LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - Whistleblower: Issues Remain About Protected Speech In Flint Water Crisis Case

CINCINNATI - A woman who was formerly the administrator for the city of Flint, Mich., and then became a whistleblower after the lead-contaminated water crisis in that city on Feb. 14 filed a brief in the Sixth Circuit U.S. Court of Appeals contending that a district court erred when it granted the city's motion for summary judgment because there are genuine disputes of material facts regarding her claims under state law, as well as the First Amendment (Natasha Henderson v. City of Flint, Mich., No. 17-2031, 6th Cir.).

Mealey's Toxic Tort/Environmental - County Says Judge's Widow's Asbestos Action Is Untimely Under Texas Law

HOUSTON - Texas law requires that claimants give notice of a workers' compensation claim within six months of the incident, rendering untimely a woman's asbestos action filed years after her husband retired as a judge, the county told a Texas appellate court on Feb. 12 (Jefferson County, Texas v. Ellarene Farris, et al., No. 01-17-00493-CV, Texas App., 1st Dist.).

Mealey's Toxic Tort/Environmental - Florida Appeals Panel Affirms Dismissal Of 73 Engle Progeny Suits

TALLAHASSEE, Fla. - A panel of the First District Florida Court of Appeal on Feb. 8 affirmed a lower court's decision to dismiss 73 Engle progeny suits filed by two law firms on behalf of deceased plaintiffs because "a dead person cannot file and maintain a lawsuit" (In Re 73 Engle-Related Cases, No. 1D16-2651, Fla. App., 1st Dist., 2018 Fla. App. LEXIS 1819).

Mealey's Toxic Tort/Environmental - Judge: Landowner Must Address New Evidence In Asbestos Premises Suit

WILMINGTON, Del. - A landowner must address new evidence related to whether it had a duty under Louisiana law to protect a contractor from asbestos exposure, a Delaware judge held Jan. 30 (Sandra Kivell, et al. v. Murphy Oil USA Inc., et al., No. N15C-07-093 ASB, Del. Super., New Castle Co.).

Mealey's Toxic Tort/Environmental - Toxicologist's Opinions On Contaminated Site Upheld By Kentucky Federal Judge

LEXINGTON, Ky. - Even though a toxicology expert's opinion on what level of pollutants causes health problems is contrary to federal and Kentucky law, it is still reliable enough to help a jury determine common-law liability, a Kentucky federal judge held Jan. 25 in declining to exclude the expert's testimony (Modern Holdings, LLC, et al. v. Corning, Inc., et al., No. 5:13-cv-00405, E.D. Ky., 2018 U.S. Dist. LEXIS 11891).

Mealey's Toxic Tort/Environmental - NRDC Sues EPA Over Directive Barring Some Scientists From Advisory Committees

NEW YORK - The Natural Resources Defense Council (NRDC) on Jan. 24 sued EPA Administrator Scott Pruitt in a New York federal court, alleging that he violated federal law when he issued a directive barring qualified scientists from serving on the agency's advisory committees that provide recommendation on safe drinking water and other environmental issues (Natural Resources Defense Council Inc. v. Scott Pruitt, No. 18-613, S.D. N.Y.).

Mealey's Toxic Tort/Environmental - 1st Circuit: EPA's Approval Of Stormwater Discharge Limits Does Not Require Notice

BOSTON - A First Circuit U.S. Court of Appeals panel on Jan. 24 affirmed the dismissal of two lawsuits brought by environmental groups against the U.S. Environmental Protection Agency, holding that the agency's approval of total maximum discharge limits (TMDLs) of stormwater for bodies of water in Rhode Island and Massachusetts did not trigger a duty to provide notice to potential dischargers (Conservation Law Foundation v. U.S. Environmental Protection Agency, Nos. 17-1166, 17-1354, 1st Cir., 2018 U.S. App. LEXIS 1734).

Mealey's Toxic Tort/Environmental - Supreme Court Rejects Challenge To Money-Laundering, Asbestos Scheme Evidence

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 16 declined to address former New York Assembly Speaker Sheldon Silver's claim that a circuit court split exists over how to handle commingled funds in money-laundering cases and whether directing individuals to a law firm constitutes normal attorney conduct or is something more untoward (United States of America v. Sheldon Silver, No. 17-562, U.S. Sup.).

Mealey's Toxic Tort/Environmental - Law Firm: Texas Overstates Case In Urging Unsealing Of Asbestos Deposition

DALLAS - The Texas attorney general overstates the case in favor of unsealing deposition testimony from a law firm's principal and ignores that there is no evidence the record constitutes a court document, appellees told the state's appeals court on Jan. 3 (Christine Cole Biederman v. Beverly Jean Brown, et al., No. 01-07-00263-CV, Texas App., 1st Dist.).

Mealey's Toxic Tort/Environmental - Pennsylvania Court Remands $6.4M Asbestos Verdict For New Trial On Liability

PHILADELPHIA - Pennsylvania law all but eradicating joint and several liability applies to strict liability asbestos cases, a state appellate court held in remanding for a new trial on the issue of liability Dec. 28 (William Roverano, et al. v. John Crane Inc. et al., Nos. 2837 EDA 2016, 2847 EDA 2016, Pa. Super.).

Mealey's Toxic Tort/Environmental - Asbestos Company Says Ohio Law Requires Tobacco Users To Prove They Aren't Smokers

COLUMBUS, Ohio - Only by requiring those who use to tobacco products to submit medical reports indicating whether they qualify as "smokers" can Ohio courts give the General Assembly's choice of words meaning, a company told the Ohio Supreme Court on Dec. 22 (Bobby Turner, et al. v. Union Carbide Corp., et al., No. 17-0004, Ohio Sup.).

Mealey's Toxic Tort/Environmental - Court Reverses, Finds Judge Improperly Disregarded Asbestos Deposition Testimony

OAKLAND, Calif. - A judge misconstrued portions of testimony in concluding that a deposition contradicted a previous declaration, and the apparent belief that the testimony was lacking because the witness did not testify to directly witnessing asbestos exposures is contrary to the law, a California appeals court held Dec. 22 (Keith Turley and Joy Ann Turley v. Familian Corp., No. A149752, Calif. App., 1st Dist.).

Mealey's Toxic Tort/Environmental - Court Kicks Appeal Challenging 2014 Mesothelioma Law To Missouri High Court

KANSAS CITY, Mo. - Whether a 2014 law providing enhanced workers' compensation benefits for mesothelioma victims retroactively upsets vested interests is a constitutional question for the state's top court, the Missouri Court of Appeals held Dec. 19 (Accident Fund Insurance Co., et al. v. Robert Casey, et al., Nos. WD80470, WD80481, WD80525, Mo. App., 2017 U.S. Dist. LEXIS 207148).

Mealey's Toxic Tort/Environmental - Texas Attorney General Wants Merit Ruling On Sealed Asbestos Lawyer's Deposition

DALLAS - Texas law governing sealed court records permit any one, at any time, to challenge whether such documents should remain out of the public's eye, the state's attorney general told an appeals court Dec. 15 in urging it to remand a case for a determination of the merits of a case challenging the sealing of a lawyer's deposition in an asbestos case (Christine Cole Biederman v. Beverly Jean Brown, et al., No. 01-07-00263-CV, Texas App., 1st Dist.).

Mealey's Toxic Tort/Environmental - Groups Sue Federal Agency Over Amendment To Methane Rule For Energy Companies

SAN FRANCISCO - A collection of environmental advocacy groups on Dec. 19 filed a lawsuit in California federal court against Secretary of the Interior Ryan Zinke and two federal agencies contending that they are violating federal law with regard to the U.S. Bureau of Land Management's (BLM) final decision to amend the compliance deadlines for what is known as the methane waste prevention rule (Sierra Club, et al. v. Ryan Zinke, et al., No. 17-7187, N.D. Calif.).

Mealey's Toxic Tort/Environmental - Amici: Case Law, Logic, Preclude Manufacturer Liability For Take-Home Exposures

WILMINGTON, Del. - Imposing liability for take-home asbestos exposures on manufacturers would make no sense given Delaware's precedent and would open those defendants up to a flood of potentially limitless liability and litigation, a group of amicus parties told the Delaware Supreme Court on Dec. 15 (Elizabeth Ramsey, et al. v. Georgia Southern University Advanced Development Center, et al., No. 305, 2017, Del. Sup.).

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 Cole Biederman v. Beverly Jean Brown, et al., No. 01-07-00263-CV, Texas App., 1st Dist.).

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 pay penalties and is liable for violations of federal law, while the company says it is not liable for any pollution (Sierra Club v. Virginia Electric & Power Company f/k/a Dominion Virginia Power, No. 17-1895, 4th Cir.).

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 man told the Ohio Supreme Court Dec. 6 (Bobby Turner, et al. v. Union Carbide Corp., et al., No. 17-0004, Ohio Sup.).

Mealey's Toxic Tort/Environmental - Amici: Severe Departure From Delaware Asbestos Law In Case Against Manufacturers

WILMINGTON, Del. - A court erred "in the most fundamental sense" in applying the wrong standard and relieving manufacturers of liability for take-home asbestos exposures simply because they were more distant from the exposed individual than the premises owner, amici curiae tell Delaware's top court in a Nov. 20 brief (Elizabeth Ramsey, et al. v. Georgia Southern University Advanced Development Center, et al., No. 305, 2017, Del. Sup.).

Mealey's Toxic Tort/Environmental - New York Investigation Reveals Housing Authority Falsified Lead-Hazard Reports

NEW YORK - The New York Department of Investigation (DOI) on Nov. 15 issued a report indicating that the New York City Housing Authority (NYCHA) failed to conduct mandatory safety inspections for lead paint during a four-year period beginning in 2013 but falsified reports to the U.S. Department of Housing and Urban Development stating that the NYCHA was in compliance with federal laws pertaining to those inspections.

Mealey's Toxic Tort/Environmental - Asbestos Law Mandates Medical Expert Weigh In On 'Smoker' Status, Company Says

COLUMBUS, Ohio - The law clearly requires those bringing asbestos-related lung cancer claims to submit a medical expert's opinion regarding whether the plaintiff qualifies as a smoker of tobacco products, language intended to prioritize asbestos lung cancer claims and insulate untrained judges from having to translate medical records, a company told the Ohio Supreme Court on Nov. 7 (Bobby Turner, et al. v. Union Carbide Corp., et al., No. 17-0004, Ohio Sup.).

Mealey's Toxic Tort/Environmental - Law Firm: Asbestos Deposition Isn't Court Record, Jurisdiction Can't Be Revived

DALLAS - A court lacks jurisdiction over 20-year-old deposition testimony into the creation of a memo some believe shows lawyers coaching asbestos witnesses because the testimony is not a court document, plaintiffs and their law firm told a Texas appeals court on Nov. 3 (Christine Cole Biederman v. Beverly Jean Brown, et al., No. 01-07-00263-CV, Texas App., 1st Dist.).

Mealey's Toxic Tort/Environmental - Judge Finds Workers' Comp Law Bars Claims Against Premises Owner

WILMINGTON, Del. - A man employed by third parties at a chemical plant and whose work was controlled by those parties has no negligence claim against the premises owner, a Delaware judge held Oct. 26 (Jeffrey A. Warner v. Covestro LLC, et al., No. N15C-02-060 ASB, Del. Super., New Castle Co.).

Mealey's Toxic Tort/Environmental - Retention Of Removed Asbestos Claims Isn't Final Decision, 4th Circuit Says

RICHMOND, Va. - A judge's decision to sever and remand state law asbestos claims while retaining jurisdiction over third-party claims is not a final decision subject to appellate review, the Fourth Circuit U.S. Court of Appeals held Oct. 24 (Wayne Oliver v. Campbell-McCormick Inc., et al. v. Clifford Oliver, June Stearns v. The Walter Campbell Co. Inc., No. 16-1895, 4th Cir., 2017 U.S. App. LEXIS 21220).