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Mealey's Toxic Tort/Environmental - North Dakota: EPA Documents Call For Change In Cases Pertaining To Waste Disposal

WASHINGTON, D.C. - The state of North Dakota on Oct. 26 filed a notice of supplemental authority in District of Columbia federal court contending that Environmental Protection Agency Administrator Scott Pruitt has issued documents that "represent a significant change" regarding litigation pertaining...

Mealey's Toxic Tort/Environmental - California Jury Finds For Adhesives Company In Asbestos Trial

LOS ANGELES - A California jury on Oct. 27 rejected claims that asbestos in a company's aerospace adhesives caused a woman's fatal mesothelioma, returning a defense verdict for Dexter Hysol Aerospace, sources told Mealey Publications (Velma Searcy v. 3M Co., et al., No. BC612205, Calif. Super...

Mealey's Toxic Tort/Environmental - Amended Complaint In Flint Water Crisis Seeks Unnamed Amount Of Punitive Damages

DETROIT - A class of plaintiffs who sued Michigan Gov. Rick Snyder, members of his administration, state environmental workers, and other parties associated with the lead-contaminated water crisis in Flint, Mich., on Oct. 27 filed an amended complaint in Michigan federal court seeking an unspecified...

Mealey's Toxic Tort/Environmental - Glyphosate Exposure Causes Non-Hodgkin Lymphoma, Plaintiffs Say

SAN FRANCISCO - The plaintiffs in the multidistrict litigation for the herbicide Roundup on Oct. 27 filed a brief in California federal court, contending that there is "overwhelming evidence - whether it be the epidemiology, toxicology, or mechanistic data - that exposure to glyphosate-based formulations...

Mealey's Toxic Tort/Environmental - Georgia Appeals Court Finds Agreement Does Not Provide Indemnity For Negligence

ATLANTA - A Georgia appeals panel on Oct. 31 reversed a trial judge's ruling that the predecessors of a company that sold a contaminated site to U.S. Steel Corp. in 1968 should be required to provide indemnification for remediation costs that resulted from U.S. Steel's negligence, finding that...

Mealey's Toxic Tort/Environmental - Argentine Judge Refuses To Recognize Ecuadorian Award In Lago Agrio Case

BUENOS AIRES, Argentina - A judge in Argentina on Oct. 31 rejected and refused to recognize a $9.5 billion judgment against Chevron Corp. for remediation damages, which was handed down in an Ecuadorian court in a case brought by an attorney representing a group of residents who contend that the company...

Mealey's Toxic Tort/Environmental - Judge Finds Mining Company Did Not Arrange For Disposal Of Mining Tailings

ROANOKE, Va. - A lumber company's attempt to recover response costs from a mining company that allegedly disposed of limestone mining tailings that contain arsenic and lead was dismissed by a federal judge in Virginia on Oct. 31 after she found that the defendant company was not subject to arranger...

Mealey's Toxic Tort/Environmental - 9th Circuit: Group Can Pursue RCRA Claim Over Storm Water Discharges

SAN FRANCISCO - The Resource Conservation and Recovery Act's (RCRA) anti-duplication provision does not preclude the statute's application to discharges of storm water from an energy company that also allegedly violate the Clean Water Act (CWA), a Ninth Circuit U.S. Court of Appeals panel ruled...

Mealey's Toxic Tort/Environmental - Class Wants Crime-Fraud Exception In Asbestos-Talc Evidence Destruction Case

NEWARK, N.J. - The attorney-client privilege should not protect evidence in a case alleging defendants spent decades fraudulently concealing the existence of asbestos in talc, plaintiffs told a federal judge in New Jersey on Nov. 2 (Kimberlee Williams, et al. v. BASF Catalysts LLC., et al., No. 11-1754...

Mealey's Toxic Tort/Environmental - Company: Lead Injury Case Should Be Dismissed; Plaintiff Did Not Mitigate Damages

MILWAUKEE - American Cyanamid Co., which is one of the companies being sued by plaintiffs who contend that they are liable for lead-paint poisoning, on Nov. 3 filed a brief in Wisconsin federal court responding to one of the plaintiffs' statement of facts and arguing that the claims "are barred...

Mealey's Toxic Tort/Environmental - Judge Dismisses Group's Clean Water Act Claim Over Permitting For Discharges

LOS ANGELES - A federal judge in California on Nov. 2 granted in part a motion to dismiss filed by the U.S. Environmental Protection Agency, ruling that three environmental groups cannot claim that the agency failed to follow a nondiscretionary duty under the Clean Water Act (CWA) to require a National...

Mealey's Toxic Tort/Environmental - 5th Circuit Finds Barge Company Owes Government $20M For Spill Cleanup

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Nov. 7 affirmed a federal judge in Louisiana's ruling requiring a commercial barge company to reimburse the government for $20 million in cleanup costs it incurred following a July 2008 oil spill that occurred in the Mississippi River,...

Mealey's Toxic Tort/Environmental - Asbestos Law Mandates Medical Expert Weigh In On 'Smoker' Status, Company Says

COLUMBUS, Ohio - The law clearly requires those bringing asbestos-related lung cancer claims to submit a medical expert's opinion regarding whether the plaintiff qualifies as a smoker of tobacco products, language intended to prioritize asbestos lung cancer claims and insulate untrained judges from...

Mealey's Toxic Tort/Environmental - Florida Appeals Panel Vacates $10.5 Million Verdict In Tobacco Suit

WEST PALM BEACH, Fla. - A panel of the Fourth District of the Florida Court of Appeal on Nov. 8 found that a U.S. surgeon general's report that was admitted to the jury during an Engle progeny suit was hearsay and should not have been admitted as evidence and remanded the suit to the trial court...

Mealey's Toxic Tort/Environmental - R.J. Reynolds Seeks Supreme Court Review of $11.5 Million Tobacco Verdict

WASHINGTON, D.C. - R.J. Reynolds Tobacco Co. on Nov. 7 filed petition for writ of certiorari with the U.S. Supreme Court, seeking a review of an $11.5 million verdict against the company in an Engle progeny suit and claiming that the 1965 Federal Cigarette Labeling and Advertising Act, 15 U.S.C 1331...

Mealey's Toxic Tort/Environmental - Pennsylvania Judge Won't Reconsider Judgments After Asbestos-Talc Expert Exclusions

PHILADELPHIA - A Pennsylvania judge considering two companies' motion for reconsideration in light of a ruling excluding plaintiffs' experts in an asbestos-tainted talc case denied the motions without prejudice to the filing of new ones in an order docketed Nov. 7 (Sally Brandt, et al. v. The...

Mealey's Toxic Tort/Environmental - Flint Water Defendants: Involuntary Manslaughter Charges Are Inaccurate

DETROIT - Two employees of the Michigan Department of Environmental Quality (MDEQ) on Nov. 10 moved in Michigan federal court to strike portions of an amended complaint filed by residents of the city of Flint, Mich., contending that the plaintiffs "inaccurately allege that Defendants have been charged...

Mealey's Toxic Tort/Environmental - Panel Reverses, Remands To Adjust $1.15B Verdict In California Lead Paint Case

SAN FRANCISCO - A California appeals panel on Nov. 14 reversed and remanded a $1.15 billion verdict against the former makers of lead paint in a public nuisance lawsuit brought by the state of California, concluding that "substantial evidences does not support causation as to residences built after...

Mealey's Toxic Tort/Environmental - Monsanto, Farm Groups Sue California Agency For Listing Glyphosate As Carcinogenic

SACRAMENTO, Calif. - Monsanto Co. and numerous agricultural trade groups on Nov. 15 filed a lawsuit in California federal court against two state agencies and their directors, seeking declaratory and injunctive relief to prevent them from "mandating false, misleading, and highly controversial cancer...

Mealey's Toxic Tort/Environmental - Monsanto: Glyphosate Cancer Evidence Is 'Unreliable,' Constitutes 'Junk Science'

SAN FRANCISCO - Monsanto Co. on Nov. 10 filed a brief in the multidistrict litigation for the herbicide Roundup in California federal court, arguing that the evidence offered by the plaintiffs' expert concerning the carcinogenic properties of Roundup's active ingredient glyphosate is "unreliable"...

Mealey's Toxic Tort/Environmental - MTBE MDL Judge Recommends Remanding Water District's Suit To California Court

NEW YORK - The federal judge in New York presiding over litigation stemming from groundwater contamination caused by the gasoline additive methyl tertiary butyl ether (MTBE) on Nov. 13 recommended remanding the Orange County Water District's (OCWD) lawsuit to California federal court, finding that...

Mealey's Toxic Tort/Environmental - Woman Wants Delaware Household Asbestos Case Against Manufacturers Revived

WILMINGTON, Del. - Two companies supplied tons of asbestos-containing paper to a manufacturer without any type of warning, despite clear evidence of the fiber's dangers to workers and household members, a women tells Delaware's top court in urging it to reinstate her second-hand exposure case...

Mealey's Toxic Tort/Environmental - Federal Judge Compels Discovery From Plaintiffs In Asbestos-Drilling Mud Case

BATON ROUGE, La. - Plaintiffs alleging asbestos exposure in drilling mud must respond to written discovery seeking information regarding injuries, exposure and work history and seeking the release of related medical records and work histories, a federal judge in Louisiana said Nov. 14 (Manuel Garza v...

Mealey's Toxic Tort/Environmental - Boiler, Furnace Companies, Supply Houses Secure Verdict In Pa. Asbestos Trial

SCRANTON, Pa. - A Pennsylvania jury on Nov. 15 returned a defense verdict for a handful of boiler and furnace manufacturers and parts supply houses, finding that the asbestos-containing products in question were not unreasonably dangerous and that none of the five defendants acted negligently (Diane...

Mealey's Toxic Tort/Environmental - Montana High Court Finds Bankruptcy Stay Tolled Asbestos Suits Against Railway

HELENA, Mont. - W.R. Grace's bankruptcy order enjoining new litigation tolled the Federal Employer's Liability Act (FELA) three-year statute of limitations for suing an associated railroad that allegedly exposed a worker to asbestos-contaminated vermiculite, the Montana Supreme Court held Nov...