LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - Lawmakers: State's Efforts To Block Flint Water Crisis Lawsuits Should Be Probed

WASHINGTON, D.C. - Five Michigan Democrats in the U.S. House of Representatives on Oct. 26 sent a letter to U.S. Attorney General Loretta Lynch asking her to investigate a series of concerns pertaining to lawsuits involving the lead-contaminated water crisis in Flint, Mich., including the way in which the State of Michigan is applying its emergency manager law (EML) to block the City of Flint from suing the state.

Mealey's Labor & Employment - EMTs Permitted To Proceed With 2 Employment Claims Despite Never Applying For Job

CHICAGO - Failing to apply for a job with a replacement subcontractor does not doom retaliation claims filed against that employer by two emergency medical technicians (EMTs) under Title VII of the Civil Rights Act of 1964 and the Illinois Human Rights Act (IHRA), the Seventh Circuit U.S. Court of Appeals ruled Oct. 19 (Shannon Volling, et al. v. Kurtz Paramedic Services, Inc., No. 15-3572, 7th Cir.; 2016 U.S. App. LEXIS 18816).

Mealey's PI/Product Liability - Johnson & Johnson Opposes Remand Of Suit Alleging Cancer Link To Baby Powder

ST. LOUIS - Johnson & Johnson on Sept. 20 filed an opposition response to a plaintiffs' emergency motion to remand a suit to Missouri state court, saying the removal of the suit in which the plaintiffs claim that there is a link between the company's baby powder and cancer was timely (Tiffany Hogans, et al. v. Johnson & Johnson, et al., No. 4:16-cv-01470-JCH, E.D. Mo.).

Mealey's PI/Product Liability - 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 - 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 IP/Tech - D.C. Circuit: Backpage.com CEO Must Comply With Senate Subcommittee Subpoena

WASHINGTON, D.C. - Three weeks after the CEO of online classifieds website operator Backpage.com LLC was granted an emergency stay from a trial court's order requiring him to comply with a U.S. Senate subcommittee's discovery subpoena related to an online sex trafficking investigation, a District of Columbia Circuit U.S. Court of Appeals panel majority on Sept. 2 dissolved the stay and affirmed the order requiring compliance (Senate Permanent Subcommittee on Investigations v. Carl Ferrer, No. 16-5232, D.C. Cir.).

Mealey's Litigation Procedure - D.C. Circuit: Backpage.com CEO Must Comply With Senate Subcommittee Subpoena

WASHINGTON, D.C. - Three weeks after the CEO of online classifieds website operator Backpage.com LLC was granted an emergency stay from a trial court's order requiring him to comply with a U.S. Senate subcommittee's discovery subpoena related to an online sex trafficking investigation, a District of Columbia Circuit U.S. Court of Appeals panel majority on Sept. 2 dissolved the stay and affirmed the order requiring compliance (Senate Permanent Subcommittee on Investigations v. Carl Ferrer, No. 16-5232, D.C. Cir.).

Mealey's Litigation Procedure - D.C. Circuit Stays Senate Subcommittee Subpoena On Backpage.com CEO

WASHINGTON, D.C. - The chief executive officer of online classifieds website operator Backpage.com LLC was granted temporary relief from a U.S. Senate subcommittee's discovery subpoena on Aug. 12 when a District of Columbia U.S. Circuit Court of Appeals panel granted his emergency motion to stay, which was filed the same day (Senate Permanent Subcommittee on Investigations v. Carl Ferrer, No. 16-5232, D.C. Cir.).

Mealey's IP/Tech - D.C. Circuit Stays Senate Subcommittee Subpoena On Backpage.com CEO

WASHINGTON, D.C. - The chief executive officer of online classifieds website operator Backpage.com LLC was granted temporary relief from a U.S. Senate subcommittee's discovery subpoena on Aug. 12 when a District of Columbia U.S. Circuit Court of Appeals panel granted his emergency motion to stay, which was filed the same day (Senate Permanent Subcommittee on Investigations v. Carl Ferrer, No. 16-5232, D.C. Cir.).

Mealey's Litigation Procedure - Virginia GOP Delegate Files Class Suit Over State Law

RICHMOND, Va. - A Virginia Republican Party delegate filed a class complaint on June 24 in a Virginia federal court, seeking emergency injunctive relief from Virginia law to allow him and other delegates, both Democrats and Republicans, to vote their consciences at the parties' July national conventions (Carroll Boston Correll, Jr., et al. v. Mark R. Herring, et al., No. 16-467, E.D. Va.).

Mealey's Insurance - 3rd Circuit Affirms Dismissal Of Claims In Hurricane Irene Flood Coverage Dispute

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on June 16 affirmed a lower federal court's ruling that dismissed an insured's breach of contract, fraud and misrepresentation claims against its federal flood insurer over its alleged personal property damage caused by Hurricane Irene (Psychiatric Solutions, Inc. v. Federal Emergency Management Agency, et al., No. 15-2923, 3rd Cir.; 2016 U.S. App. LEXIS 10894).

Mealey's Labor & Employment - Tennessee Appeals Court: ERISA Preempts Claims In Lawsuit Against Insurer

NASHVILLE, Tenn. - A Tennessee Court of Appeals panel on June 9 concluded that the Employee Retirement Income Security Act preempts state law causes of action based on implied-in-law contract in a suit brought by health care corporations to recover costs for emergency medical services to patients participating in Blue Cross BlueShield of Tennessee Inc.'s (BCBST) insurance plans (HCA Health Services of Tennessee Inc., et al. v. BlueCross BlueShield of Tennessee Inc., No. M2014-01869, Tenn. App.; 2016 Tenn. App. LEXIS 407).

Mealey's Toxic Tort/Environmental - EPA: Carbon Fiber Supplier To Pay $125,000 For Violating Notification Law

SEATTLE - A regional office of the U.S. Environmental Protection Agency announced May 5 that SGL Automotive Carbon Fibers LLC will pay $125,000 for violations of the Emergency Planning and Community Right To Know Act (EPCRA) stemming from the company's failure to alert a local emergency planning committee about its storage of nitrogen and ammonium bicarbonate and its releases of ammonia and hydrogen cyanide at its Moses Lake, Wash., manufacturing plant.

Mealey's PI/Product Liability - 9th Circuit Stays Remand Of Asbestos Case Pending Appeal

OAKLAND, Calif. - The Ninth Circuit U.S. Court of Appeals on April 21 granted an emergency stay of remand of an asbestos case against an aircraft brake manufacturer (Lorna M. Walek, et al. v. The Boeing Co., et al., No. 16-55431, 9th Cir.).

Mealey's Toxic Tort/Environmental - 9th Circuit Stays Remand Of Asbestos Case Pending Appeal

OAKLAND, Calif. - The Ninth Circuit U.S. Court of Appeals on April 21 granted an emergency stay of remand of an asbestos case against an aircraft brake manufacturer (Lorna M. Walek, et al. v. The Boeing Co., et al., No. 16-55431, 9th Cir.).

Mealey's Toxic Tort/Environmental - EPA: Chemical Repackage Co. Will Pay $85,000 Over Illegal Waste Storage

PHILADELPHIA - A regional office of the U.S. Environmental Protection Agency announced March 28 that the owner of a chemical repackaging and distribution plant in Reading, Pa., agreed to pay a $55,000 penalty for illegally storing oil and hazardous waste and that it would donate $30,000 of emergency response equipment to a local fire department.

Mealey's Labor & Employment - Retired Emergency Workers Denied Class Certification In Slashed Benefits Suit

FLINT, Mich. - A Michigan federal judge on March 23 denied a motion to certify a class of retired emergency workers who allege that their retiree benefits were improperly reduced (Craig Serafino, et al. v. City of Hamtramck, et al., No. 14-14112, E.D. Mich.; 2016 U.S. Dist. LEXIS 37353).

Mealey's Toxic Tort/Environmental - Report: Flint Water Crisis Mostly The Fault Of State Agencies, Emergency Managers

LANSING, Mich. - The Flint Water Advisory Task Force (FWATF) commissioned by Michigan Gov. Rick Snyder issued a report on March 21, which concluded that the Michigan Department of Environmental Quality (MDEQ) "bears primary responsibility for the water contamination in Flint." The task force also determined that "the framework" for the specific events that resulted in the water crisis was "a litany of questionable decisions and failures," conducted within the framework of the state's Emergency Manager Law.

Mealey's Toxic Tort/Environmental - Witnesses Tell Congressional Committee They Are Not Responsible For Water Crisis

WASHINGTON, D.C. - The House Committee on Oversight and Government Reform held its second hearing on the Flint water crisis on March 15, at which the former director of the Region 5 Office of the U.S. Environmental Protection Agency, the former emergency manager for the city and the former mayor of the city all denied responsibility for the lead water crisis.

Mealey's Insurance - EMT Sentenced To 37 Months In Jail For Role In Fraud Scheme

PHILADELPHIA - An emergency medical technician (EMT) for a Pennsylvania-based ambulance service was sentenced March 10 by a federal judge in Pennsylvania to 37 months in prison and ordered to pay $2 million in restitution for his role in a fraudulent billing scheme (United States of America v. Fritzroy Brown, No. 14cr596, E.D. Pa.).

Mealey's Toxic Tort/Environmental - 2nd Circuit Judge Stays Order Forcing Chemical Injury Plaintiffs To Dismiss Case

NEW YORK - A judge in the Second Circuit U.S. Court of Appeals on Feb. 8 granted an emergency stay of a lower court's order that required a group of plaintiffs to dismiss their chemical injury lawsuit pending in Pennsylvania state court against Anadarko Petroleum Corp. (Tronox Incorporated v. Anadarko Petroleum Corporation, No. 14-5495, 2nd Cir.).

Mealey's Toxic Tort/Environmental - Ohio Environmental Agency Declares Emergency In Town With Lead Tainted Water

COLUMBUS, Ohio - The Ohio Environmental Protection Agency (OEPA) on Jan. 25 declared a "water supply emergency" for the Village of Sebring and proposed revoking the license of the agency that supplies drinking water to the village due to excessive levels of lead in the water.

Mealey's Toxic Tort/Environmental - Michigan Lead Water Crisis Prompts 2 Probes; Advocates Want Governor Arrested

FLINT, Mich. - Michigan Attorney General Bill Schuette announced Jan. 15 that his office is investigating the water crisis in Flint, Mich., to see if state laws were violated in connection with the lead contamination that has forced the governor to declare a state of emergency.

Mealey's Litigation Procedure - Texas High Court Refuses To Rehear Insurer's Petition Challenging Ex Parte Order

AUSTIN, Texas - The Texas Supreme Court denied an insurer's emergency motion to rehear its petition for writ of mandamus challenging a lower court's grant of an ex parte temporary restraining order (TRO) that compelled the production of class-based discovery, according to a Nov. 18 pronounced order on the high court's website (In Re National Lloyds Insurance Co., Nos. 15-0867, Texas Sup.).

Mealey's Insurance - Texas High Court Refuses To Rehear Insurer's Petition Challenging Ex Parte Order

AUSTIN, Texas - The Texas Supreme Court denied an insurer's emergency motion to rehear its petition for writ of mandamus challenging a lower court's grant of an ex parte temporary restraining order (TRO) that compelled the production of class-based discovery, according to a Nov. 18 pronounced order on the high court's website (In Re National Lloyds Insurance Co., Nos. 15-0867, Texas Sup.).