arizona on July 19 against Monsanto Co., alleging that its herbicide Roundup, which contains the chemical glyphosate, caused him to develop cancer. The case is one of 24 cancer cases filed by the same attorney against...

Mealey's Toxic Tort/Environmental - Florida Jury Awards $1.6 Million To Plaintiff In Retrial Of Engle Progeny Lawsuit

FORT MYERS, Fla. - In a retrial of an Engle progeny suit, a Florida jury on July 18 found that a woman's lung cancer and death were caused by her addiction to cigarettes and R.J. Reynolds Tobacco Co.'s failure to warn her about the dangers of smoking and awarded her husband $1.65 million (John...

Mealey's Toxic Tort/Environmental - Parties Settle Asbestos Action After Judge Admits Industrial Hygienist

BALTIMORE - A couple on July 19 settled with the two remaining defendants whose conduct allegedly caused exposure to asbestos, just two days after a judge denied a motion to exclude expert testimony from the defendant's industrial hygienist (Charles Lemuel Arbogast Jr., et al. v. A.W. Chesterton...

Mealey's Toxic Tort/Environmental - Groups: EPA Should Be Ordered To Respond To Petition Regarding Permit Opposition

WASHINGTON, D.C. - A collection of environmental advocacy groups on July 20 filed a lawsuit in the U.S. District Court for the District of Columbia seeking declaratory and injunctive relief against U.S. Environmental Protection Agency Administrator Scott Pruitt pursuant to the Clean Air Act (CAA), 42...