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Mealey's Toxic Tort/Environmental - Jury Hears Arguments, First Salvos From Experts In Asbestos-Talc Case

SPARTANBURG, S.C. - A South Carolina jury on May 24 heard from dueling experts over whether cosmetic talcum powder exposes an individual to asbestos and whether the product's usage could lead to pericardial mesothelioma (Bertila Boyd-Bostic v. Imerys Talc America, et al., No. 17-CP-16-0400, S.C....

Mealey's Toxic Tort/Environmental - Minnesota Court Affirms $3.7M Award, Rejects Expert, Liability Challenges

ST. PAUL, Minn. - A Minnesota court on May 21 affirmed a $3.7 million asbestos verdict, rejecting a defendant's claim that experts testified that every exposure to asbestos caused disease, that the expert testimony did not support the verdict and that the court should have applied 2003 amendments...

Mealey's Toxic Tort/Environmental - Panel: Lago Agrio Parties May Not Pierce Chevron's Corporate Veil To Collect $9.5B

TORONTO - The Ontario Court of Appeal on May 24 affirmed a lower court's ruling that refused to pierce the corporate veil of Chevron Corp. to enforce a $9.5 billion environmental damages ruling for Ecuadorian claimants who contend that they were injured by the company during its operation in the...

Mealey's Toxic Tort/Environmental - Cleanup Defendant's 11th-Hour Arguments On Entities' Liability Rejected By Judge

INDIANAPOLIS - A federal judge in Indiana on May 22 overruled a defendant company's argument that its preceding entities should be able to escape liability for cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for remediation of a former steel...

Mealey's Toxic Tort/Environmental - Judge Declares Mistrial After South Carolina Jury Hangs In Asbestos-Talc Trial

SPARTANBURG, S.C. - A South Carolina judge on May 25 declared a mistrial after the jury reported that it was hopelessly deadlocked in regard to two of the three remaining defendants in an asbestos-talc case, sources told Mealey Publications (Bertila Boyd-Bostic v. Imerys Talc America, et al., No. 17...

Mealey's Toxic Tort/Environmental - 2nd Circuit Upholds Ruling Finding Residents' State Law Claims Preempted By CERCLA

NEW YORK - A federal judge in New York did not err when dismissing a lawsuit brought by residents who live near a Superfund site after finding that their state law claims were preempted by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), a Second Circuit U.S. Court...

Mealey's Toxic Tort/Environmental - Trump Administration Violates Pesticide Law, Say Attorneys General For 3 States

NEW YORK - Three attorneys general on May 30 filed a lawsuit against EPA Administrator Scott Pruitt alleging that the EPA has made an "unlawful decision to delay a requirement for employers to provide enhanced training to protect farmworkers, pesticide handlers and their families from injury and...

Mealey's Toxic Tort/Environmental - Monsanto Denies Liability, Says Roundup Is Non-Toxic, Non-Carcinogenic

SAN FRANCISCO - Monsanto Co. on May 29 filed another answer to one of the more than 400 lawsuits in the multidistrict litigation for Roundup, denying any liability for injuries - including non-Hodgkin lymphoma - that plaintiffs say were caused by exposure to the herbicide's active ingredient glyphosate...

Mealey's Toxic Tort/Environmental - Split 4th Circuit Denies Rehearing En Banc Of Groundwater Ruling

RICHMOND, Va. - A divided panel of the Fourth Circuit U.S. Court of Appeals on May 30 denied a petition for rehearing en banc of its divided ruling that concluded that conservation groups have a valid claim against a company whose pipeline leaked 369,000 gallons of gasoline into local groundwater and...

Mealey's Toxic Tort/Environmental - 3rd Circuit Vacates Dismissal, Remands Banana Workers' Chemical Exposure Case

PHILADELPHIA - A panel of the Third Circuit U.S. Court of Appeals on May 29 vacated a dismissal order and remanded to Pennsylvania federal court a case brought by banana plantation workers who allege that they have been injured from chemical exposure on the job (Luis Antonio Aguilar Marquinez, et al...

Mealey's Toxic Tort/Environmental - Chamber: Asbestos Verdict Threatens Texas Workers' Compensation Exclusivity Rule

AUSTIN, Texas - An appellate court ruling threatens the workers' compensation exclusivity provision critical to the law's function by lowering the standard for filing a tort action from gross negligence requiring actual knowledge of a likely injury to simple negligence, the U.S. Chamber of Commerce...

Mealey's Toxic Tort/Environmental - Land Buyer's Detrimental Reliance Claim Over Site Cleanup Prescribed, Judge Says

NEW ORLEANS - A federal judge in Louisiana on May 30 held that buyers of land that is in the process of being remediated cannot pursue a counterclaim for detrimental reliance against the seller, finding that the claim sounds in tort rather than contract and that it is prescribed by a one-year statute...

Mealey's Toxic Tort/Environmental - Judge: Group Lacks Standing To Bring Suit Over Ash Basin Closure Plan

CHARLOTTE, N.C. - A public interest group lacks standing to sue an energy company over its plan to close ash basins that store coal combustion residuals (CCR) at a power plant, a federal judge in North Carolina ruled May 30, finding that the group failed to allege that the proposed plan has resulted...

Mealey's Toxic Tort/Environmental - Judge Orders EPA To Produce Records About Climate Change

WASHINGTON, D.C. - A federal judge in the District of Columbia on June 1 ordered the U.S. Environmental Protection Agency to respond to a Freedom of Information Act (FOIA) request from a group seeking records that administrator Scott Pruitt relied upon when publicly stating that human activity was not...

Mealey's Toxic Tort/Environmental - Pipeline Owner Awarded Summary Judgment In Suit Over 2014 Spill

TUSCALOOSA, Ala. - A federal judge in Alabama on June 4 awarded summary judgment to a pipeline company on plaintiffs' claims for violations of the Clean Water Act (CWA) and Resource Conservation and Recovery Act (RCRA), finding that a 2014 spill was not an ongoing violation and that the plaintiffs...

Mealey's Toxic Tort/Environmental - Defective Asbestos Respirator Action May Proceed, Federal Judge Says

MADISON, Wis. - Evidence that 3M Co.'s internal testing of a respirator showed compliance problems, even while it was seeking an extension of approvals for use to filter asbestos, is sufficient to rebut the presumption that a product given the federal stamp of approval is not defective, a federal...

Mealey's Toxic Tort/Environmental - Judge Denies Motions Of Both Parties After Dryer Felt Asbestos Verdict

SEATTLE - A federal judge in Washington on June 4 declined to re-evaluate a jury's damage award in a retrial of an asbestos case while also denying the defendant's challenges to experts, exposure, and causation (Geraldine Barabin v. Scapa Dryer Fabrics Inc., No. 07-1454, W.D. Wash.).

Mealey's Toxic Tort/Environmental - EPA, 'Fixer Upper' Home Repair Show Reach Deal Regarding Lead-Based Paint

WASHINGTON, D.C. - The Environmental Protection Agency announced June 5 that it has reached a settlement agreement with Magnolia Waco Properties LLC, which does business as Magnolia Homes, to resolve alleged violations of the Toxic Substances Control Act (TSCA) related to home renovations conducted without...

Mealey's Toxic Tort/Environmental - New York High Court OKs Pre-Collection Of Cigarette Taxes On Tribal Land

ALBANY, N.Y. - In a June 7 ruling, the New York Court of Appeals found that enforcement of a law that requires retailers on reservation land to prepay taxes on cigarette sales to patrons who are not members of the Seneca Nation of Indians does not run afoul of Indian Law Section 6 or the Buffalo Creek...

Mealey's Toxic Tort/Environmental - Florida Jury Sides With Smoker's Widower, Awards $20 Million In Damages

FORT LAUDERDALE, Fla. - A request for a mistrial by two tobacco companies was denied June 2 when a Florida judge instead found that an initial, inconsistent verdict by jurors in an Engle progeny case and $8 million award for wrongful death could stand; nearly one week later, on the evening of June 8...

Mealey's Toxic Tort/Environmental - Government, New York City Authority Reach Lead Hazard Deal Worth At Least $1.4B

NEW YORK - The U.S. attorney for the Southern District of New York on June 11 announced that he has reached a lead hazard settlement with the New York City Housing Authority (NYCHA) that imposes a federal monitor, requires the city to provide $1.2 billion of additional capital funding to NYCHA over the...

Mealey's Toxic Tort/Environmental - California Attorney General's Motion To Alter Glyphosate Warning Fails, Judge Says

SACRAMENTO, Calif. - A federal judge in California on June 12 denied a motion by the California attorney general that sought to amend a ruling issued by the court in February that enjoined the state of California from requiring companies to issue a warning regarding glyphosate (National Association of...

Mealey's Toxic Tort/Environmental - Monsanto: Supplemental Ruling Supports Summary Judgment In Roundup MDL

SAN FRANCISCO - Monsanto Co. filed a notice of supplemental authority in California federal court on June 12 that it contends supports its motion for summary judgment based on a failure of general causation proof in the multidistrict litigation for Roundup (In re: Roundup Products Liability Litigation...

Mealey's Toxic Tort/Environmental - Chevron: Court Should Deny Relief, Hold Lago Agrio Attorney In Contempt

NEW YORK - Chevron Corp. filed a brief in a New York federal court on June 14 contending that the district court should deny a motion for declaratory relief filed by Steven Donziger, the attorney who represented a group of Ecuadorian residents who won an $18.5 billion judgment against the company for...

Mealey's Toxic Tort/Environmental - Man: Asbestos Packaging Evidence Required Sending Failure-To-Warn Claim To Jury

WEST PALM BEACH, Fla. - A man's ability to recall an asbestos-containing brake box's design clearly indicates that he looked at the packaging and required sending failure-to-warn claims to a jury, a man tells a Florida appeals court in a June 14 reply brief (James W. Coates, et al. v. Honeywell...