LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - DuPont: C8 Plaintiff's High Cholesterol Claim Fails For Lack Of Evidence

COLUMBUS, Ohio - E.I. du Pont de Nemours and Co. on Sept. 16 moved in Ohio federal court for summary judgment on claims made by one of the plaintiffs in the ongoing trials pertaining to alleged injuries from exposure to perfluorooctanoic acid (known as C8), arguing that the plaintiff has "not even attempted to come forward with the requisite evidence to support his allegations" (In re E.I. du Pont de Nemours and Co. C8 Personal Injury Litigation, MDL No. 2433, No. 13-2433, S.D. Ohio).

Mealey's Toxic Tort/Environmental - Judge: Property Owner Not Entitled To $9.7M In Damages For Access

KALAMAZOO, Mich. - A defendant property owner can recover only $72,964 in damages for providing access to its land in order for a plaintiff company to remediate trichloroethylene (TCE) contamination, a federal judge in Michigan ruled Sept. 15, finding that the defendant's request for $9.7 million in damages stemmed from the amount of time the plaintiff company has spent on remediation efforts (Newell Brands Inc. v. Kirsch Lofts LLC, No. 15-CV-597, W.D. Mich.; 2016 U.S. Dist. LEXIS 125987).

Mealey's Toxic Tort/Environmental - D.C. Circuit Denies Motion For Rehearing, Rehearing En Banc In Tobacco Sales Suit

WASHINGTON D.C. - The District of Columbia Circuit U.S. Court of Appeals on Sept. 19 denied a former tobacco seller's motion for rehearing or rehearing en banc of a case where the court determined that the seller was not the original source of information that Philip Morris USA Inc. was price gouging cigarettes at U.S. military outposts and dismissed his complaint against the tobacco company (United States, Ex Rel. Anthony Oliver v. Philip Morris USA Inc., No. 15-7049, D.C. Cir.).

Mealey's Toxic Tort/Environmental - Ecuadorian Residents Seek Rehearing En Banc At 2nd Circuit In Lago Agrio Case

NEW YORK - A group of Ecuadorian residents and their attorney on Sept. 16 filed a petition in the Second Circuit U.S. Court of Appeals seeking a rehearing en banc with regard to the Second Circuit's prior decision that affirmed a lower court's ruling that a group of Ecuadorian residents and their attorney committed fraud when they won an $18.5 billion judgment against Chevron Corp. for alleged injuries related to the company's involvement with an oil consortium (Chevron Corporation v. Steven Donziger, No. 14-826 [consolidated with] Chevron Corporation v. Hugo Gerardo Camacho Naranjo, No. 14-832, 2nd Cir.).

Mealey's Toxic Tort/Environmental - Judge Remands, Finds Reasonable Chance Of Recovery Against Nondiverse Defendant

NEW ORLEANS - The mere fact that a man and his co-workers cannot identify a company that allegedly supplied asbestos-containing products to their employer does not preclude recovery or justify finding the defendant improperly joined, a federal judge in Louisiana held Sept. 14 in granting emergency remand (William Gregory Bozeman v. Wyeth Holdings Corp., et al., No. 16-14606, E.D. La.; 2016 U.S. Dist. LEXIS 124713).

Mealey's Toxic Tort/Environmental - Magistrate Judge: Maritime Law Warrants Granting Pump, Boiler Makers Judgment

WILMINGTON, Del. - A couple's evidence placing two defendants' products aboard U.S. Navy ships does not establish causation under maritime law, a federal magistrate judge held Sept. 16 in recommending that the court grant summary judgment (Jimmy R. Mitchell and Connie Mitchell v. Atwood & Morill Co., et al., No. 15-958, D. Del.; 2016 U.S. Dist. LEXIS 115210).

Mealey's Toxic Tort/Environmental - New York Federal Judge Denies Motion For Sanctions In Untaxed Tobacco Suit

NEW YORK - A federal judge in New York on Sept. 14 denied New York City and New York state's motion to impose sanctions on the attorneys representing United Parcel Service Inc. in a tobacco trafficking suit because the judge found that the city and state's failure to produce certain pieces of evidence during discovery was accidental (The State of New York, et al. v. United Parcel Service Inc., No. 15-cv-1136, S.D. N.Y.).

Mealey's Toxic Tort/Environmental - Delaware High Court: Coverage Triggered If Injury Occurred During Policy Period

WILMINGTON, Del. - The Delaware Supreme Court on Sept. 12 determined that coverage for underlying asbestos bodily injury claims is owed if the bodily injury was sustained during the applicable policy periods of the excess insurance policies at issue (In re Viking Pump Inc. and Warren Pumps LLC Insurance Appeals, Nos. 518, 2014; 523, 2014; 525, 2014; 528, 2014, Del. Sup.; 2016 Del. LEXIS 474).

Mealey's Toxic Tort/Environmental - Florida Court Reverses $8M Verdict, Orders Retrial For Tobacco Defendant

FORT LAUDERDALE, Fla. - After rejecting an expert's testimony that every exposure to asbestos substantially contributes to developing mesothelioma, a Florida appeals court on Sept. 14 granted a directed verdict to a gasket company and ordered a new trial for a tobacco company (Crane Co., R.J. Reynolds Tobacco Co., and Hollingsworth & Vose Co. v. Richard DeLisle and Aline DeLisle, Nos. 4D13-4351, 4D14-146, Fla. App., 4th Dist.).

Mealey's Toxic Tort/Environmental - Judge: Case Alleging Failure To Pay Workers' Comp Asbestos Benefits May Proceed

CHARLOTTE, N.C. - A mesothelioma sufferer has standing to pursue, and the court has jurisdiction over, claims that an employer and its insurer are not making timely payments under North Carolina's workers' compensation statutes, a federal judge in North Carolina held Sept. 9 (James Norman Richardson v. PCS Phosphate Company Inc., et al., No. 16-00068, W.D. N.C; 2016 U.S. Dist. LEXIS 122354).

Mealey's Toxic Tort/Environmental - Rutgers Organics To Pay $20.2M To Cleanup, Restore Ohio Superfund Site

YOUNGSTOWN, Ohio - Rutgers Organics Corp. on Sept. 9 agreed to pay $18.75 million to clean up contamination at the Nease Superfund site in Salem, Ohio, and spend $500,000 to restore damaged natural resources, according to a lawsuit and consent decree filed in Ohio federal court (United States of America, et al. v. Rutgers Organics Corporation, No. 16-cv-02254, N.D. Ohio).

Mealey's Toxic Tort/Environmental - 3rd Circuit Rejects Insulation Claim, Says Switchgear Asbestos Claim Can Proceed

PHILADELPHIA - Evidence that a company would sometimes reuse original asbestos-containing insulation does not save claims based on exposure arising from turbines, but sufficient evidence exists to allow claims based on exposure from switchgears, a Third Circuit U.S. Court of Appeals panel held Sept. 13 (In re: Asbestos Products Liability Litigation, Linnie Frankenberger v. CBS Corp., No. 15-1988, 3rd Cir.).

Mealey's Toxic Tort/Environmental - Missouri Jury Returns Defense Verdict For 3 In Take-Home Asbestos Case

ST. LOUIS - A Missouri jury hearing a take-home asbestos exposure case returned a defense verdict for the three remaining defendants on Sept. 12, sources told Mealey Publications (Donna Harrison, et al. v. Volkswagen Group of North America Inc., et al., No. 1522-CC09759-01, Mo. Cir., 22nd Jud. Cir.).

Mealey's Toxic Tort/Environmental - Forum Selection Clause Is Enforceable, New York Federal Judge Determines

NEW YORK - A New York federal judge on Sept. 7 denied an insured's motion to dismiss an insurer's suit seeking a coverage declaration for underlying suits arising out of the insured's fracking operations because the policy at issue includes a forum selection clause designating New York as the forum to litigate any disputes (Certain Underwriters at Lloyd's, London v. New Dominion LLC, No. 16-5005, S.D. N.Y.; 2016 U.S. Dist. LEXIS 121133).

Mealey's Toxic Tort/Environmental - Pennsylvania Court Affirms Denial Of Asbestos-Related Prostate Employment Claim

PHILADELPHIA - A firefighter's failure to link occupation exposure to asbestos and other carcinogens to his prostate cancer dooms his workers' compensation claim, a Pennsylvania Commonwealth Court held Sept. 7 (Earl Hutz v. Workers' Compensation Appeal Board [City of Philadelphia], No. 2140 C.D. 2015, Pa. Cmwlth.; 2016 Pa. Commw. LEXIS 382).

Mealey's Labor & Employment - Judge Finds UCL And Labor Code Claims Against Employer Can Proceed

SAN FRANCISCO - A California federal judge on Sept. 7 denied an employer's motion to dismiss all of the claims asserted against it in relation to employee meal breaks, finding that his claims for violation of California's unfair competition law (UCL) and the state labor code were properly pleaded (Terrill Johnson v. Q.E.D. Environmental Systems Inc., No. 16-cv-01454, N.D. Calif.; 2016 U.S. Dist. LEXIS 120900).

Mealey's Toxic Tort/Environmental - Judge: No Evidence Man Joined Talc Defendants To Defeat Federal Jurisdiction

TRENTON, N.J. - No evidence supports an allegation that a man joined two companies to an asbestos-tainted talc action simply to avoid federal court, a federal judge in New Jersey said Sept. 6 in remanding the case (Gilbert Paul Hernandez v. Brenntag North America Inc., et al., No. 16-4038, D. N.J.; 2016 U.S. Dist. LEXIS 119854).

Mealey's Antitrust/Unfair Competition - Judge Finds UCL And Labor Code Claims Against Employer Can Proceed

SAN FRANCISCO - A California federal judge on Sept. 7 denied an employer's motion to dismiss all of the claims asserted against it in relation to employee meal breaks, finding that his claims for violation of California's unfair competition law (UCL) and the state labor code were properly pleaded (Terrill Johnson v. Q.E.D. Environmental Systems Inc., No. 16-cv-01454, N.D. Calif.; 2016 U.S. Dist. LEXIS 120900).

Mealey's Toxic Tort/Environmental - Judge: Damages Caused By 'Orphaned Anchors' Not Preempted By Clean Water Act

NEW ORLEANS - A federal judge in Louisiana on Sept. 7 ruled that three workers who were onboard an oyster harvesting boat that got caught on anchors left behind following response actions to the oil spill in the Gulf of Mexico following the explosion of the Deepwater Horizon oil rig can pursue claims for negligence under maritime law, finding that their claims are not preempted by the Clean Water Act (CWA) and not covered by the economic and property damages settlement (Brian Winkler, et al. v. BP Exploration & Production Inc., No. 16-2715, E.D. La.; 2016 U.S. Dist. LEXIS 120541).

Mealey's Toxic Tort/Environmental - Florida Appellate Panel Affirms New Trial For Tobacco Companies

WEST PALM BEACH, Fla. - An appellate panel in Florida on Sept. 7 affirmed a trial court's decision to grant a new trial to two tobacco companies in an Engle progeny suit because the plaintiff's lawyer made prejudicial statements to the jury in closing arguments (David Cohen v. Philip Morris USA Inc., et al., No. 4D13-2681, Fla. App. 4th Dist.).

Mealey's Toxic Tort/Environmental - Mid Pac Petroleum Agrees To Spend $632,000 To Limit VOC Emissions

HONOLULU - Mid Pac Petroleum LLC on Sept. 7 agreed to spend $432,000 to install required vapor pollution controls and comply with a volatile organic compound (VOC) pollution limit at its gasoline storage facility, as well as pay a $200,000 civil penalty for violating the Clean Air Act, the U.S. Environmental Protection Agency announced.

Mealey's Toxic Tort/Environmental - State Of Rhode Island Sues Oil Companies For Tainting Groundwater With MTBE

PROVIDENCE, R.I. - The State of Rhode Island filed a lawsuit on Sept. 6 against numerous oil refining and gasoline companies in Rhode Island federal court, alleging that they are liable for contaminating the state's groundwater with methyl tertiary butyl ether (MTBE) (State of Rhode Island v. Alon Refining Krotz Springs, No. 16-495, D. R.I.).

Mealey's Toxic Tort/Environmental - Florida Jury Finds For Defense In Tobacco Lawsuit

WEST PALM BEACH, Fla. - A Florida jury on Sept. 6 found in favor of R.J. Reynolds Tobacco Co. in an Engle progeny case in which a man claimed that his chronic obstructive pulmonary disease (COPD) was caused by smoking cigarettes made by the tobacco company (John Hackimer, et al. v. R.J. Reynolds Tobacco Co., No. 2014-CA-010849, Fla. Jud. Cir. 15th, Palm Beach Co.).

Mealey's Toxic Tort/Environmental - California High Court Considers Liability In Take-Home Asbestos Cases

SACRAMENTO, Calif. - The question of whether California law recognizes liability in take-home asbestos exposure cases or if such a duty is simply "a bridge too far" was before the California Supreme Court in oral arguments on Sept. 7 (Johnny Blaine Kesner v. Superior Court of California for the County of Alameda, No. S219534, Haver v. BNSF, No. S219919, Calif. Sup.).

Mealey's Toxic Tort/Environmental - Rhode Island Sues 34 Companies Over Water Contamination From MTBE, TBA

PROVIDENCE, R.I. - The State of Rhode Island on Sept. 6 filed a lawsuit in federal court against 34 companies that sold gasoline containing the additives methyl tertiary butyl ether (MTBE) and tert butyl alcohol (TBA), seeking to recover the costs for cleaning up groundwater contaminated by the chemical (State of Rhode Island v. Alon Refining Krotz Springs, et al., No. CA16-495, D. R.I.).