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Mealey's Toxic Tort/Environmental - JPMDL Transfers Cases Against DuPont To C8 Injury MDL, For A Total Of 3,423

WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation (JPMDL) on May 10 transferred seven cases to the multidistrict litigation in the U.S. District Court for the Southern District of Ohio (In re: E.I. du Pont de Nemours and Co. C8 Personal Injury Litigation, MDL No. 2433, No. 13-2433, S...

Mealey's Toxic Tort/Environmental - Expert Can Offer Limited Testimony On Impacts Of Sediment Runoff, Judge Says

GULFPORT, Miss. - A coastal services professor designated as an expert for an environmental group claiming that a contractor's road construction project is violating the Clean Water Act by disposing of excessive amounts of sediment in the Biloxi Back Bay can offer limited testimony regarding how...

Mealey's Toxic Tort/Environmental - Washington County Says Oil Companies Withheld Dangers Of Climate Change

SEATTLE - A Washington county on May 8 sued five oil companies in state court, contending that they "borrowed the Big Tobacco playbook" when failing to disclose that the burning of fossil fuels is linked to global warming and climate change that has adversely affected public and private property...

Mealey's Toxic Tort/Environmental - Supreme Court Grants Review In Maritime Bare-Metal Asbestos Case

WASHINGTON, D.C. - The Supreme Court on May 14 agreed to review a Third Circuit U.S. Court of Appeals ruling that maritime law permits holding a manufacturer liable for third-party asbestos-containing replacement parts (Air and Liquid Systems Corp, et al. v. Roberta G. DeVries, et al., No. 17-1104, U...

Mealey's Toxic Tort/Environmental - Arizona High Court: No Duty On Employer To Prevent Take-Home Asbestos Exposure

PHOENIX - Arizona does not impose a duty on employers to protect household members from asbestos absent evidence of a special relationship or public policy to the contrary, the state's high court held May 11 in a divided opinion (Mary Quiroz, et al. v. Alcoa Inc., et al., No. 16-0248, Ariz. Sup....

Mealey's Toxic Tort/Environmental - Iowa Man's Glyphosate Cancer Case Against Monsanto Sent To Roundup MDL

WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation (JPMDL) on May 10 transferred to the multidistrict litigation for Roundup products liability litigation a case in which an Iowa man contends that he developed T-cell lymphoma as a result of exposure to glyphosate and other chemicals in...

Mealey's Toxic Tort/Environmental - Justice Finds Testimony Supports Cookie Factory Worker's Asbestos Case

NEW YORK - A mechanic's testimony that he worked with an electrician at a cookie factory creates questions regarding whether they worked together and negates the need for an asbestos defendant to have cross-examined the electrician about the co-worker in his own asbestos case, a New York justice...

Mealey's Toxic Tort/Environmental - Release Requires Contractor To Indemnify Lumber Liquidators, Judge Finds

PROVIDENCE, R.I. - A release agreement between a general contractor and Lumber Liquidators Inc. resolving warranty claims stemming from bamboo flooring that buckled due to the lack of expansion spaces requires the contractor to indemnify the company for allegations brought by the developer of a condominium...

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...

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...

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...

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...

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...

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...

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...

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...

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 - 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...

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...

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...

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...

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...

Mealey's Toxic Tort/Environmental - Jury Can Decide FutureRestoration Costs For MTBE Contamination, Judge Says

TRENTON, N.J. - A federal judge in New Jersey on May 22 bifurcated a trial to determine the amount of restoration costs companies who sold gasoline containing methyl tertiary butyl ether (MTBE) should pay to remediate groundwater, finding that a jury should determine the amount of future costs the companies...

Mealey's Toxic Tort/Environmental - Enhanced Mesothelioma Compensation Law Applies To Post-2014 Claim, Court Says

KANSAS CITY, Mo. - A 2014 law providing for enhanced workers' compensation benefits for mesothelioma victims applies in a case where an insurer and employer specifically agreed to cover future claims and does not act retroactively, Missouri's Supreme Court held May 22 (Accident Fund Insurance...

Mealey's Toxic Tort/Environmental - Florida Jury Sides With Widow, Awards $21 Million Following Tobacco Trial

SARASOTA, Fla. - A Florida jury on May 22 returned a verdict against R.J. Reynolds Tobacco Co. and Philip Morris USA Inc., deeming the tobacco companies primarily responsible for the lung cancer death of Edward "Fred" Theis; one day later, on May 23, the jury awarded his widow $14 million in...