LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - Judge: Flint, Mich., Residents' Case May Proceed Against City, Other Defendants

DETROIT - A federal judge in Michigan on June 5 ruled that a group of Flint, Mich., residents who sued the city of Flint and the State of Michigan for damages related to the lead-contaminated water crisis in the city could proceed with their claims for violation of bodily integrity against the city,...

Mealey's Toxic Tort/Environmental - Environmental Asbestos Exposure Claims Fail; Patent Claims Frivolous, Court Says

MADISON, Wis. - Environmental asbestos exposure claims appear to simply be an attempt at avoiding the exclusivity provision of the state's workers' compensation law, while claims involving the licensing of a patent appear entirely frivolous and must be explained, the Seventh Circuit U.S. Court...

Mealey's Toxic Tort/Environmental - Court Finds Employer Had Duty To Prevent Take-Home Asbestos Exposures

LOS ANGELES - Employers and premises owners are liable for foreseeable take-home asbestos exposures under recent California Supreme Court precedent, a state appeals court held June 5 in reversing its previous ruling (Wanda L. Beckering v. Shell Oil Co., No. B256407, Calif. App., 2nd Dist., Div. 3).

Mealey's Toxic Tort/Environmental - Court: Asbestos Sales For Pipe Sold In Washington Don't Create Jurisdiction

SEATTLE - A broker's sales of asbestos to a California company selling pipe in Washington state do not create specific jurisdiction, but on remand the trial court should consider recently revealed evidence and precedent in deciding that the state had jurisdiction, a majority of the Washington State...

Mealey's Toxic Tort/Environmental - Court: Questions Remain Over Ship Owner's Transfer Of Asbestos Liabilities

PORTLAND, Ore. - Liability is a nebulous term, and absent an actual document demonstrating that a ship owner transferred all liabilities to a subsidiary, genuine issues exist about who is responsible for a man's exposure to asbestos, an Oregon court held June 8 (Clifton J. Williams Sr., et al. v...

Mealey's Toxic Tort/Environmental - Court Affirms Denial Of Motion To Seal Confidential Asbestos Memo

LOS ANGELES - A company's failure to try to contain a memo containing confidential attorney-client advice for more than three years, even as it went "viral" in asbestos litigation, warrants denying a motion to seal, a California appeals court held June 8 (Elaine Margie Paulus, et al. v...

Mealey's Toxic Tort/Environmental - Top Court Won't Review Reversed Asbestos Verdict Against Cruise Line

WASHINGTON, D.C. - The U.S. Supreme Court on June 12 declined to wade into a dispute over the proper causation standard in a Jones Act case involving allegations of asbestos exposure aboard a cruise line (Giovanna Settimi Caraffa, et al. v. Carnival Cruise Lines, No. 16-1074, U.S. Sup.).

Mealey's Toxic Tort/Environmental - Panel Reverses, Remands MTBE Case; Requirements Of Res Judicata Not Met

NEW YORK - A panel of the Second Circuit U.S. Court of Appeals on June 12 vacated and remanded a summary judgment ruling in a groundwater contamination lawsuit brought by a California water district against oil and gasoline companies on grounds that a district court's res judicata ruling was not...

Mealey's Toxic Tort/Environmental - Judge: Limestone Seller Is Not Corporate Successor To Mining Company

ROANOKE, Va. - A federal judge in Virginia on June 9 awarded partial summary judgment to a limestone seller after finding that it is not a corporate successor to a mining company under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (Dixon Lumber Company v. Austinville...

Mealey's Toxic Tort/Environmental - Attorney General Charges 5 Officials With Manslaughter For Flint Water Crisis

LANSING, Mich. - Michigan Attorney General Bill Schuette on June 14 charged Michigan Department of Health and Human Services (HHS) Director Nick Lyon and four other state and local officials with involuntary manslaughter in connection with their failure to act in response to the water crisis in Flint...

Mealey's Toxic Tort/Environmental - Jurors Disagrees On Compensatory Damages In Engle Progeny Suit

GAINESVILLE, Fla. - A Florida judge on June 15 declared a mistrial in an Engle progeny suit after the jury deadlocked on compensatory damages and attorneys for Philip Morris USA Inc. argued that there cannot be a compromise verdict (Jo Freeman v. Philip Morris USA Inc., No. 2015CA003930, Fla., 8th Jud...

Mealey's Toxic Tort/Environmental - U.S. Supreme Court Refuses To Hear Lago Agrio $18.5 Billion Fraud Case

WASHINGTON, D.C. - The U.S. Supreme Court on June 19 refused to hear the appeal of a group of Ecuadorian residents and their attorney, who challenged a fraud ruling with regard to an $18.5 billion judgment they previously won against Chevron Corp. for injuries they had alleged were caused by the company's...

Mealey's Toxic Tort/Environmental - New York Court Agrees: 'Systemic Failure' Waived Asbestos Memo's Protections

NEW YORK - A company waived privilege over a redacted attorney-client memo providing advice involving the asbestos-cement pipe business due to its repeated disclosure concessions, but the company's more strenuous efforts regarding an unredacted version keeps it privileged, a New York appeals court...

Mealey's Toxic Tort/Environmental - Ohio Top Court Urged To Reject Expert's Cumulative Exposure Testimony

CLEVELAND - Expert testimony attributing a man's mesothelioma to cumulative exposure to asbestos in automobile brakes simply dresses up the theory that every exposure leads to disease in new clothing and is inadmissible under Ohio law, a manufacturer and its amici curiae told the state's highest...

Mealey's Toxic Tort/Environmental - Judge Dismisses Group's Suit Over Company's Storm Water Discharges

BOSTON - An environmental group's Clean Water Act (CWA) lawsuit against a company that crushes brick, concrete and asphalt for construction projects was dismissed by a federal judge in Massachusetts on June 16 after he found that the group failed to allege how the company was illegally discharging...

Mealey's Toxic Tort/Environmental - Texas Court Denies Review In Asbestos Case Involving 9-Year Settlement Delay

AUSTIN, Texas - The Texas Supreme Court on June 16 declined to wade into whether a nine-year delay in accepting the terms of settlement resolving asbestos claims was appropriate under the terms of the agreement or constituted unreasonable delay (Union Carbide Corp. v. Perry Jones, Rosemary Allegria,...

Mealey's Toxic Tort/Environmental - Monsanto Denies Glyphosate Exposure Could Have Caused Man's Cancer

SAN FRANCISCO - Monsanto Co. on June 16 filed its answer to one of the complaints in the multidistrict litigation for Roundup products, in which it denied that exposure to its product, which contains glyphosate, could have caused the plaintiff's alleged non-Hodgkin lymphoma (NHL) (In re: Roundup...

Mealey's Toxic Tort/Environmental - Judge Denies Man's Motion For New Trial Over Oil Discharges From Boat

SEATTLE - A federal judge in Washington on June 19 denied a man's request for a new trial over his alleged violation of the Clean Water Act (CWA), finding that the prosecution did not engage in misconduct during closing arguments and that the evidence supported the jury's verdict (United States...

Mealey's Toxic Tort/Environmental - Judge: Successor To Operator Of Zinc Smelter Can Face CERCLA Liability

TULSA, Okla. - A federal judge in Oklahoma on June 20 ruled that the successors to the owner of a former zinc smelting facility can face liability under the Comprehensive Environmental Response, Compensation, and Liability Act for fugitive air emissions that resulted in contamination at a nearby town...

Mealey's Toxic Tort/Environmental - States Seek To Intervene To Override EPA Stay Of Methane Emissions Rule

WASHINGTON, D.C. - The attorneys general for 14 states and the attorney for the city of Chicago on June 20 moved in the District of Columbia Circuit U.S. Court of Appeals to intervene in a lawsuit brought by environmental advocacy groups against the U.S. Environmental Protection Agency in connection...

Mealey's Toxic Tort/Environmental - Home Builder Agrees To Pay Penalty, Obtain Permits For Storm Water Discharges

NEWARK, N.J. - NVR Inc., doing business as Ryan Homes, on June 15 agreed to pay a $425,000 civil penalty and agreed to obtain National Pollutant Discharge Elimination System (NPDES) permits to resolve allegations from the federal government that the home builder was violating the Clean Water Act (United...

Mealey's Toxic Tort/Environmental - Judge Finds Negligent Failure-To-Warn Asbestos Claim Outside Scope Of Removal

NEW ORLEANS - Asbestos plaintiffs' claims that a shipyard negligently failed to warn about the dangers of asbestos on its premises do not create a colorable defense or causal nexus required for removal, a federal judge in Louisiana held June 19. The shipyard filed a notice of appeal on June 20 (Victor...

Mealey's Toxic Tort/Environmental - 5th Circuit Denies BP's Request For En Banc Review Of Methodologies

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on June 21 denied BP Exploration & Production Inc.'s request for en banc review of a May 23 ruling that four Industry Specific Methodologies (ISMs) for calculating claimant compensation under the Court Supervised Settlement Program for...

Mealey's Toxic Tort/Environmental - EPA Inspector General's Office Says It Will Begin Research On Methane Emissions

WASHINGTON, D.C. - The Office of the Inspector General (OIG) for the U.S. Environmental Protection Agency on June 21 issued a memorandum indicating that it plans to begin preliminary research to assess how the EPA estimates methane emissions from the oil and natural gas production industry.

Mealey's Toxic Tort/Environmental - Judge Finds Deposition Starts 'Other Paper' Removal Clock

BATON ROUGE, La. - Deposition testimony and not the transcript itself triggers the "other paper" removal clock, a federal judge in Louisiana held June 21 in remanding an asbestos action (Curtis D. Morgan v. Dow Chemical Co., et al., No. 17-269, M.D. La., 2017 U.S. Dist. LEXIS 95308).