LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - 5th Circuit Vacates Remand, Orders Consideration Of Jurisdiction Issues

NEW ORLEANS - An asbestos case removed on other grounds may remain in federal court where dismissal leaves only parties with complete diversity, but on remand a federal court must determine if that situation applies to the case before it, a Fifth Circuit U.S. Court of Appeals panel held Aug. 25 (Joannie L. Jefferson, et al. v. Certain Underwriters at Lloyd's London, No. 15-30211, 5th Cir.; 2016 U.S. App. LEXIS 15867).

Mealey's Toxic Tort/Environmental - Alaska High Court Says Tainted Groundwater Case Not Barred By Statute

JUNEAU, Alaska - The Alaska Supreme Court on Aug. 26 ruled that a refinery owner's claim for indemnification against the refinery's previous owner, which was related to a lawsuit alleging groundwater contamination brought by a local resident, was not barred by the statute of limitations (Flint Hills Resources Alaska LLC v. Williams Alaska Petroleum Inc., et al., No. S-15654, Alaska Sup.).

Mealey's Toxic Tort/Environmental - Judge Says Defendant Company Can Pursue Cost-Recovery, Contribution Claims

RENO, Nev. - A defendant company can pursue claims for cost recovery and contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against a plaintiff and third-party defendant, a federal judge in Nevada ruled Aug. 26, holding that the third-party defendant was an operator of the site at issue and that the costs it seeks to recover are different from those sought by the plaintiff company (Diamond X Ranch LLC v. Atlantic Richfield Company, No. 13-cv-00570, D. Nev.; 2016 U.S. Dist. LEXIS 114799).

Mealey's Toxic Tort/Environmental - Judge Remands Agent Orange Benefits Case, Says Exposure Not Established

WASHINGTON, D.C. - A judge in the U.S. Court of Appeals for Veterans Claims on Aug. 24 remanded for review a case in which a veteran contends that he was exposed to Agent Orange while stationed at a military base in Arkansas, stating that it has not been determined whether the presumption of exposure has been established (Glenn R. Heffington v. Robert A. McDonald, No. 15-2603, U.S. App. Vet. Clms.; 2016 U.S. App. Vet. Claims LEXIS 1282).

Mealey's Toxic Tort/Environmental - Judge Remands Agent Orange Benefits Case, Says Exam And Opinion Were Not Adequate

WASHINGTON, D.C. - A judge in the U.S. Court of Appeals for Veterans Claims on Aug. 25 remanded a veteran's case seeking benefits for injuries he claims were caused by exposure to Agent Orange, determining that the U.S. Department of Veterans Affairs failed to provide an adequate physical examination and opinion (Elliott J. Peterson v. Robert A. McDonald, No. 15-3243, U.S. App., Vet. Clms.; 2016 U.S. App. Vet. Claims LEXIS 1299).

Mealey's Toxic Tort/Environmental - Judge: Veteran Fails To Show Error In Denial Of Agent Orange Benefits

WASHINGTON, D.C. - A judge in the U.S. Court of Appeals for Veterans Claims on Aug. 26 ruled that a veteran who sought benefits for injuries stemming from exposure to Agent Orange failed to establish that he had come in contact with the chemical, and the judge affirmed a review board's decision to deny him benefits (Roger L. Hunter v. Robert A. McDonald, No. 15-3279, U.S. App., Vet. Clms.; 2016 U.S. App. Vet. Claims LEXIS 1303).

Mealey's Toxic Tort/Environmental - Florida Jury Renders Defense Verdict In Tobacco Trial

DELAND, Fla. - A Florida jury on Aug. 25 found that R.J. Reynolds Tobacco Co. was not responsible for the heart disease, lung cancer and death of a deceased health department worker whose daughter filed suit against the tobacco company (Debra Coursey v. R.J. Reynolds Tobacco Co., No. 2013-30656 CICI, Fla. 7th Jud. Cir., Volusia Co.).

Mealey's Toxic Tort/Environmental - Widow: U.S. Supreme Court Should Hear Benzene Death Case Due To Circuit Split

WASHINGTON, D.C. - The U.S. Supreme Court on Aug. 24 put on its docket a widow's appeal of an appellate court ruling that affirmed the dismissal of her wrongful death lawsuit against Shell Oil Co. for her husband's alleged exposure to gasoline containing benzene (Yolande Burst v. Shell Oil Company, et al., No. 16-241, U.S. Sup.).

Mealey's Insurance - Illinois Court Properly Found Contamination Suit Should Be Resolved In New Jersey

CHICAGO - The First District Illinois Appellate Court on Aug. 22 determined that a trial court did not err in dismissing an environmental contamination coverage suit filed by excess insurers because New Jersey, where a similar suit is pending, is the more appropriate venue to resolve the dispute (American Home Assurance Co., et al., v. National-Standard LLC, et al., No. 1-15-1363, Ill. App., 1st Dist., 1st Div.; 2016 Ill. App. Unpub. LEXIS 1733).

Mealey's Toxic Tort/Environmental - California Top Court Won't Review Grinding Machine Asbestos-Liability Ruling

SAN FRANCISCO - The California Supreme Court on Aug. 24 declined a motion seeking review of an appellate ruling holding that a grinding machine's inevitable use with third-party asbestos-containing automobile brakes creates potential liability under strict liability and negligence theories, according to its docket (Renee Rondon, et al. v. Hennessy Industries Inc., Nos. S234839, Calif. Sup.).

Mealey's Toxic Tort/Environmental - Pennsylvania Lawmaker Calls On State To Sue U.S. Navy Over Water Contamination

HARRISBURG, Pa. - Pennsylvania State Rep. Todd Stephens on Aug. 22 issued a press release calling on the Commonwealth of Pennsylvania to sue the U.S. Navy in an effort to force it to clean up water systems in Montgomery County, Pa., which the representative says are contaminated with perfluorinated chemicals (PFCs) from a Naval Air Station.

Mealey's Toxic Tort/Environmental - 9th Circuit Declines To Stay Remand While It Considers Asbestos Challenge

SAN FRANCISCO - An aircraft adhesives defendant lost its battle to stay an asbestos case and expedited hearing of its challenge to a remand order on Aug. 22, when the Ninth Circuit U.S. Court of Appeals discharged its order to show cause, denied the defendant's motion and sent the case to the merits panel (Velma Searcy v. 3M Co. and Hexcel Corp., No. 16-56034, 9th Cir.).

Mealey's Litigation Procedure - Only 3 Documents Sought By Insured Must Be Produced, Illinois Federal Judge Says

CHICAGO - An Illinois federal judge on Aug. 18 determined that three of 21 documents sought by an insured in an environmental contamination and chemical exposure coverage lawsuit are not privileged materials and must be produced by the insurer (Velsicol Chemical LLC v. Westchester Fire Insurance Co., No. No. 15-2534, N.D. Ill.; 2016 U.S. Dist. LEXIS 109736).

Mealey's Insurance - Only 3 Documents Sought By Insured Must Be Produced, Illinois Federal Judge Says

CHICAGO - An Illinois federal judge on Aug. 18 determined that three of 21 documents sought by an insured in an environmental contamination and chemical exposure coverage lawsuit are not privileged materials and must be produced by the insurer (Velsicol Chemical LLC v. Westchester Fire Insurance Co., No. No. 15-2534, N.D. Ill.; 2016 U.S. Dist. LEXIS 109736).

Mealey's Insurance - Federal Judge Dismisses Claims Against Third-Party Defendant Insurers

FORT WAYNE, Ind. - An Indiana federal judge on Aug. 19 dismissed an insured's third-party complaint in an environmental contamination coverage dispute against a number of third-party defendant insurers after determining that the insured failed to identify any policies that were allegedly breached by the third-party defendant insurers in the 170-page complaint (Valley Forge Insurance Co. v. Hartford Iron & Metal Inc., et al., No. 14-006, N.D. Ind.; 2016 U.S. Dist. LEXIS 110474).

Mealey's Toxic Tort/Environmental - Flint Water Crisis Defendants: There Is No Constitutional Right To Drinking Water

DETROIT - Employees of the Michigan Department of Environmental Quality (MDEQ) on Aug. 22 moved to dismiss a lawsuit filed in Michigan federal court by a purported class of Flint, Mich., residents, contending that they are entitled to absolute immunity with regard to the plaintiffs' claims stemming from the lead water crisis in Flint, and there is "no constitutional right to drinking water" (Myia McMillian, et al. v. Gov. Richard Dale Snyder, et al., No. 16-10796, E.D. Mich.).

Mealey's Toxic Tort/Environmental - Justice Permits Suit Against Valve Company For Subsidiary's Actions

NEW YORK - A defendant has not adequately shown that it operates apart from a subsidiary and seeks a "level of testimonial precision" about exposure improper for asbestos cases, a New York justice held Aug. 17, denying a motion for summary judgment (Gaspar Hernandez-Vega v. Air & Liquid Systems Corp., No. 190367/2014, N.Y. Sup., New York Co.).

Mealey's Toxic Tort/Environmental - Asbestos MDL Ship Owners Waived Jurisdiction Objections, 3rd Circuit Rules

PHILADELPHIA - Two ship-owner defendants still litigating nearly 30-year-old asbestos cases waived personal jurisdiction defenses by at one point seeking trial in the court to which they now object, the Third Circuit U.S. Court of Appeals said Aug. 17 (Lionel C. Wilson, Joseph F. Braun, and Thomas Guiden v. Matson Navigation Co. Inc., American President Lines Ltd., Nos. 15-1387, 15-1388, 15-1389, 3rd Cir.).

Mealey's Toxic Tort/Environmental - Creosote Injury Defendant: Plaintiffs' Claims Barred By Settlement Injunction

NEW YORK - One of the defendants in a lawsuit brought by plaintiffs who allege they have been harmed as a result of exposure to wood treated with creosote on Aug. 15 filed a brief in the Second Circuit U.S. Court of Appeals contending that despite a settlement between the parties and an injunction from the district court, the plaintiffs are "trying to take another bite," by asking a state court to revive certain toxic tort claims (Avoca Plaintiffs v. Kerr-McGee Corporation; In Re: Tronox Inc., No. 16-343, 2nd Cir.).

Mealey's Toxic Tort/Environmental - Military Equipment Maker Tells 4th Circuit Facts Support Asbestos Case's Removal

BALTIMORE - Military equipment manufactured and supplied in compliance with military specifications and under "intense supervision" meets the broad standard for federal officer removal, an asbestos defendant told the Fourth Circuit U.S. Court of Appeals on Aug. 12 (Janya Sawyer, et al. v. Union Carbide Corp., et al., No. 16-118, D. Md.; 2016 U.S. Dist. LEXIS 52750).

Mealey's Toxic Tort/Environmental - 2nd Circuit Denies Hearing On Motion To Certify Questions About Chemical Leak

NEW YORK - A panel of the Second Circuit U.S. Court of Appeals on Aug. 15 denied an en banc hearing to a class of plaintiffs who sought to certify state law questions related to their allegations that they suffered personal injuries from exposure to fugitive chemicals from Union Carbide Corp.'s (UCC) closed Bhopal, India, pesticide refinery during a leak of methyl isocyanate in 1984 (Jargarnath Sahu, et al. v. Union Carbide Corp., et al., No. 14-3087, 2nd Cir.).

Mealey's Toxic Tort/Environmental - Navajo Nation Sues EPA, Mining Companies For 2015 Spill Of Toxic Mine Water

ALBUQUERQUE, N.M. - The Navajo Nation sued the U.S. Environmental Protection Agency and several mining companies Aug. 16 in New Mexico federal court, seeking to hold the EPA and companies liable for a massive release of contaminated mine water a year ago that polluted the San Juan River, one of the tribe's "most important sources of water for life and livelihood" (Navajo Nation v. United States Environmental Protection Agency, et al., No. 1:16-cv-931, D. N.M.).

Mealey's Toxic Tort/Environmental - Flint, Mich., Residents: Claims 'Actionable'; Defendants Not Entitled To Immunity

DETROIT - A group of plaintiffs who sued various Michigan authorities, as well as an engineering planning firm that acted as a consultant to the City of Flint, Mich., when it switched its water source to the Flint River, filed a brief in Michigan federal court on Aug. 15, contending that their claims under the Safe Drinking Water Act (SDWA) are actionable and the defendants are not entitled to immunity (Frances Gilcreast, et al. v. Lockwood, Andrews & Newnam, No. 16-11173, E.D. Mich.).

Mealey's Toxic Tort/Environmental - Pennsylvania Federal Judge: Workers' Comp Act Is Exclusive Remedy For Injuries

PHILADELPHIA - A Pennsylvania federal judge on Aug. 12 dismissed a class claim for medical monitoring brought by airline workers stationed at the Philadelphia International Airport who allege that they were exposed to toxins, finding that the Pennsylvania Workers' Compensation Act (PWCA) is the exclusive remedy available to the workers (David Smith, et al. v. American Airlines, Inc., et al., No. 16-156, E.D. Pa.; 2016 U.S. Dist. LEXIS 107402).

Mealey's Toxic Tort/Environmental - Florida Jury Awards $5 Million To Widow In Tobacco Suit

MIAMI - A Florida jury on Aug. 15 awarded the estate of a man who died from lung cancer as a result of smoking cigarettes $5 million in compensatory damages after finding that the deceased was a member of the Engle class (Hazel Mathis v. R.J. Reynolds Tobacco Co., No. 2007-CA-47118, Fla. Cir., 11th Jud. Cir., Dade Co.).