LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - Judge Adopts Recommendation To Deny Dismissal Of Groups' Suit Over Discharges

MIAMI - A federal judge in Florida on Nov. 17 adopted a magistrate judge's recommendation to deny dismissal of a lawsuit brought by three environmental groups over discharges from a nuclear power plant's facility, holding that the groups have standing to bring their suit under the Clean Water...

Mealey's Toxic Tort/Environmental - Chicago Files Notice Of Intent To Sue U.S. Steel Over 2 Spills

CHICAGO - Chicago Mayor Rahm Manuel announced Nov. 20 that the city filed a notice of intent to sue U.S. Steel for contamination to drinking water as a result of two spills from the company's Portage, Ind., facility that reached Lake Michigan earlier this year.

Mealey's Toxic Tort/Environmental - Flint Water Crisis Defendants Want Manslaughter Charges Stricken From Complaint

DETROIT - Two employees of the Michigan Department of Environmental Quality (MDEQ) on Nov. 21 filed a brief in Michigan federal court arguing that the district court should strike allegations of involuntary manslaughter and order sanctions against the class of residents suing them in connection with...

Mealey's Toxic Tort/Environmental - Company: Oklahoma Courts Ignored Jurisdiction Precedent In $6M Asbestos Case

WASHINGTON, D.C. - A man awarded $6 million for his mesothelioma on Nov. 20 waived his right to respond to a drywall materials' U.S. Supreme Court petition seeking to vacate the verdict (Murco Wall Products Inc. v. Michael D. Galier, No. 17-733, U.S. Sup.).

Mealey's Toxic Tort/Environmental - Amici: Severe Departure From Delaware Asbestos Law In Case Against Manufacturers

WILMINGTON, Del. - A court erred "in the most fundamental sense" in applying the wrong standard and relieving manufacturers of liability for take-home asbestos exposures simply because they were more distant from the exposed individual than the premises owner, amici curiae tell Delaware's...

Mealey's Toxic Tort/Environmental - Company Can Present Evidence On Drainage From Mining Tailings, Judge Rules

ROANOKE, Va. - A plaintiff company seeking contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) from an adjacent property owner can present testimony from an expert about drainage from mining tailings on the defendant's property, a federal judge in...

Mealey's Toxic Tort/Environmental - City Sufficiently States Public Nuisance Claim For PCB Contamination, Judge Says

SAN DIEGO - The city of San Diego has standing to bring a nonrepresentative public nuisance claim against Monsanto Co. over polychlorinated biphenyl (PCB) contamination, a federal judge in California ruled Nov. 22, holding that the city sufficiently alleged that its municipal storm water system has been...

Mealey's Toxic Tort/Environmental - Action Arose At Asbestos Exposure, Before Statute Of Repose, Maryland Court Told

ANNAPOLIS, Md. - The state's statute of repose acts prospectively and does not cover exposures occurring before enactment, and its "improvement to real property" language cannot possibly be interpreted as covering the asbestos dust in a man's lungs, a woman told Maryland's top court...

Mealey's Toxic Tort/Environmental - Groups: Pipeline For Drinking Water 'Illegal'; Drinking Water Contains Carcinogens

LOS ANGELES - Two environmental advocacy groups on Nov. 28 sued the Trump administration in California federal court, alleging that it has illegally enabled a private company to construct a pipeline through a national monument and other public land, which will deplete a desert aquifer and harm human...

Mealey's Toxic Tort/Environmental - Companies Seek Rehearing Of Lead Paint Ruling, Say They Lacked Knowledge Of Harm

SAN FRANCISCO - Three companies that formerly made lead-based paint on Nov. 29 filed separate briefs in a California appeals court seeking rehearing of a ruling that reversed and remanded a $1.15 billion verdict against them but that also called for the trial court to recalculate the amount of the award...

Mealey's Toxic Tort/Environmental - Flint Water Crisis Defendant Says Case Against It Fails For Lack Of Jurisdiction

DETROIT - One of the defendants sued in connection with the lead-contaminated water crisis in Flint, Mich., on Dec. 1 filed a brief in Michigan federal court arguing that it should be dismissed from the lawsuit brought by a class of residents for lack of personal jurisdiction and for failure to state...

Mealey's Toxic Tort/Environmental - N.Y. Justice Rejects Power Company's Reargument Of Asbestos Indemnity Claim

NEW YORK - A power company's contracts with its contractors requires indemnification only after the establishment of liability, a New York justice held in denying reargument in an asbestos case in an opinion posted Nov. 30 (In re New York City Asbestos Litigation Michael Koulermos and Marian Koulermos...

Mealey's Toxic Tort/Environmental - Judge Dismisses 3 Companies From CERCLA Suit, Finds No Evidence Of Arranging

DAYTON, Ohio - A federal judge in Ohio on Nov. 30 awarded summary judgment to three defendant companies in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) lawsuit after finding that there was no sufficient evidence showing that they arranged for the disposal of hazardous...

Mealey's Toxic Tort/Environmental - N.J. Appeals Court Finds Agency Properly Issued Permit For Remediation Project

TRENTON, N.J. - The New Jersey Department of Environmental Protection (NJDEP) did not err when issuing a permit that allowed Princeton University to remediate a seven-acre site that was contaminated from previous pesticide use, a New Jersey appeals court ruled Dec. 1, finding that the notice provided...

Mealey's Toxic Tort/Environmental - Panel Denies Rehearing Sought By Companies In California Lead-Based Paint Lawsuit

SAN FRANCISCO - A California appellate panel on Dec. 6 denied a petition for rehearing filed by former makers of lead-based paint that contended that the panel previously "misstated and omitted material facts" when it found that there was "substantial evidence" that the companies...

Mealey's Toxic Tort/Environmental - Talc Plaintiff: Asbestos Case Survives Exclusion Of Experts

PHILADELPHIA - The exclusion of two experts did little to change the state of a case as two other experts hold the same opinions regarding asbestos-contaminated talc's role in causing mesothelioma, a woman told a Pennsylvania judge on Dec. 4 (Sally Brandt, et al. v. The Bon-Ton Stores Inc., et al...

Mealey's Toxic Tort/Environmental - Man Says Asbestos Law Doesn't Require Medical Opinion On 'Smoker' Status

COLUMBUS, Ohio - Requiring every asbestos lung cancer plaintiff who ever smoked tobacco to provide a medical expert opinion that the person doesn't qualify as a "smoker" would produce absurd results, burden nonsmokers and is at odds with a decade of precedent and the law's intent, a...

Mealey's Toxic Tort/Environmental - Court: Company Must Produce Evidence It Proffered For Asbestos Plaintiff's Review

SPRINGFIELD, Ill. - A judge properly ordered a boiler company to produce more than 5,000 index cards after the company voluntarily permitted inspection by an asbestos plaintiff, an Illinois appeals court held Dec. 5 (Larry Salvatore Sr., et al. v. Cleaver-Brooks, et al., No. 4-17-0173, Ill. App., 4th...

Mealey's Toxic Tort/Environmental - Engle Progeny Plaintiff Files Notice Of Appeal Following Defense Verdict

WEST PALM BEACH, Fla. - Following a defense verdict in an Engle progeny trial, a woman who sued on behalf of her deceased husband filed a notice of appeal with Florida's Fourth Appellate District Court on Dec. 4, saying the trial court erred in denying her motion for a new trial (Doris E. Shadd v...

Mealey's Toxic Tort/Environmental - 1st Circuit: Company Could Not Foresee Risk Of PCB-Containing Caulk

BOSTON - Pharmacia Corp. could not have foreseen that an additive it manufactured containing polychlorinated biphenyl (PCB) that was used in caulk would have posed a risk to human health at the time the product was used in a Massachusetts middle school in 1969, a First Circuit U.S. Court of Appeals panel...

Mealey's Toxic Tort/Environmental - Judge Gives Group Limited Access To EPA Documents About PCB Contamination

WASHINGTON, D.C. - A nonprofit group on Dec. 11 was given full access to four U.S. Environmental Protection Agency documents and limited information in two agency documents regarding suspected polychlorinated biphenyl (PCB) contamination at the Santa Monica Malibu Unified School District (SMMUSD) by...

Mealey's Toxic Tort/Environmental - Flint Water Crisis Defendants: 'Preservation Subpoenas' Should Be Denied

DETROIT - Engineering consultants who have been named as defendants in the lead-contaminated water crisis in Flint, Mich., on Dec. 12 filed a brief in Michigan federal court, arguing that the plaintiffs' request for "preservation subpoenas" to preserve evidence should be denied (In re Flint...

Mealey's Toxic Tort/Environmental - Defendant In Flint Water Case: Safe Drinking Water Is Not A Right, Claims Fail

DETROIT - One of the defendants in the lawsuit brought by residents of Flint, Mich., alleging injuries from exposure to lead-contaminated drinking water on Dec. 8 filed a brief opposing the plaintiffs' amended complaint on grounds that there is no constitutional right to safe drinking water and she...

Mealey's Toxic Tort/Environmental - Group's Presuit Notification Was Sufficient In Suit Over Discharges, Judge Rules

SAN DIEGO - A federal judge in California on Dec. 8 refused to dismiss an environmental group's Clean Water Act lawsuit against the operator of a salvage yard, finding that the group's presuit notification was sufficient and that it adequately alleged that the defendant is failing to comply with...

Mealey's Toxic Tort/Environmental - Texas Court Won't Reconsider $18.6M Verdict, Radiation-Asbestos Causation Issue

DALLAS - A Texas appeals court on Dec. 12 declined to once again wade into a dispute over whether a company preserved the right to appeal a ruling on the role radiation may have played in a man's lung cancer and the resulting $18.6 million asbestos verdict (The Goodyear Tire & Rubber Co. v. Vicki...