Mealey's Toxic Tort/Environmental - Panel: Private Monitoring In Groundwater Case Is Valid; Health Assessment Is Not

PHILADELPHIA - A panel of the Third Circuit U.S. Court of Appeals on Oct. 2 partially affirmed and partially vacated a district court's dismissal of groundwater contamination complaints against the U.S. Department of the Navy, concluding that private party medical monitoring claims are valid, but that an order mandating a health assessment was a challenge to federal law (Kristen Giovanni, et al. v. United States Department of the Navy, No. 17-2473, 3rd Cir.; and Dorothy Palmer, et al. v. U.S. Department of the Navy, No. 17-3196, 3rd Cir. [consolidated], 2018 U.S. App. LEXIS 27891).