LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - Textron: Plaintiffs Fail To State Claim For Groundwater Contamination

GREENVILLE, Miss. - The company being sued by a group of residents seeking damages for personal injuries and groundwater contamination caused by hexavalent chromium and trichloroethylene (TCE) on July 20 filed its answer in Mississippi federal court contending that the plaintiffs fail to state a claim upon which relief can be granted (Joe E. Sledge, et al. v. Meritor Inc., et al., No. 16-CV-053, N.D. Miss.).

Mealey's Toxic Tort/Environmental - Lead-Paint Poisoning Plaintiff Says Motion To Compel Documents Should Be Denied

MILWAUKEE - The man who, through his guardian ad litem, sued a group of paint companies alleging injuries from lead-based paint filed a brief in Wisconsin federal court on July 21, contending that the motion to compel responsive documents filed by one of the defendants should be denied because he provided documents in "substantially the same manner that they were produced by co-defendants to the plaintiffs" (Glenn Burton Jr. v. American Cyanamid Company, et al., No. 07-0303, E.D. Wis.).

Mealey's Insurance - Insured Asks 10th Circuit To Certify Question Of Law To New Mexico High Court

DENVER - Because no New Mexico court has addressed the application of the "owned or occupied" exclusion in the context of environmental contamination to sovereign property, the 10th Circuit U.S. Court of Appeals should certify a question regarding the exclusion's application to the New Mexico Supreme Court, an insured maintains in a July 19 motion for certification of a question of state law (Taos Ski Valley Inc. v. Nova Casualty Co., No. 16-2118, 10th Cir.).

Mealey's Toxic Tort/Environmental - Couple Appeals Paulsboro Train Derailment Vinyl Chloride Case To The 3rd Circuit

CAMDEN, N.J. - A couple that had its lawsuit against a group of railroad companies consolidated with other New Jersey residents filed a notice in New Jersey federal court on July 19 that it was appealing to the Third Circuit U.S. Court of Appeals the district court's rulings that granted the defendants' motions in limine to exclude the couple's experts. The experts had sought to testify on injury causation related to exposure to vinyl chloride caused by the derailment of a train carrying the chemical over a bridge (In Re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).

Mealey's Toxic Tort/Environmental - Judge Finds Petroleum Exclusion Bars Woman's CERCLA Claims

SAN FRANCISCO - A woman's Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) lawsuit against Chevron Capital Corp. over petroleum contamination at a site in Oakland she purchased in 2010 that formerly housed a gas station was dismissed by a federal judge in California on July 19, who held that the statute's petroleum exclusion barred the woman's claim (Hong Jacqueline Nguyen Gardner v. Chevron Capital Corporation, No. 15-cv-1514-JD, N.D. Calif.; 2016 U.S. Dist. LEXIS 94110).

Mealey's Toxic Tort/Environmental - Enbridge Energy To Pay $177M To Resolve Claims Over 2010 Pipeline Spills

DETROIT - Enbridge Energy L.P. and a number of its subsidiaries agreed July 19 to spend $110 million for a series of measures to prevent pipeline spills, pay a $62 million civil penalty for Clean Water Act violations, and reimburse the government for $5 million it spent to cleanup contamination from pipeline spills in Marshall, Mich., and Romeoville, Ill., in 2010, according to a recent docket entry in a Michigan federal court (United States of America v. Enbridge Energy L.P., et al., No. 16-cv-914, W.D. Mich.).

Mealey's Toxic Tort/Environmental - Finding State Issues Dominate, Judge Severs, Remands First-Party Asbestos Claims

BALTIMORE - State law issues predominate in an asbestos action where the only federal issues arise from third-party complaints, a federal judge in Maryland held July 18 in severing the original action and remanding it (Wayne Oliver v. Campbell McCormick Inc., No. 16-1057, D. Md.; 2016 U.S. Dist. LEXIS 92756)

Mealey's Toxic Tort/Environmental - Texas Court Won't Rehear Case Involving 9-Year Delay In Accepting Settlement

HOUSTON - A Texas appeals court on July 19 declined to rehear an asbestos case in which it found that a nine-year gap in accepting a settlement offer did not doom the claim, turning away Union Carbide Corp.'s warning that the ruling "risks creating a dangerous precedent" (Union Carbide Corp. v. Perry Jones, Rosemary Allegria, et al., No. 01-14-00574-CV, Texas App., 1st Dist.).

Mealey's Toxic Tort/Environmental - Widow: Shipyard Contractor's Shifting Position On Evidence Constitutes 'Fraud'

LOS ANGELES - A defendant's "befuddlement" over the conclusion that it destroyed evidence ignores the differing stories the defendant told throughout the litigation, a widow told a federal judge in California July 18 (Victoria Lund, et al. v. Crane Co., et al., No. 13-2776, C.D. Calif.).

Mealey's Toxic Tort/Environmental - Flint, Mich., Residents Say Federal Court 'Must' Hear Lead Drinking Water Case

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 July 15, contending that their lead-contaminated drinking water lawsuit should not be dismissed because it is not barred by the Safe Drinking Water Act (SDWA) (Frances Gilcreast, et al. v. Lockwood, Andrews & Newman, No. 16-11173, E.D. Mich.).

Mealey's Toxic Tort/Environmental - Michigan Water Quality Officials Claim Immunity From Flint Lead Water Claims

GRAND RAPIDS, Mich. - Employees of the Michigan Department of Environmental Quality (MDEQ) on July 18 filed a brief in Michigan federal court contending that the lead-contaminated water lawsuit brought against them by residents of Flint, Mich., should be dismissed because they are entitled to "absolute immunity" on all claims (Tamara Nappier v. Richard Snyder, et al., No. 16-636, W.D. Mich.).

Mealey's Toxic Tort/Environmental - Jury Awards $1.5 Million To Widow Of Woman Who Died From Smoking

FORT LAUDERDALE, Fla. - A Florida jury on July 19 awarded the husband of a woman who died from lung cancer $1.5 million in damages against Philip Morris USA Inc. after finding that the woman was addicted to cigarettes and that her addiction was a legal cause of her death (Joseph Varner v. R.J. Reynolds Tobacco Co., et al., No. 2008-CV-026345, 17th Jud. Cir. Broward Co.).

Mealey's Toxic Tort/Environmental - 3 Cigar Rights Groups Sue FDA Over New Tobacco Rules

WASHINGTON, D.C. - A trio of cigar rights groups on July 15 filed suit against the Food and Drug Administration, claiming that its new rules and regulations on tobacco and tobacco products violate the U.S. Food Drug and Cosmetic Act because they subject all tobacco products to stricter regulations than prescribed in the act (Cigar Association of America, et al. v. Food and Drug Administration, No. 1:16-cv-01460, D. D.C.).

Mealey's Toxic Tort/Environmental - Asbestos Claims Against Foreign Entity Belong In Federal Court, Judge Says

NEW ORLEANS - Neither a voluntary motion to dismiss pending when a defendant filed third-party claims nor a foreign entity's late removal warrants remand, a federal judge in Louisiana held July 14 in also declining to sever the claims, which he concluded are probably subject to dismissal (Earl T. Lindsay Jr., et al. v. Ports America Gulfport Inc., et al., No. 16-3054, E.D. La.; 2016 U.S. Dist. LEXIS 91649).

Mealey's Insurance - Notice-Prejudice Rule Applies In Contamination Coverage Suit, Panel Says

DENVER - A trial court erred in finding that no coverage is afforded for environmental contamination cleanup costs because the trial court failed to determine if the insurer was prejudiced by the insured's late notice of the claim, the Colorado Court of Appeals said July 14 (MarkWest Energy Partners L.P., v. Zurich American Insurance Co., No. 15-0770, Colo. App., Div. 1; 2016 Colo. App. LEXIS 956).

Mealey's Toxic Tort/Environmental - Oregon Supreme Court: Groups' Permit Challenge Should Be Heard

SALEM, Ore. - A panel of the Oregon Supreme Court on July 14 reversed and remanded a Court of Appeals' decision finding that a challenge brought by two mining associations regarding a rule requiring them to obtain permits to conduct suction dredge mining was moot, holding that the appellate court should determine if the challenge is justiciable under Oregon Revised Statute (ORS) 14.175 (Eastern Oregon Mining Association, et al. v. Department of Environmental Quality, et al., No. SC063549, Ore. Sup.; 2016 Ore. LEXIS 463).

Mealey's Insurance - California Federal Judge Partially Grants Insurers' Motion To Reconsider

SAN FRANCISCO - A California federal judge on July 15 partially granted a motion for reconsideration on the issue of whether a deductible applies to defense costs in an environmental contamination dispute and said the insurers are free to file a motion to amend their complaint after the underlying suit is adjudicated to allege a claim pertaining to the care, custody or control exclusion in the business auto policies at issue (American Guarantee and Liability Insurance Co., et al. v. Technichem Inc., et al., No. 15-03611, N.D. Calif.).

Mealey's Insurance - Coverage Afforded Under Insured's Umbrella Policy, Oklahoma Federal Judge Says

OKLAHOMA CITY - Even though a primary pollution liability policy is not listed as underlying insurance to an umbrella policy, coverage for an underlying environmental contamination suit is still afforded under the umbrella policy, an Oklahoma federal judge said July 15 (BITCO General Insurance Corp. v. Marjo Operating Co. Inc., et al., No. 14-1220, W.D. Okla.; 2016 U.S. Dist. LEXIS 92083).

Mealey's Toxic Tort/Environmental - Company Tells 3rd Circuit Dismissal Of Injury Claims Against It Was Proper

PHILADELPHIA - A power company that was sued by a group of Pennsylvania residents who contend that it is liable for their injuries, including cancer, that stem from exposure to radioactive materials filed a brief in the Third Circuit U.S. Court of Appeals on July 15, arguing that it should let stand a lower court's summary judgment ruling in the company's favor because the plaintiffs lack admissible evidence of specific causation (Michelle McMunn, et al. v. Babcock & Wilcox Power Generation Group Inc., No. 15-3506 [consolidated], 3rd Cir.).

Mealey's Toxic Tort/Environmental - Tesoro Corp., Subsidiaries To Pay $425M Over Allegedly Illegal Emissions

SAN ANTONIO - Tesoro Corp., Par Hawaii Refining and their subsidiaries on July 18 said in a consent decree filed in Texas federal court that they would pay $425 million to resolve alleged violations of the Clean Air Act (CAA) at six of their refineries in Alaska, California, Hawaii, North Dakota, Utah and Washington (United States of America v. Tesoro Corp., et al., No. 16-cv-722, W.D. Texas).

Mealey's Toxic Tort/Environmental - 1st Circuit: Judge Did Not Err In Dismissing Couple's Suit Over Discharges

BOSTON - A federal judge did not err when entering judgment in favor of defendant landowners accused of violating the Clean Water Act (CWA), a First Circuit U.S. Court of Appeals panel ruled July 18, finding that a couple's citizen suit was unnecessary because the Rhode Island Department of Environmental Management (RIDEM) had addressed allegedly illegal discharges of contaminated storm water (Lois Paolino, et al. v. JF Realty LLC, et al., No. 15-1498, 1st Cir.; 2016 U.S. App. LEXIS 13117).

Mealey's Toxic Tort/Environmental - Magistrate Judge Cites Bare-Metal Defense In Granting Judgment To 9

WILMINGTON, Del. - A federal magistrate judge in Delaware said July 13 that the bare-metal defense and causation standard in Mississippi requires granting judgment in favor of nine asbestos defendants (Robert Lee Winhauer Jr., et al. v. Air & Liquid Systems Corp., et al., No. 15-177, D. Del.).

Mealey's Toxic Tort/Environmental - Judge: Insurer's Declaratory Judgment Action In Lead Paint Case May Proceed

BALTIMORE - A federal judge in Maryland on July 15 refused to dismiss an insurer's lawsuit against a landlord and the couple that sued the landlord in an underlying lawsuit regarding lead-based paint exposure, ruling that the insurer's declaratory judgment action must continue because the couple had not met the burden of having the case dismissed (Allstate Insurance Co. v. Stanley Rochkind, et al., No. 15-1546, D. Md.; 2016 U.S. Dist. LEXIS 91087).

Mealey's Toxic Tort/Environmental - Kentucky Appeals Court: Mere Possibility Of Exposure Insufficient In Asbestos Case

FRANKFORT, Ky. - The mere possibility that a man encountered asbestos-containing friction parts at his place of employment falls short of Kentucky's standard for causation, a divided appeals panel held July 14 (Linda Mannahan, et al. v. Eaton Corp., et al., No. 2013-CA-002005-MR, Ky. App.; 2016 Ky. App. LEXIS 120).

Mealey's Toxic Tort/Environmental - 5th Circuit Denies EPA's Motion To Dismiss, Transfer Appeal Over Haze Plan

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on July 15 denied a motion filed by the U.S. Environmental Protection Agency to dismiss or transfer to the District of Columbia U.S. Circuit Court of Appeals a petition filed by the State of Texas and a number of organizations challenging the agency's implementation of a regional haze plan, finding that it is the proper forum to hear the petitioners' case (State of Texas, et al. v. U.S. Environmental Protection Agency, No. 16-60118, 5th Cir.; 2016 U.S. App. LEXIS 13058).