LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - Judge Remands Case Where Plaintiff Disclaimed Military Asbestos Exposures

LOS ANGELES - An asbestos plaintiff's disclaimer for any claims arising from conduct in a military or federal worksite precluded a boiler maker's removal of the case, but enough case law supports the move that sanctions are not warranted, a federal judge in California held March 31 (John Hukkanen...

Mealey's Toxic Tort/Environmental - Turbine Maker Liable For Third-Party Parts, Washington Court Says

SEATTLE, Wash. - A turbine maker knew in the 1940s and 1950s that its products required asbestos-containing insulation, gaskets and packing and can be liable for those third-party parts, a Washington appeals court held April 3 (Yeanna Woo, et al. v. General Electric Co., et al., No. 74458-5-I, Wash....

Mealey's Toxic Tort/Environmental - Florida Supreme Court: Federal Law Does Not Preempt Engle Progeny Claims

TALLAHASSEE, Fla. - The Florida Supreme Court on April 6 affirmed trial court's judgment in favor of an Engle progeny plaintiff after answering a certified question from a lower appellate court finding that federal law does not preempt negligence and strict liability claims because those claims do...

Mealey's Toxic Tort/Environmental - Florida Jury Awards $1 Million To Widow In Engle Progeny Suit

MIAMI - A Florida jury on April 6 awarded the widow of a man who developed lung cancer and coronary artery disease (CAD) and died because of his addiction to cigarettes $1 million in compensatory damages (Steffany Sommers v. Philip Morris USA Inc., No. 13-2008-CA-001464-0000-01, Fla. 11th Cir. Miami...

Mealey's Toxic Tort/Environmental - Groups: Monsanto Knowingly Misrepresents Danger Of Glyphosate In Roundup

WASHINGTON, D.C. - Two consumer advocacy groups on April 7 filed a lawsuit in the District of Columbia Superior Court against Monsanto Co., alleging that the company is liable for knowingly engaging in "deceptive labeling, marketing, and sale of retail Roundup 'Garden Weeds' Weed & Grass...

Mealey's Toxic Tort/Environmental - Judge Remands PCB Case Against Monsanto, Says Removal Was Improper

ST. LOUIS - A federal magistrate judge in Missouri on April 10 remanded a lawsuit brought by residents who contend that polychlorinated biphenyls (PCBs) manufactured by Monsanto Co. are liable for their development of non-Hodgkin lymphoma (NHL) on grounds that it was improperly removed to federal court...

Mealey's Toxic Tort/Environmental - San Diego: PCB Claims Against Monsanto Valid; Property Interests At Issue

SAN DIEGO - The city of San Diego and its port district on April 7 filed a brief in California federal court contending that their second amended complaint against Monsanto Co. regarding alleged contamination of the city's water system with polychlorinated biphenyls (PCBs) should not be dismissed...

Mealey's Toxic Tort/Environmental - Pilots Who Sprayed Glyphosate In Ecuador Were Not Its Employees, Contractor Says

WASHINGTON, D.C. - A private military contractor on April 9 filed a brief in District of Columbia federal court contending that it is not liable for the conduct of pilots that sprayed herbicides in Ecuador and allegedly caused injuries to Ecuadorian residents because the pilots were not employed by the...

Mealey's Toxic Tort/Environmental - 2 Glyphosate Cancer Cases Against Monsanto Sent To California MDL

WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation (JPMDL) on April 13 transferred two more lawsuits filed against Monsanto Co. regarding cancer allegedly caused by exposure to glyphosate, the active ingredient in the company's herbicide Roundup, to the multidistrict litigation in...

Mealey's Toxic Tort/Environmental - Judge Appoints Administrator, Special Master For DuPont C8 Injury Settlement Plan

COLUMBUS, Ohio - A federal judge in Ohio on April 12 issued an order appointing a claims administrator and a special master to oversee the master settlement agreement to resolve the multidistrict litigation against E.I. du Pont de Nemours and Co. for alleged injuries connected to exposure to perfluorooctanoic...

Mealey's Toxic Tort/Environmental - Florida Panel Restores $32 Million Verdict In Tobacco Lawsuit

LAKELAND, Fla. - Recognizing that its ruling created a conflict with other appellate courts in Florida, a panel of the Second District Florida Court of Appeal on April 12 found that a trial court in an Engle progeny suit erred by reducing a compensatory award to a couple because a Florida statute governing...

Mealey's Toxic Tort/Environmental - Justice: Regulatory Evidence, Tyndall Lighting Tests Admissible At Asbestos Trial

NEW YORK - Some post-exposure regulatory material, evidence relating to studies involving animals and videotapes of Tyndall lighting tests demonstrating the dust released during certain work may be used at an asbestos trial, a justice in New York held in an opinion posted April 11 (Jeanne Evans, et al...

Mealey's Toxic Tort/Environmental - 6th Circuit: Modification Of Consent Decree For Power Plants Violated Agreement

CINCINNATI - The modification of a consent decree that extended the deadline for upgrades to one of two coal-burning power plants in Rockport, Ind., violated a contract between owners and operators of the facility because it would require the owners to make the improvements and pay for them after expiration...

Mealey's Toxic Tort/Environmental - Residents Seek Damages From State, City For Flint, Mich., Lead Water Crisis

DETROIT - A group of Flint, Mich., residents on April 13 sued state and city officials in Michigan federal court, contending that they are liable for lead contamination in the city's drinking water for their respective roles in making the decision to use the Flint River as the water supply for the...

Mealey's Toxic Tort/Environmental - Ex-Chemistry Teacher's Asbestos Action Belongs In Indonesia, Panel Says

SAN FRANCISCO - Indonesia's interests in preventing, and compensating for, asbestos exposures by residents support a judge's conclusion that Hawaii is not the best forum for a former chemistry teacher's lawsuit, a divided Ninth Circuit U.S. Court of Appeals panel held April 14 (James S. Herbert...

Mealey's Toxic Tort/Environmental - Ohio Top Court Agrees To Hear Asbestos Causation Testimony Challenge

CLEVELAND - Ohio's Supreme Court on April 19 agreed to wade into a dispute over the admissibility of expert causation testimony in an asbestos case, according to its docket (Mark Schwartz, et al. v. Honeywell International Inc., et al., No. 103377, Ohio Sup.).

Mealey's Toxic Tort/Environmental - 2nd Circuit Dismisses Creosote Injury Case Brought Against Chemical Company

NEW YORK - A panel of the Second Circuit U.S. Court of Appeals on April 20 ruled that it lacked jurisdiction to decide a case in which a group of residents sued Tronox Inc. contending that they had been harmed as a result of exposure to wood treated with creosote at the company's plant in Pennsylvania...

Mealey's Toxic Tort/Environmental - Magistrate Judge Finds Port's Product Liability Claims Against Monsanto Are Timely

PORTLAND, Ore. - A federal magistrate judge in Oregon on April 18 recommending denying Monsanto Co.'s motion to dismiss product liability claims brought by the Port of Portland, over polychlorinated biphenyl (PCB) contamination, finding that the plaintiff does not clearly state when it discovered...

Mealey's Toxic Tort/Environmental - Jury Awards $81.5M After Asbestos Friction-Parts Trial In Washington State

TACOMA, Wash. - A Washington jury awarded $81.5 million April 17 to a widow and her two daughters in their case alleging that their decedent suffered exposure to asbestos in automobile friction products, sources told Mealey's Publications (Gerri Coogan, et al. v. Genuine Parts Co. et al., No. 15...

Mealey's Toxic Tort/Environmental - Iowa Court Reverses, Orders Retrial Of $4 Million Asbestos Verdict

DES MOINES, Iowa - Counsel's "continuous disregard" for rulings excluding evidence of how much a defendant spent defending asbestos actions and the application of the statute of repose requires a new trial, an Iowa appeals court held April 19 (Shari Kinseth and Ricky Kinseth, et al. v....

Mealey's Toxic Tort/Environmental - Federal Judge Orders Volkswagen To Pay $2.8B Fine

DETROIT - A federal judge in Michigan on April 21 ordered Volkswagen AG to pay a $2.8 billion fine for equipping its diesel vehicles with software designed to cheat emissions tests after the company pleaded guilty to counts of conspiracy to defraud the United States, wire fraud and violations of the...

Mealey's Toxic Tort/Environmental - Judge: Volkswagen Buyers Cannot Seek Restitution In Criminal Proceeding

DETROIT - Consumers who purchased Volkswagen vehicles with software designed to cheat emissions tests cannot seek restitution from the auto manufacturer as part of criminal proceedings brought by the federal government against the company because it would unduly prolong the sentencing process, a federal...

Mealey's Toxic Tort/Environmental - Jury Awards $15 Million To Widow Of Smoker In Engle Progeny Suit

TAMPA, Fla. - A Florida jury on April 21 awarded the widow of a smoker in a tobacco suit a total of $12 million in punitive damages, bringing the total award against a tobacco company to $15 million (Mary Lima v. R.J. Reynolds, et al., No. 2015CA007140, Fla. Cir., 13th Jud. Cir. Hillsborough Co.).

Mealey's Toxic Tort/Environmental - Judge Rejects Challenge To Causation Testimony In Asbestos Case

NEW YORK - Requiring experts to actually sample and test the release of asbestos fibers from products would be fatal to almost all cases, given the lack of existing products to test and their inherent hazards, a New York justice held in allowing the testimony of three experts in an opinion posted April...

Mealey's Toxic Tort/Environmental - Jury's Duty Finding Nixes Third-Party Parts Liability Question, Court Finds

WILMINGTON, Del. - A jury's finding that Ford Motor Co. did not fail to warn about the dangers of asbestos-containing replacement brakes makes the question of liability for third-party parts irrelevant, Delaware's top court held April 21 (In re: Asbestos Litigation Donna F. Walls, et al. v. Ford...