LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - Judge Rules Subcontractor In Chemical Injury Case May Sue Environmental Consultant

WASHINGTON, D.C. - A federal judge in the District of Columbia on Dec. 14 ruled that a subcontractor could file a fourth-party complaint against an environmental contractor for breach of contract in relation to an underlying lawsuit in which a worker seeks damages for exposure to toxic chemicals while working on an excavation project (Johnnie Parker v. John Moriarty & Associates v. Strittmatter Metro LLC v. Environmental Consultants and Contractors Inc., No. 15-1506, D. D.C.; 2016 U.S. Dist. LEXIS 172688).

Mealey's Toxic Tort/Environmental - Mississippi Court: FELA Award Not Subject To Offsets For Asbestos Trust Recoveries

JACKSON, Miss. - A railroad cannot offset a $50,000 Federal Employers' Liability Act (FELA) asbestos verdict with monies collected from asbestos bankruptcy trusts, a divided Mississippi Court of Appeals held Dec. 13 (Illinois Central Railroad Co. v. Bennie Oakes, deceased, by and through Clara Hagan, his representative, No. 2015-CA-00644-COA, Miss. App.).

Mealey's Toxic Tort/Environmental - DuPont To Spend $52M On Natural Resource Restoration For Mercury Spills

HARRISONBURG, Va. - E.I. du Pont de Nemours and Co. on Dec. 15 entered into a proposed agreement in Virginia federal court with the federal government, commonwealth of Virginia and its secretary of Natural Resources, in which the company agreed to spend $52 million to restore natural resources along 100 miles of river that were affected by mercury spills dating back to the 1930s and 1940s (United States of America, et al. v. E.I du Pont de Nemours and Company, No. 16-cv-0082, W.D. Va.).

Mealey's Toxic Tort/Environmental - Judge Dismisses Group's Suit Over EPA's Alleged Duty To Require Discharge Permits

PROVIDENCE, R.I. - A federal judge in Rhode Island on Dec. 13 dismissed with prejudice a Massachusetts-based environmental advocacy group's lawsuit accusing the U.S. Environmental Protection Agency, its administrator and regional administrator of violating the Clean Water Act (CWA) by not requiring companies that discharge storm water into waterways of Rhode Island to obtain National Pollutant Discharge Elimination System (NPDES) permits, finding that the court lacked jurisdiction (Conservation Law Foundation v. U.S. Environmental Protection Agency, et al., No. 15-165-ML, D. R.I.; 2016 U.S. Dist. LEXIS 172117).

Mealey's Toxic Tort/Environmental - Man Sues Monsanto, Says His Cancer Was Caused By Exposure To Roundup

ST. LOUIS - A man who has been diagnosed with non-Hodgkin's lymphoma (NHL) filed a lawsuit in Missouri federal court on Dec. 15, alleging that Monsanto Co. is liable for his injuries as the manufacturer of glyphosate, the active ingredient in the herbicide Roundup, which he claims is "defective, dangerous to human health, unfit and unsuitable to be marketed and sold in commerce, and lacked proper warnings and directions as to the dangers associated with its use" (Michael Dowling v. Monsanto Company, No. 16-1935, E.D. Mo.).

Mealey's Toxic Tort/Environmental - Ohio Panel Affirms Trial Court, Says Liability Arose From Multiple Occurrences

CINCINNATI - The First District Ohio Court of Appeals on Dec. 14 affirmed a trial court's ruling that an insured's liability for underlying asbestos claims arose from multiple occurrences because each individual's exposure to asbestos constitutes an occurrence (The William Powell Co. v. OneBeacon Insurance Co., et al., No. C-160291, Ohio App., 1st Dist.; 2016 Ohio App. LEXIS 4982).

Mealey's Toxic Tort/Environmental - Connecticut Top Court Finds Workers' Comp Court Can Reinstate Dismissed Claims

NEW HAVEN, Conn. - The complexity of asbestos cases requires that the workers' compensation commissioner have the power to grant provisional dismissals to "clear the room" and then reinstate claims as necessary, Connecticut's top court held in an opinion set for release on Dec. 20 (John Graham, et al. v. Olson Wood Associates Inc., et al., No. SC 19626, Conn. Sup.; 2016 Conn. LEXIS 371).

Mealey's Toxic Tort/Environmental - DuPont: Alternate C8 Injury Trial Structure Would Be 'Unfairly Prejudicial'

COLUMBUS, Ohio - E.I. du Pont de Nemours and Co. on Dec. 12 filed a brief in the perfluorooctanoic acid (known as C8) injury multidistrict litigation, arguing that the presiding judge should deny the Plaintiffs' Steering Committee's (PSC) request for a trial structure in which one jury would hear evidence for multiple plaintiffs because consolidating multiple plaintiffs into a single trial "would have the profound and unfairly prejudicial effect to DuPont of validating the plaintiffs' claims of both liability and harm" (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 - 9th Circuit Panel Says Yakama Nation's Tax Claims Barred By Anti-Injunction Act

SEATTLE - A Ninth Circuit U.S. Court of Appeals panel on Dec. 13 vacated a district court's order granting summary judgment to the federal government and remanded a suit brought by a Native American tribe over tobacco taxes with directions to dismiss the case for lack of subject matter jurisdiction because the claims brought by the tribe are barred by the Anti-Injunction Act (Confederated Tribes And Bands of the Yakama Indian Nation v. Alcohol and Trade Tobacco Bureau, et al., No. 14-35165, 9th Cir.; 2016 U.S. App. LEXIS 22103).

Mealey's Toxic Tort/Environmental - Canada Announces 2018 Deadline For Asbestos Ban

OTTAWA - Canada will ban the use of asbestos products by 2018, Canadian Science Minister Kirsty Duncan announced Dec. 15.

Mealey's Toxic Tort/Environmental -Monsanto: PCB Lawsuits By 3 Cities Fails Due To 'Irreconcilable Gap'

SAN FRANCISCO - Monsanto Co. and its affiliates on Dec. 12 filed a brief in California federal court, arguing that three lawsuits filed by three cities that allege damages caused by polychlorinated biphenyls (PCBs) in drinking water should be dismissed because there is an "irreconcilable gap" between the area where the alleged damage exists and the "damaged" city-owned storm water systems that are at the center of the lawsuit (City of San Jose v. Monsanto Co., et al., No. 15-03178; City of Oakland v. Monsanto Co., et al., No. 15-05152; and City of Berkeley v. Monsanto Co., et al., No. 16-00071, N.D. Calif.).

Mealey's Toxic Tort/Environmental - Michigan Employees: Evidence Of Jury Bias 'Uncontested'; Change Of Venue Needed

GRAND RAPIDS, Mich. - Employees of the Michigan Department of Environmental Quality (MDEQ) on Dec. 9 filed a brief in Michigan federal court contending that they have provided "proper and uncontested evidence of jury bias" such that they cannot obtain a fair trial without a change of venue (Tamara Nappier v. Richard Snyder, et al., No. 16-636, W.D. Mich.).

Mealey's Toxic Tort/Environmental - Residents: Company Liable For Corrosion Of Flint, Mich., Pipes, Lead-Tainted Water

DETROIT - The Michigan residents who sued the state of Michigan, some of its employees and a group of private companies in relation to the lead-contaminated water crisis in Flint, Mich., on Dec. 13 filed a brief contending that their claim against one company in particular is valid because that company made a recommendation that the city double the ferric chloride in its water, which exacerbated the corrosion in the pipes delivering water to residents' homes (Myia McMillian, et al. v. Governor Richard D. Snyder, et al., No. 16-10796, E.D. Mich.).

Mealey's Toxic Tort/Environmental - ExxonMobil Seeks To Arbitrate Groundwater Contamination Coverage Dispute

NEW YORK - ExxonMobil Oil Corp. on Dec. 9 filed a petition to compel arbitration in New York federal court, seeking an order that its excess insurer is required to arbitrate a coverage dispute arising out of underlying claims for groundwater contamination (ExxonMobil Oil Corp. v. TIG Insurance Co., No. 16-9527, S.D. N.Y.).

Mealey's Toxic Tort/Environmental - Massachusetts Woman Claims Negligence Against Tobacco Companies In State Court

BOSTON - A woman who developed lung cancer after years of smoking filed suit in Massachusetts state court on Dec. 9, claiming that the cigarettes she smoked were unreasonably dangerous and should not have been sold (Marie Kovatsi v. R.J. Reynolds Tobacco Company, et al., No. 1684CV03779, Mass. Super., Suffolk Co.).

Mealey's Toxic Tort/Environmental - Untaxed Cigarette Verdict Will Come Out In The New Year

NEW YORK - A federal judge in New York on Dec. 9 said she will not render a verdict in a bench trial over untaxed cigarettes until the new year (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 - Judge: Asbestos Document Request Overly Broad, But Some Production Warranted

PHILADELPHIA - A company's failure to comply with a state court motion to compel does not warrant sanctions because the request is overly broad, but going forward, the company must produce documents relevant to product identification testimony in an asbestos case, a federal magistrate judge held Dec. 6 (William Ney, et al. v. Owens-Illinois Inc., et al., No. 16-2408, E.D. Pa.; 2016 U.S. Dist. LEXIS 169371).

Mealey's Toxic Tort/Environmental - Newspaper's Motion To Intervene In CERCLA Suit Untimely, Judge Finds

BUTTE, Mont. - A federal judge in Montana on Dec. 7 denied a motion filed by a newspaper publisher and an environmental group seeking to intervene in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) lawsuit between the government and Atlantic Richfield Co. (ARCO) to gain access to confidential settlement information, finding that the request was untimely (United States of America v. Atlantic Richfield Company, No. CV-89-39-BU-SEH, D. Mont.; 2016 U.S. Dist. LEXIS 169364).

Mealey's Toxic Tort/Environmental - Florida Appellate Panel Remands Engle Suit To Disqualify Plaintiff's Attorney

WEST PALM BEACH, Fla. - A Florida appellate panel on Dec. 7 found a trial court erred in denying Philip Morris USA Inc.'s motion to dismiss the law firm representing her because one of her attorneys previously represented Philip Morris in similar lawsuits, which prevents him from being the plaintiff's attorney under Florida law (Philip Morris USA Inc. v. Ada Caro, No. 4D16-2416, Fla. App., 4th Dist.; 2016 Fla. App. LEXIS 18077).

Mealey's Toxic Tort/Environmental - Federal Judge: Registration, Illinois Contacts Insufficient For Jurisdiction

BENTON, Ill. - Neither a company's registration to do business in a state nor its employment of individuals in the state rise to the levels required for jurisdiction, a federal judge in Illinois held in dismissing an asbestos action on Dec. 2 (Sylvia Perez, et al. v. Air And Liquid Systems Corp., et al., No. 16-842, S.D. Ill.; 2016 U.S. Dist. LEXIS 166645).

Mealey's Toxic Tort/Environmental - Plaintiffs In Suit Over Mercedes-Benz's Emissions Lack Standing, Judge Says

NEWARK, N.J. - Plaintiffs in a class action suit alleging that Mercedes-Benz USA LLC misrepresented the efficiency of its BlueTec Clean Diesel vehicles lack standing to bring their action against the auto maker, a federal judge in New Jersey ruled Dec. 6, finding that the plaintiffs failed to show that the advertisements they allegedly relied on contained any false statements (In re: Mercedes-Benz Emissions Litigation, No. 16-881, D. N.J.; 2016 U.S. Dist. LEXIS 168535).

Mealey's Insurance - Insurer Argues It Is Entitled To Reimbursement Of Defense Costs Paid Under Deductible

SAN FRANCISCO - An insurer involved in an environmental contamination coverage dispute claims in a Dec. 1 motion for partial summary judgment filed in California federal court that it is entitled to reimbursement of the deductible it paid on behalf of its insured because the policy at issue specifically states that the deductible includes claim expenses such as defense costs (American Guarantee and Liability Insurance Co., et al. v. Technichem Inc., et al., No. 15-03611, N.D. Calif.).

Mealey's Toxic Tort/Environmental - Judge Finds Affidavits Filed In Other Cases, Courts Support Removal

BENTON, Ill. - Affidavits filed in other cases and courts are sufficient for removal of an asbestos case, a federal judge in Illinois held Nov. 30 (Sylvia Perez, et al. v. Air And Liquid Systems Corp., et al., No. 16-842, S.D. Ill.; 2016 U.S. Dist. LEXIS 165279).

Mealey's Toxic Tort/Environmental - Parties Debate MTBE-Tainted Groundwater Case Before 2nd Circuit

NEW YORK - Attorneys for oil and gasoline companies, as well as those representing a California water district, on Dec. 5 presented oral arguments before the Second Circuit U.S. Court of Appeals debating the applicability of a res judicata order in a groundwater contamination case involving methyl tertiary butyl ether (MTBE) (In Re: Methyl Tertiary Butyl Ether Products Liability Litigation: Orange County Water District v. Texaco Refining and Marketing Inc. n/ka TMR Company, No. 15-3934, 2nd Cir.).

Mealey's Toxic Tort/Environmental - Federal Judge: Officials Must Deliver Bottled Water To Flint Residents; Stay Denied

DETROIT - A federal judge in Michigan on Dec. 2 denied a motion filed by Michigan state officials and refused to stay a district court ruling that the defendants provide bottled water to every house in Flint, Mich., in response to the lead-contaminated water crisis (Concerned Pastors for Social Action, et al. v. Nick A. Khouri, et al., No. 16-10277, E.D. Mich.).