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Mealey's Toxic Tort/Environmental - Judge Find Contacts From 1973 Keep Ship Owner In Louisiana Asbestos Litigation

NEW ORLEANS - A company's shell-dredging operations in Louisiana in 1973 keep a company in an asbestos action, a federal judge held May 18 in declining to impose a temporal limitation to the specific jurisdiction analysis (Robert Schindler v. Dravo Basic Materials Company Inc., No. 17-013013, E.D. La., 2018 U.S. Dist. LEXIS 83922).

Mealey's Toxic Tort/Environmental - California Federal Jury Rules In Favor Of Chemical Company In Groundwater Case

LOS ANGELES - A federal jury in California on May 17 issued a take-nothing judgment in favor of a chemical company that had been sued by the city of Pomona, Calif., which alleged that the company was liable for contaminating the city's drinking water with perchlorate (Pomona v. SQM North America Corporation, No. 11-167, C.D. Calif.).

Mealey's Toxic Tort/Environmental - Injuries From Exploding Vaping Device Lead New Jersey Man To File Suit

NEW BRUNSWICK, N.J. - Asserting violations of the New Jersey Product Liability Act (NJPLA), negligence and other torts, a New Jersey man who suffered burns when his vaping device exploded in the pockets of his pants filed suit in the Middlesex County Superior Court on May 18 (Jesse Kelly, Jr. v. I South Vape LLC, et al., No. MID-L-003092-18, N.J .Super., Middlesex Co.).

Mealey's Toxic Tort/Environmental - Contacts In Illinois Don't Create Jurisdiction In Asbestos Case, Court Says

CHICAGO - The absence of evidence of General Electric Co.'s asbestos-containing products in Illinois defeats specific personal jurisdiction, and the company's contacts with the state are not large enough to create general personal jurisdiction, a state appeals court held May 18 while declining to adopt jurisdiction by necessity (Arlin Campbell, et al. v. Acme Insulation Inc., et al., No. 1-17-3051, Ill. App., 1st Dist., 2018 Ill. App. LEXIS 294).

Mealey's Toxic Tort/Environmental - Panel Says Lower Court Misapplied Rules When Barring Contamination Evidence

SALT LAKE CITY - A Utah appeals court panel on May 17 overturned two rulings by a lower court judge that excluded evidence and testimony about what materials are subject to cleanup as part of a city's sale of a parcel of land to a developer, holding that the trial court judge misapplied an earlier appeals court ruling in the case, as well as the Utah Rules of Evidence (Northgate Village Development LLC v. Orem City, No. 20160408-CA, Utah App., 2019 Utah App. LEXIS 98).

Mealey's Toxic Tort/Environmental - Federal Appeals Court Finds EPA Erred When Adding Site To Superfund List

WASHINGTON, D.C. - A federal appeals court panel in the District of Columbia on May 18 vacated a ruling by the U.S. Environmental Protection Agency that placed an Indianapolis site on the National Priorities List (NPL) after finding that the agency ignored evidence and erroneously determined that two aquifers were connected (Genuine Parts Co. v. U.S. Environmental Protection Agency, No. 16-1416, 16-1418, D.C. Cir., 2018 U.S. App. LEXIS 12901).

Mealey's Toxic Tort/Environmental - 5th Circuit Panel Upholds Ruling Finding Claimants' Submissions Untimely

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on May 21 upheld a federal judge in Louisiana's ruling finding that the failure to submit claim forms along with the required documentation to obtain compensation from the Deepwater Horizon Court Supervised Settlement Program (CSSP) rendered the claims untimely (In re Deepwater Horizon, No. 17-30544, 5th Cir.).

Mealey's Toxic Tort/Environmental - U.S. Supreme Court Refuses ToHear Tainted Groundwater Case Against U.S. Army

WASHINGTON, D.C. - The U.S. Supreme Court on May 21 refused to hear an appeal of a groundwater contamination lawsuit brought by a group of residents who contended that a lower court erred when it held that the U.S. Army's waste disposal and remediation practices at Fort Detrick fall squarely within the discretionary function exception to the Federal Tort Claims Act (FTCA) (Angela Pieper v. United States, No. 17-1324, U.S. Sup.).

Mealey's Toxic Tort/Environmental - City Says Groundwater Case Against 3M Is Not Barred By Statute Of Limitations

BOSTON - The city of Westfield, Mass., on May 18 filed a brief in Massachusetts federal court contending that a motion to dismiss filed by 3M Co. and other companies related to groundwater contamination from the manufacture and use of aqueous film forming foam (AFFF) should be rejected because the claim is not barred by the statute of limitations (City of Westfield, Massachusetts v. 3M, et al., No. 18-30027, D. Mass.).

Mealey's Toxic Tort/Environmental - $8 Million Award Against R.J. Reynolds Upheld By Florida Appeals Court

LAKELAND, Fla. - In a May 18 per curiam ruling, the Second District Florida Court of Appeal left intact an $8 million award rendered by jurors in May 2016 on behalf of the family of a deceased smoker, just over one week after hearing oral arguments in the Engle progeny case (James C. McCabe v. R.J. Reynolds Tobacco Co., No. 2D17-797, Fla. App. 2nd Dist., 2018 Fla. App. LEXIS 6947).

Mealey's Toxic Tort/Environmental - Florida Judge Will Allow Punitive Damages Claim Against Tobacco Companies

MIAMI - In a May 15 order, a Florida state court judge granted a plaintiff leave to amend his Engle progeny complaint in order to add a claim for punitive damages against R.J. Reynolds Tobacco Co. and Philip Morris USA Inc., rejecting the tobacco companies' assertion that such an amendment would be premature (Michael Jordan Lipp, et al. v. R.J. Reynolds Tobacco Co., et al., No. 17-018509-CA-10, Fla. 11th Jud Cir. Miami-Dade Co.).

Mealey's Toxic Tort/Environmental - New York Appeals Court Affirms Summary Judgment Denial In Lead Case

NEW YORK - A New York state appeals court on May 15 affirmed a trial court's denial of summary judgment in a lead exposure lawsuit, saying the record demonstrates that lead abatement did not begin until after the plaintiff was diagnosed with high blood-lead levels (Christopher Brown v. Wendy Webb-Weber, et al., Nos. 159252/14 and 595628/16, N.Y. Sup., App. Div., 1st Dept., 2018 N.Y. App. Div. LEXIS 3446).

Mealey's Toxic Tort/Environmental - Evidence Lacking Against Asbestos-Talc Defendant, California Court Says

LOS ANGELES - Factually devoid discovery responses and questionable chain of custody over allegedly asbestos-tainted talc samples sinks a man's case, a California appeals court affirmed May 16 (John Wittman v. Coty Inc., No. B286135, Calif. App., 2nd Dist.).

Mealey's Toxic Tort/Environmental - Johnson & Johnson Loses Bid To Keep Asbestos-Talc Case In Federal Court

NEW ORLEANS - Technical deficiencies in a complaint are not evidence of improper joinder, and a woman will need discovery to flesh out her claims against a retailer she claims sold asbestos-tainted talc, a federal judge in Louisiana held in finding joinder proper and remanding the case on May 17 (Marilyn Rousseau v. Johnson & Johnson, et al., No. 18-2922, E.D. La., 2018 U.S. Dist. LEXIS 83230).

Mealey's Toxic Tort/Environmental - Washington High Court Majority Finds Emails Between County, Department Privileged

OLYMPIA, Wash. - A 7-2 Washington Supreme Court on May 17 found that emails between a county and the Washington Department of Ecology were protected from disclosure under the Public Records Act (PRA) because they were work product and because the sharing of the information between the parties did not constitute a waiver of that privilege (Kittitas County v. Sky Allphin, et al., No. 93562-9, Wash. Sup., 2018 Wash. Sup., 2018 Wash. LEXIS 336).

Mealey's Toxic Tort/Environmental - NL Industries Agrees To $60M Settlement Of California Lead Paint Litigation

SANTA CLARA, Calif. - Former lead paint manufacturer NL Industries Inc. has agreed to pay $60.18 million to 11 California counties and municipalities for lead paint remediation, according to a May 16 press release from Santa Clara County (County of Santa Clara, et al. v. Atlantic Richfield Company, et al., No. 1-00-CV-788657, Calif. Super., Santa Clara Co.).

Mealey's Toxic Tort/Environmental - With No Error On Expert Ruling, Summary Judgment Appropriate, 11th Circuit Holds

ATLANTA - A Florida federal court did not abuse its discretion in excluding an expert's opinion that pollution from a fertilizer factory caused or worsened a woman's pulmonary diseases, and then awarding the factory judgment for lack of expert causation evidence, because the court correctly found that the expert's "methodology was undermined by multiple defects," the 11th Circuit U.S. Court of Appeals said May 14 (Rhonda Williams v. Mosaic Fertilizer, LLC, No. 17-10894, 11th Cir., 2018 U.S. App. LEXIS 12478).

Mealey's Toxic Tort/Environmental - Widower Petitions Florida Supreme Court Over Dismissed Engle Progeny Case

TALLAHASSEE, Fla. - In a May 14 jurisdictional brief, an appellant tells the Florida Supreme Court that he was erroneously denied an opportunity to file an amended complaint against two tobacco companies after the trial court deemed the case a legal nullity, upon learning that the original named plaintiff died before her complaint could be filed (Raymond Staines v. R.J. Reynolds Tobacco Co. and Philip Morris USA Inc., No. SC18-628, Fla. Sup.).

Mealey's Toxic Tort/Environmental - New York Justice Finds Similar Asbestos Products Insufficient For Joint Trial

NEW YORK - Similar types of products at the heart of two men's asbestos exposures are not enough to overcome different vectors of exposure and diseases, a New York justice held in denying consolidated trial in an opinion posted May 15 (Joseph Montebianco, et al. v. A.O. Smith Corp., et al., No. 190185/15, N.Y. Sup., New York Co.).

Mealey's Toxic Tort/Environmental - Wisconsin Court: No Interplay Between Asset Law, Asbestos Successor Liability

WAUSAU, Wis. - A Wisconsin statute governing fraudulent transfer of assets does not alter the fraudulent transfer exception analysis to the general rule against successor liability, a majority of the state's Supreme Court held May 15 (Penny L. Springer v. Nohl Electric Products Corp., et al., No. 2015AP829, Wis. Sup.).

Mealey's Toxic Tort/Environmental - Maryland Court Orders New Trial In $5M Asbestos Friction-Products Case

BALTIMORE - An illogical $5 million asbestos verdict finding defendants liable for negligently failing to warn but not the lower standard of strict liability failure to warn likely arose from jury instruction error and warrants a new trial, a Maryland appeals court held May 11 (Mack Trucks Inc., et al. v. Christopher Coates Sr., No. 2706 September Term 2016, Md. Sp. App.).

Mealey's Toxic Tort/Environmental - Judge Asks Massachusetts Court If Statute Of Repose Applies To Asbestos Cases

BOSTON - A federal judge on May 14 filed a certified question to the Massachusetts Supreme Judicial Court, asking whether the state's six-year statute of repose applies to an asbestos case, creating absolute immunity for a turbine generator manufacturer (June Stearns, et al. v. Metropolitan Life Insurance Co., et al., No. 15-13490, D. Mass.).

Mealey's Toxic Tort/Environmental - FDA's Deeming, User Fee Rules Largely Upheld By D.C. Federal Judge

WASHINGTON, D.C. - In a 70-page summary judgment issued May 15, a District of Columbia federal judge confirmed as constitutional the U.S. Food and Drug Administration's May 2016 "Deeming" and "User Fee" Rules, finding only one provision relating to in-store blending of pipe tobacco in violation of the Administrative Procedure Act (APA) (Cigar Association of America Inc., et al. v. U.S. Food and Drug Administration, et al., No. 16-1460, D. D.C., 2018 U.S. Dist. LEXIS 81101).

Mealey's Toxic Tort/Environmental - Groups Challenge EPA Rule Scrapping Greenhouse Gas Emission Standards For Cars

WASHINGTON, D.C. - The Natural Resource Defense Council and six other groups on May 15 filed a petition in the District of Columbia U.S. Circuit Court of Appeals challenging a recent U.S. Environmental Protection Agency rule that would eliminate greenhouse gas emissions standards for cars, sport utility vehicle and pickup trucks made from 2022 through 2025 (Center for Biological Diversity, et al. v. U.S. Environmental Protection Agency, No. n/a, D.C. Cir.).

Mealey's PI/Product Liability - West Virginia High Court: Zoloft Liability Can't Be Shown Without Experts

CHARLESTON, W.Va. - The West Virginia Supreme Court of Appeals on May 15 said the state's Zoloft mass tort court correctly granted summary judgment in two cases after the plaintiffs' experts could not testify and said the plaintiffs cannot rely on documents or the testimony of opposing experts to prove inadequate warning (J.C., et al. v. Pfizer, Inc., et al., No. 17-0282, W.Va. Sup., 2018 W. Va. LEXIS 402).