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Mealey's Toxic Tort/Environmental - N.Y. Justice Rejects Power Company's Reargument Of Asbestos Indemnity Claim

NEW YORK - A power company's contracts with its contractors requires indemnification only after the establishment of liability, a New York justice held in denying reargument in an asbestos case in an opinion posted Nov. 30 (In re New York City Asbestos Litigation Michael Koulermos and Marian Koulermos...

Mealey's Toxic Tort/Environmental - Michigan Residents Sue GM In State Court For Fraud Related To Tainted Groundwater

HOWELL, Mich. - Michigan residents sued General Motors LLC in state court on Nov. 30, alleging that the company contaminated their drinking water by releasing hazardous materials into the groundwater at GM's Milford Proving Grounds (MPG) facility (Terry Moore, et al. v. General Motors LLC, No. N...

Mealey's Toxic Tort/Environmental - Judge Dismisses 3 Companies From CERCLA Suit, Finds No Evidence Of Arranging

DAYTON, Ohio - A federal judge in Ohio on Nov. 30 awarded summary judgment to three defendant companies in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) lawsuit after finding that there was no sufficient evidence showing that they arranged for the disposal of hazardous...

Mealey's Toxic Tort/Environmental - Florida Supreme Court Denies Petition For Review In Engle Progeny Suit

TALLAHASSEE, Fla. - The Florida Supreme Court on Dec. 4, without explanation, denied an Engle progeny plaintiff's petition for review in appealing a lower court's decision to vacate a $16.8 million verdict and grant a new trial in a tobacco suit (Cynthia Robinson v. R.J. Reynolds Tobacco Co....

Mealey's Toxic Tort/Environmental - N.J. Appeals Court Finds Agency Properly Issued Permit For Remediation Project

TRENTON, N.J. - The New Jersey Department of Environmental Protection (NJDEP) did not err when issuing a permit that allowed Princeton University to remediate a seven-acre site that was contaminated from previous pesticide use, a New Jersey appeals court ruled Dec. 1, finding that the notice provided...

Mealey's Toxic Tort/Environmental - Judge Orders Pig Farm To Allow Consultant To Continue Remediation Work

NEW BERN, N.C. - A federal judge in North Carolina on Dec. 4 ordered Smithfield Foods Inc. to allow a consultant to have access to 11 farms to continue to investigate how to reduce groundwater contamination, finding that the work is allowed under a consent decree the company entered into with two environmental...

Mealey's Toxic Tort/Environmental - Panel Denies Rehearing Sought By Companies In California Lead-Based Paint Lawsuit

SAN FRANCISCO - A California appellate panel on Dec. 6 denied a petition for rehearing filed by former makers of lead-based paint that contended that the panel previously "misstated and omitted material facts" when it found that there was "substantial evidence" that the companies...

Mealey's Toxic Tort/Environmental - Talc Plaintiff: Asbestos Case Survives Exclusion Of Experts

PHILADELPHIA - The exclusion of two experts did little to change the state of a case as two other experts hold the same opinions regarding asbestos-contaminated talc's role in causing mesothelioma, a woman told a Pennsylvania judge on Dec. 4 (Sally Brandt, et al. v. The Bon-Ton Stores Inc., et al...

Mealey's Toxic Tort/Environmental - Man Says Asbestos Law Doesn't Require Medical Opinion On 'Smoker' Status

COLUMBUS, Ohio - Requiring every asbestos lung cancer plaintiff who ever smoked tobacco to provide a medical expert opinion that the person doesn't qualify as a "smoker" would produce absurd results, burden nonsmokers and is at odds with a decade of precedent and the law's intent, a...

Mealey's Toxic Tort/Environmental - Court: Company Must Produce Evidence It Proffered For Asbestos Plaintiff's Review

SPRINGFIELD, Ill. - A judge properly ordered a boiler company to produce more than 5,000 index cards after the company voluntarily permitted inspection by an asbestos plaintiff, an Illinois appeals court held Dec. 5 (Larry Salvatore Sr., et al. v. Cleaver-Brooks, et al., No. 4-17-0173, Ill. App., 4th...

Mealey's Toxic Tort/Environmental - Engle Progeny Plaintiff Files Notice Of Appeal Following Defense Verdict

WEST PALM BEACH, Fla. - Following a defense verdict in an Engle progeny trial, a woman who sued on behalf of her deceased husband filed a notice of appeal with Florida's Fourth Appellate District Court on Dec. 4, saying the trial court erred in denying her motion for a new trial (Doris E. Shadd v...

Mealey's Toxic Tort/Environmental - Halliburton Must Provide Information In Groundwater Case, Plaintiffs Say

OKLAHOMA CITY - Residents who argue that Halliburton Energy Services Inc. (HESI) is liable for contaminating their drinking water supply with perchlorate on Dec. 6 filed a brief in an Oklahoma federal court contending that HESI should be compelled to produce documents and other information (Albin Family...

Mealey's Toxic Tort/Environmental - Judge Finds Evidence Lacking In Laborer's Asbestos Case Against Union Carbide

DURHAM, N.C. - Two co-workers' inability to recall how a man could have been exposed to a defendant's product is the extent of a man's asbestos case and falls short of the regular, frequent, proximate standard for causation, a federal judge in North Carolina said Dec. 7 (Jonathan A. Queen...

Mealey's Toxic Tort/Environmental - 1st Circuit: Company Could Not Foresee Risk Of PCB-Containing Caulk

BOSTON - Pharmacia Corp. could not have foreseen that an additive it manufactured containing polychlorinated biphenyl (PCB) that was used in caulk would have posed a risk to human health at the time the product was used in a Massachusetts middle school in 1969, a First Circuit U.S. Court of Appeals panel...

Mealey's Toxic Tort/Environmental - Florida Jury Awards $806,000 To Plaintiff In Tobacco Suit

PENSACOLA, Fla. - A Florida jury on Dec. 7 awarded $225,000 in punitive damages to an Engle progeny plaintiff, bringing the total award to a widow whose husband died from coronary artery disease to $806,000 (Veda Bryant v. Philip Morris USA Inc., No. 2015-CA-001691, Fla. Cir., 1st Jud., Escambia Co....

Mealey's Toxic Tort/Environmental - U.S. Top Court Asks Man To Defend Asbestos Verdict From Jurisdiction Challenge

WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 8 asked a man awarded $6 million for his mesothelioma to respond to a drywall materials company's petition asking the court to find jurisdiction lacking and vacate the verdict (Murco Wall Products Inc. v. Michael D. Galier, No. 17-733, U.S. Sup.)...

Mealey's Toxic Tort/Environmental - Judge: Deleting Asbestos Claim Doesn't Eliminate Federal Jurisdiction

NEW ORLEANS - The presence of a second defendant entitled to federal jurisdiction means that despite proper elimination of claims against a shipyard, an asbestos case will stay in federal court, a federal judge in Louisiana held Dec. 6 (Diane Pitre, et al. v. Huntington Ingalls Inc., et al., No. 17-7029...

Mealey's Toxic Tort/Environmental - Sierra Club, Company Briefs Dispute Liability For Groundwater Contamination

RICHMOND, Va. - The Sierra Club and a Virginia power company filed competing briefs on Dec. 7 in the Fourth Circuit U.S. Court of Appeals, arguing that a lower court erred in its ruling on the environmental group's groundwater contamination claim. The Sierra Club contends that the company should...

Mealey's Toxic Tort/Environmental - Judge Gives Group Limited Access To EPA Documents About PCB Contamination

WASHINGTON, D.C. - A nonprofit group on Dec. 11 was given full access to four U.S. Environmental Protection Agency documents and limited information in two agency documents regarding suspected polychlorinated biphenyl (PCB) contamination at the Santa Monica Malibu Unified School District (SMMUSD) by...

Mealey's Toxic Tort/Environmental - Flint Water Crisis Defendants: 'Preservation Subpoenas' Should Be Denied

DETROIT - Engineering consultants who have been named as defendants in the lead-contaminated water crisis in Flint, Mich., on Dec. 12 filed a brief in Michigan federal court, arguing that the plaintiffs' request for "preservation subpoenas" to preserve evidence should be denied (In re Flint...

Mealey's Toxic Tort/Environmental - Defendant In Flint Water Case: Safe Drinking Water Is Not A Right, Claims Fail

DETROIT - One of the defendants in the lawsuit brought by residents of Flint, Mich., alleging injuries from exposure to lead-contaminated drinking water on Dec. 8 filed a brief opposing the plaintiffs' amended complaint on grounds that there is no constitutional right to safe drinking water and she...

Mealey's Toxic Tort/Environmental - Group's Presuit Notification Was Sufficient In Suit Over Discharges, Judge Rules

SAN DIEGO - A federal judge in California on Dec. 8 refused to dismiss an environmental group's Clean Water Act lawsuit against the operator of a salvage yard, finding that the group's presuit notification was sufficient and that it adequately alleged that the defendant is failing to comply with...

Mealey's Toxic Tort/Environmental - Texas Court Won't Reconsider $18.6M Verdict, Radiation-Asbestos Causation Issue

DALLAS - A Texas appeals court on Dec. 12 declined to once again wade into a dispute over whether a company preserved the right to appeal a ruling on the role radiation may have played in a man's lung cancer and the resulting $18.6 million asbestos verdict (The Goodyear Tire & Rubber Co. v. Vicki...

Mealey's Toxic Tort/Environmental - Magistrate Judge Finds Evidence Of Exposure To Original Vehicle Parts Sufficient

WILMINGTON, Del. - A man's testimony that he worked on his wife's new Ford Motor Co. Mustang is sufficient evidence on which to allege exposure to asbestos in originally installed parts, products the company had a duty to warn about, a federal magistrate judge in Delaware said Dec. 12 while granting...

Mealey's Toxic Tort/Environmental - Lawyer Wants Action Seeking Asbestos Witness Coaching Deposition Reinstated

DALLAS - A judge stepped outside the bounds of a motion challenging jurisdiction and resolved merit questions, a woman told a Texas appeals court on Dec. 8 in asking it to reinstate her case seeking to obtain a copy of a deposition she claims will show an asbestos law firm coaching witnesses (Christine...