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Mealey's Toxic Tort/Environmental - Court Reverses Judgment In Asbestos Case Against 3 Scientific Products Companies

ALBANY, N.Y. - Three scientific equipment suppliers simply attempt to poke holes in a woman's evidence and do not eliminate the possibility that they supplied asbestos-containing products to her employer, a New York appeals court held in reversing summary judgment June 6 (Eileen A. O'Connor,...

Mealey's Toxic Tort/Environmental - Judge Won't Stay Remand While Shipyard Appeals Causal Nexus Ruling

NEW ORLEANS - A federal judge in Louisiana on July 6 declined to stay the remand of an asbestos case over a shipyard defendant's complaint about the "patently erroneous" remand order (Stephen R. Legendre, et al. v. Huntington Ingalls Inc., et al., No. 17-02162, E.D. La., 2017 U.S. Dist...

Mealey's Toxic Tort/Environmental - Florida Jury Returns $6,785,000 Verdict In Mesothelioma Case

FORT LAUDERDALE, Fla. - A Florida jury on July 6 awarded a mesothelioma victim's widow $6,785,000 and found lone remaining defendant John Crane Inc. 75 percent liable for the maintenance worker's injuries (Joyce Moore, et al. v. John Crane Inc., No. 13-011729 [27], Fla. Cir., Broward Co.).

Mealey's Toxic Tort/Environmental - Judge Dismisses Monsanto's Amended Counterclaims Seeking Cost Recovery

SPOKANE, Wash. - A federal judge in Washington on July 10 dismissed amended counterclaims asserted by Monsanto Co., Pharmacia Corp. and Solutia Inc. (collectively, Monsanto) seeking cost recovery from the city of Spokane for polychlorinated biphenyl (PCB) contamination in the Spokane River, finding that...

Mealey's Toxic Tort/Environmental - D.C. Circuit Trims EPA Rule Regulating Sham Recycling

WASHINGTON, D.C. - A 2-1 panel of the District of Columbia Circuit U.S. Court of Appeals on July 7 struck portions of a 2015 rule implemented by the U.S. Environmental Protection Agency designed to cut down on "sham recycling," a tactic some companies claim to use to say that materials actually...

Mealey's Toxic Tort/Environmental - Florida High Court Will Review Asbestos Causation Experts, Resulting $8M Award

TALLAHASSEE, Fla. - The Florida Supreme Court agreed to decide the proper standard for admitting expert causation testimony in the state when on July 11 it accepted a case that originally resulted in an $8 million asbestos award against tobacco and gaskets companies (Richard DeLisle v. Crane Co., et...

Mealey's Toxic Tort/Environmental - Judge Dismisses Property Management Companies' CWA Claims Against City

NEW HAVEN, Conn. - Three companies that own, lease and manage properties on Crown Street in New Haven, Conn., cannot pursue claims that the New Haven Regional Water Pollution Control Authority (RWPCA) and the city of New Haven violated the Clean Water Act (CWA), a federal judge in Connecticut ruled July...

Mealey's Toxic Tort/Environmental - Court: Res Judicata Bars Wrongful Death Consortium Claim

LOS ANGELES - A couple's previous asbestos action bars a widow's wrongful death action seeking loss of consortium, a California appeals court held July 11 while also concluding that the judge below properly offset an economic award for funeral and burial expenses with proceeds from settlements...

Mealey's Toxic Tort/Environmental - 2nd Circuit Vacates Sheldon Silver's Conviction In Mesothelioma Referral Case

NEW YORK - A judge improperly instructed the jury that convicted former Speaker of the New York Assembly Sheldon Silver on the scope of conduct falling within honest services fraud and extortion charges under recent U.S. Supreme Court precedent, the Second Circuit U.S. Court of Appeals held July 13 in...

Mealey's Toxic Tort/Environmental - 2nd Circuit Denies Companies' Motion For Rehearing In MTBE Litigation

NEW YORK - A Second Circuit U.S. Court of Appeals panel on July 11 denied a motion filed by oil companies seeking a rehearing regarding a June 12 ruling in which the appeals court reversed a summary judgment ruling in favor of the companies on the ground that a lawsuit brought by the Orange County Water...

Mealey's Toxic Tort/Environmental - Florida Appeals Panel Upholds $14 Million Tobacco Verdict

LAKELAND, Fla. - A panel of the Florida Second District Court of Appeal on July 14 affirmed a $14 million verdict in an Engle progeny suit without explanation and certified a conflict with another suit over comparative fault (R.J. Reynolds Tobacco Co., et al. v. Ina E. Ahrens, No. 2D16-1651, Fla. App...

Mealey's Toxic Tort/Environmental - Replacement Parts Case Against Boiler Maker Proceeds, Judge Says

WILMINGTON, Del. - A man's allegations that he was personally responsible for ordering replacement parts for work on a boiler helps support his claims that he suffered exposure to asbestos from the work, a Delaware judge held July 12 (Clarence Dionne v. ABB Inc., et al., No. N14C-11-062 ASB, Del...

Mealey's Toxic Tort/Environmental - Plaintiff, Amici: Cumulative Asbestos Exposure Opinion Isn't Remarkable

CLEVELAND - Household exposures from brake jobs meet the frequency, regularity and proximity test for asbestos cases in Ohio, and nothing in an expert's testimony regarding the scientific fact that individual exposures contribute to the total cumulative dose invokes the "every exposure"...

Mealey's Toxic Tort/Environmental - 9th Circuit Refuses To Force EPA To Revoke Food Tolerance For Chlorpyifos

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on July 18 denied a motion for writ of mandamus sought by two environmental groups that want the U.S. Environmental Protection Agency to revoke all food tolerances for, and cancel the registration of, a pesticide chlorpyifos (In re: Pesticide Action...

Mealey's Toxic Tort/Environmental - Flint Water Defendants: Motion To Certify Appeal As 'Frivolous' Should Be Stricken

DETROIT - A group of defendants affiliated with the city of Flint, Mich., on July 18 filed a brief in Michigan federal court contending that a motion to certify their appeal of a district court ruling as "frivolous," which was filed by city residents in a lead-contaminated drinking water lawsuit...

Mealey's Toxic Tort/Environmental - Court Orders EPA To Explain Use Of Surrogates For Emissions Standards

WASHINGTON, D.C. - The District of Columbia U.S. Circuit Court of Appeals on July 18 ordered the U.S. Environmental Protection Agency to explain to two environmental groups why the agency relied on surrogates to determine maximum achievable control technology (MACT) standards for emissions of three hazardous...

Mealey's Toxic Tort/Environmental - 5th Circuit: Business Owners Cannot Seek Lost Wages Under BP Settlement

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on July 19 affirmed a federal judge's ruling to uphold an appeal denying individual economic loss (IEL) claims submitted by three corporate officers of an architectural firm to the Court Supervised Settlement Program (CSSP) for the Deepwater...

Mealey's Toxic Tort/Environmental - Judge: Cumulative Exposure, 'Every Exposure' Theories Are Equally Inadmissible

BALTIMORE - Expert testimony that asbestos "cumulates" in the body and leads to disease is indistinguishable from the theory that every exposure to asbestos leads to disease and is inadmissible under federal rules and Daubert v. Merrell Dow Pharm., Inc., a federal judge in Maryland held July...

Mealey's Toxic Tort/Environmental - Judge: Court, Not Jury Will Decide Penalty For Violating Clean Air Act

PEORIA, Ill. - A federal judge in Illinois on July 18 denied a request by defendant companies seeking to have a jury decide if they should pay a civil penalty for violating the Clean Air Act (CAA), finding that the statute specifically states that the court will assess what penalty should be imposed...

Mealey's Toxic Tort/Environmental - New York Justice Denies Stay While Defendants Appeal New Asbestos CMO

NEW YORK - The justice recently appointed to oversee the New York City asbestos litigation (NYCAL) said July 18 that he would not stay implementation of the case management order (CMO) issued by the previous coordinating justice while the defendants appeal, sources told Mealey Publications (In re: New...

Mealey's Toxic Tort/Environmental - Court Allows Widow To Add Claims To Suit Over Missing Asbestos Payment

NEW YORK - A widow may add claims for declaratory judgment and tortious interference with contract to her case claiming that insurers and an administrator are intentionally delaying or denying payment on a more than $7 million asbestos verdict, a New York justice held in an opinion posted July 18 (Ruby...

Mealey's Toxic Tort/Environmental - New York Appellate Court Stays Most Of New Asbestos CMO

NEW YORK - A New York appellate court on July 20 stayed implementation of all but the hotly contested punitive damages provision of the recent New York City asbestos litigation (NYCAL) case management order (CMO) while it considers defendants' challenges (In re: New York City Asbestos Litigation...

Mealey's Toxic Tort/Environmental - 24 Arizona Residents Sue Monsanto, Allege They Got Cancer From Glyphosate

PHOENIX - An Arizona man filed a complaint in the U.S. District Court for the District of Arizona on July 19 against Monsanto Co., alleging that its herbicide Roundup, which contains the chemical glyphosate, caused him to develop cancer. The case is one of 24 cancer cases filed by the same attorney against...

Mealey's Toxic Tort/Environmental - Florida Jury Awards $1.6 Million To Plaintiff In Retrial Of Engle Progeny Lawsuit

FORT MYERS, Fla. - In a retrial of an Engle progeny suit, a Florida jury on July 18 found that a woman's lung cancer and death were caused by her addiction to cigarettes and R.J. Reynolds Tobacco Co.'s failure to warn her about the dangers of smoking and awarded her husband $1.65 million (John...

Mealey's Toxic Tort/Environmental - Parties Settle Asbestos Action After Judge Admits Industrial Hygienist

BALTIMORE - A couple on July 19 settled with the two remaining defendants whose conduct allegedly caused exposure to asbestos, just two days after a judge denied a motion to exclude expert testimony from the defendant's industrial hygienist (Charles Lemuel Arbogast Jr., et al. v. A.W. Chesterton...