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Mealey's Toxic Tort/Environmental - Bankruptcy Asset Sale Bars Take-Home Asbestos Case, Court Says

PHILADELPHIA - A "free and clear" sale of assets in a bankruptcy court auction precludes holding the purchaser liable for pre-purchase take-home asbestos exposures, a Pennsylvania appeals court held Jan. 26 (Jacqueline S. Wagner and Thomas H. Wagner v. Standard Steel LLC, et al., No. 850 EDA...

Mealey's Toxic Tort/Environmental - Monsanto: Port Of Portland PCB Lawsuit Based On 'Insufficient Facts'

PORTLAND, Ore. - Monsanto Co. and two of its affiliates on Jan. 27 filed a brief in Oregon federal court contending that a district court should dismiss the Port of Portland's lawsuit alleging groundwater contamination from polychlorinated biphenyls (PCBs) on grounds that the allegations are barred...

Mealey's Toxic Tort/Environmental - Residents Seek $722.4 Million In Damages From EPA For Flint, Mich., Water Crisis

DETROIT - A group of Flint, Mich., residents on Jan. 30 filed a lawsuit against the U.S. government, seeking $722.4 million for the Environmental Protection Agency's alleged mishandling of the lead-contaminated water crisis in Flint (Jan Burgess, et al. v. United States of America, No. 17-10291,...

Mealey's Toxic Tort/Environmental - Louisiana Couple Says Monsanto Fraudulently Concealed Danger Related To Glyphosate

NEW ORLEANS - A Louisiana couple on Jan 31 filed a lawsuit against Monsanto Co. in Louisiana federal court, contending that the company's negligence and fraud led to the wife's exposure to glyphosate, the active ingredient in Roundup herbicide, and caused her to develop cancer (Bennierita Smith...

Mealey's Toxic Tort/Environmental - Joinder Of Montana In Asbestos Action, Remand, Proper, Judge Says

BILLINGS, Mont. - Allegations that the state of Montana declined to act after its investigation discovered asbestos contamination at the Libby, Mont., are sufficient to keep it in a case and defeats diversity, a federal judge in Montana held Jan. 30 in adopting a magistrate judge's recommendation...

Mealey's Toxic Tort/Environmental - 7th Circuit: Indiana Law On E-Cigarette Manufacturing Is Unconstitutional

CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Jan. 30 found that an Indiana law that regulates the manufacturing and distribution of vapor pens and liquids used in e-cigarettes violates the dormant commerce clause of the U.S. Constitution, reversing a grant of summary judgment to the state...

Mealey's Toxic Tort/Environmental - 7th Circuit Says It Lacks Jurisdiction Over Appeals Of Discovery Rulings

CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Jan. 31 denied appeals from a company in a suit brought under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), finding that it lacked jurisdiction to review three rulings on motions seeking discovery from a...

Mealey's Toxic Tort/Environmental - Judge Orders New Deposition, Imposes Fees And Costs In Asbestos Witness Dispute

NEW ORLEANS - Producing an unprepared corporate witness who failed to answer almost 100 noticed matters despite months of preparation time was akin to offering no witness at all, a federal judge in Louisiana held Jan. 31 in ordering a new deposition and imposing costs and fees (Martha Denmon Storer,...

Mealey's Toxic Tort/Environmental - New Jersey Governor, School: Case Alleging Lead-Tainted Drinking Water Fails

TRENTON, N.J. - New Jersey Gov. Chris Christie, members of his administration and the State-Operated School District of the City of Newark, N.J., on Jan. 30 filed two briefs in New Jersey federal court arguing that the lawsuit brought by residents who contend that the state and the school district are...

Mealey's Toxic Tort/Environmental - DuPont: C8 Lawsuit Should Be Dismissed With Prejudice; Claims Are Barred

COLUMBUS, Ohio - E.I. du Pont de Nemours and Co. on Feb. 1 answered a complaint filed in the perfluorooctanoic acid (known as C8) injury multidistrict litigation, arguing that the case should be dismissed with prejudice in its entirety on grounds that the claims are barred because the plaintiff assumed...

Mealey's Toxic Tort/Environmental - 4 More Cancer Cases Against Monsanto Transferred To Roundup MDL

WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation on Jan. 31 issued a conditional transfer order sending four glyphosate injury cases to the multidistrict litigation in the U.S. District Court for the Northern District of California, adding still more cases in which the plaintiffs allege...

Mealey's Toxic Tort/Environmental - Judge Dismisses Flint Water Case, Says Federal Notice Requirement Not Met

DETROIT - A federal judge in Michigan on Feb. 7 dismissed a lawsuit against the state of Michigan, its governor, various state employees and the city of Flint, Mich., for the lead-contaminated water crisis on grounds that the plaintiffs failed to comply with the notice requirements of a federal law pertaining...

Mealey's Toxic Tort/Environmental - Florida Jury Finds For Tobacco Company In Tobacco Suit

SEBRING, Fla. - A Florida state jury on Feb. 8 rendered a verdict in favor of R.J. Reynolds Tobacco Co. in an Engle progeny trial after it found that a woman who was addicted to cigarettes knew or should have known that she had chronic obstructive pulmonary disease (COPD) by the Engle claim cutoff date...

Mealey's Toxic Tort/Environmental - 5th Circuit: Auto Parts Stores Were Not Tourism Businesses For Settlement Purposes

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel ruled Feb. 9 that a federal judge in Louisiana did not err when refusing to review the denial of five auto parts stores' requests for compensation under the Deepwater Horizon Economic and Property Damages Settlement, holding that the Court...

Mealey's Toxic Tort/Environmental - Dearth Of Causation Evidence Dooms Most Of Widow's Claims, Magistrate Says

WILMINGTON, Del. - A widow's failure to establish a genuine issue of material fact as to whether her late husband was exposed to the asbestos products of three defendant companies is fatal to all but one of her claims against the companies, a Delaware federal magistrate judge ruled Feb. 8 in recommending...

Mealey's Toxic Tort/Environmental - Federal Judge Remands Cigarette False Advertising Suit To D.C. Superior Court

WASHINGTON, D.C. - A federal judge in the District of Columbia on Feb. 8 remanded a false advertising suit against Santa Fe Natural Tobacco Co. Inc. to a lower court after finding that it would be improper to consider the future brand value of its Natural American Spirit cigarettes when determining the...

Mealey's Toxic Tort/Environmental - Judge: Monsanto's Claim For Recovery Of Costs Related To PCB Contamination Fails

SPOKANE, Wash. - A federal judge in Washington on Feb. 14 dismissed a counterclaim brought by Monsanto Co. and its affiliates against the city of Spokane, ruling that the company failed to state a claim for recovering costs from the city for remediating its groundwater, which is contaminated with polychlorinated...

Mealey's Toxic Tort/Environmental - Judge: Jury Should Decide If Asbestos Was Specified By Accused Company

COLUMBIA, S.C. - A federal judge in South Carolina on Feb. 13 denied a valve company's motion for summary judgment, holding that it must be left to a jury to decide whether the company specified the use of asbestos in its valves and whether that asbestos was a substantial cause of a former naval...

Mealey's Toxic Tort/Environmental - Judge Finds Proposed Class Has Standing To Sue Over Defeat Devices

BAY CITY, Mich. - A federal judge in Michigan on Feb. 14 granted in part and denied in part a motion to dismiss a class action lawsuit of purchasers of 2015 Chevrolet Cruze diesel vehicles that contained a defeat device designed to cheat emissions tests, finding that the plaintiffs had standing and that...

Mealey's Toxic Tort/Environmental - Arizona High Court Considers Asbestos Take-Home Exposure Case

PHOENIX - The Arizona Supreme Court on Feb. 14 agreed to hear a woman's case claiming that state law imposes liability for take-home asbestos exposures, according to the court's docket (Mary Quiroz, et al. v. Alcoa Inc., et al., No. 16-0248, Ariz. Sup.; 2016 AZ S. Ct. Briefs LEXIS 221).

Mealey's Toxic Tort/Environmental - Flint Water Crisis Defendants: Court Should Consider Rulings From Other Courts

GRAND RAPIDS, Mich. - Some of the defendants sued by residents of Flint, Mich., in connection with that city's lead-contaminated drinking water crisis on Feb. 15 filed a brief in Michigan federal court contending that the court should consider decisions issued in other cases pertaining to the Flint...

Mealey's Toxic Tort/Environmental - Florida Jury Awards $5.4 Million To Family In Engle Progeny Suit

ST. PETERSBURG, Fla. - A Florida jury on Feb. 14 awarded a total of $5.4 million to a family after finding that two tobacco companies were responsible for a woman's addiction to cigarettes, which led to her lung cancer and death (John Brown v. Philip Morris USA Inc., et al., No. 15-002451-CI, Fla...

Mealey's Toxic Tort/Environmental - Judge In C8 Injury MDL Vacates Orders In Light Of Global Resolution Of Claims

COLUMBUS, Ohio - The federal judge in Ohio presiding over the multidistrict litigation against E.I. du Pont de Nemours and Co. for alleged injuries connected to exposure to perfluorooctanoic acid (known as C8) on Feb. 14 issued an order vacating all current scheduling orders because the parties have...

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

WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation on Feb. 15 transferred to the multidistrict litigation in the U.S. District Court for the Northern District of California the case of a man who contends that his exposure to glyphosate, the active ingredient in the herbicide Roundup, caused...

Mealey's Toxic Tort/Environmental - Judge Finds Property Owner Can Pursue Cost-Recovery Claims, But Not Nuisance

DAYTON, Ohio - A federal judge in Ohio on Feb. 15 ruled that Garrett Day LLC and the Ohio Development Services Agency (DSA) can pursue claims for cost recovery under Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Ohio Volunteer Action Program...