LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - EPA Report: Glyphosate Not Likely To Be Carcinogenic To Humans

WASHINGTON, D.C. - The U.S. Environmental Protection Agency on Dec. 18 released a draft risk assessment for glyphosate, which is the primary chemical ingredient in the herbicide Roundup, concluding that "glyphosate is not likely to be carcinogenic to humans."

Mealey's Toxic Tort/Environmental - Groups Sue Federal Agency Over Amendment To Methane Rule For Energy Companies

SAN FRANCISCO - A collection of environmental advocacy groups on Dec. 19 filed a lawsuit in California federal court against Secretary of the Interior Ryan Zinke and two federal agencies contending that they are violating federal law with regard to the U.S. Bureau of Land Management's (BLM) final...

Mealey's Toxic Tort/Environmental - Texas Attorney General Wants Merit Ruling On Sealed Asbestos Lawyer's Deposition

DALLAS - Texas law governing sealed court records permit any one, at any time, to challenge whether such documents should remain out of the public's eye, the state's attorney general told an appeals court Dec. 15 in urging it to remand a case for a determination of the merits of a case challenging...

Mealey's Toxic Tort/Environmental - Appeals Court Allows PDF Versions Of Spreadsheets In Attorney Fees Dispute

LAKE CHARLES, La. - An oil company that was ordered to remediate a property owned by a school board cannot have access to native format Excel spreadsheets the school board submitted in support of its request for attorney fees, a Louisiana appeals panel ruled Dec. 20, holding that while it is burdensome...

Mealey's Toxic Tort/Environmental - Justice: Premises Owner Not Liable For Dual Exposure Defendant's Liability

NEW YORK - A jury's verdict against a company that exposed a man to asbestos both as a manufacturer and an employer covers only the liability as a products manufacturer, making it impossible to guess how it would calculate any liability the company faced as an employer, a New York justice held in...

Mealey's Toxic Tort/Environmental - Court Kicks Appeal Challenging 2014 Mesothelioma Law To Missouri High Court

KANSAS CITY, Mo. - Whether a 2014 law providing enhanced workers' compensation benefits for mesothelioma victims retroactively upsets vested interests is a constitutional question for the state's top court, the Missouri Court of Appeals held Dec. 19 (Accident Fund Insurance Co., et al. v. Robert...

Mealey's Toxic Tort/Environmental - Washington High Court: Soil Testing Is A Remedial Action, Cost Recovery Limited

OLYMPIA, Wash. - The Washington Supreme Court on Dec. 21 found that a couple can attempt to recover the costs they incurred when investigating lube oil contamination on their property pursuant to the Model Toxic Control Act (MTCA), but a trial court judge must determine the amount, if any, a paving company...

Mealey's Toxic Tort/Environmental - Montana High Court Finds CERCLA Does Not Preempt Restoration Damages Claim

HELENA, Mont. - A 6-1 Montana Supreme Court on Dec. 29 found that property owners who live near the Anaconda Smelter Superfund site can seek restoration damages for arsenic contamination on their properties after finding that the cause of action is not preempted by the Comprehensive Environmental Response...

Mealey's Toxic Tort/Environmental - Crane Co. Takes Fight Over $10M Punitive Award To U.S. Supreme Court

ST. LOUIS - The U.S. Supreme Court on Dec. 29 gave an asbestos plaintiff more time to respond to a petition urging the court to use a $10 million verdict to clarify the proper standard for evaluating punitive damages awards under existing due process and award ratio precedent (Crane Co. v. Jeanette G...

Mealey's Toxic Tort/Environmental - New Jersey Appeals Court Affirms Company's $180,000 Penalty For Waste Violations

TRENTON, N.J. - The New Jersey Department of Environmental Protection (NJDEP) did not err when imposing a $180,000 penalty against a company for illegally storing hazardous waste in violation of New Jersey's Solid Waste Management Act and Spill Compensation and Control Act, a state appeals panel...

Mealey's Toxic Tort/Environmental - Court Reverses, Finds Judge Improperly Disregarded Asbestos Deposition Testimony

OAKLAND, Calif. - A judge misconstrued portions of testimony in concluding that a deposition contradicted a previous declaration, and the apparent belief that the testimony was lacking because the witness did not testify to directly witnessing asbestos exposures is contrary to the law, a California appeals...

Mealey's Toxic Tort/Environmental - Panel: Silica Rule 'Arbitrary And Capricious'; Further Consideration Needed

WASHINGTON, D.C. - A panel of the District of Columbia Circuit U.S. Court of Appeals on Dec. 22 remanded for further consideration the Occupational Safety and Health Administration's rule regulating workplace exposure to silica because the initial rule was "arbitrary and capricious" (North...

Mealey's Toxic Tort/Environmental - Judge Dismisses Groups' Suit Over Energy Company's Coal Ash Discharges

LEXINGTON, Ky. - A federal judge in Kentucky on Dec. 28 dismissed with prejudice a claim brought by two environmental groups contending that Kentucky Utilities Co. (KU) is violating the Clean Water Act by allowing storm water containing pollutants from its coal-ash settlement ponds to migrate into a...

Mealey's Toxic Tort/Environmental - Asbestos Company Says Ohio Law Requires Tobacco Users To Prove They Aren't Smokers

COLUMBUS, Ohio - Only by requiring those who use to tobacco products to submit medical reports indicating whether they qualify as "smokers" can Ohio courts give the General Assembly's choice of words meaning, a company told the Ohio Supreme Court on Dec. 22 (Bobby Turner, et al. v. Union...

Mealey's Toxic Tort/Environmental - Pennsylvania Court Remands $6.4M Asbestos Verdict For New Trial On Liability

PHILADELPHIA - Pennsylvania law all but eradicating joint and several liability applies to strict liability asbestos cases, a state appellate court held in remanding for a new trial on the issue of liability Dec. 28 (William Roverano, et al. v. John Crane Inc. et al., Nos. 2837 EDA 2016, 2847 EDA 2016...

Mealey's Toxic Tort/Environmental - Selling Asbestos Products Created Duty To Household Members, Plaintiff Says

WILMINGTON, Del. - The affirmative act of selling asbestos-containing products is misfeasance and does not require a special relationship between the parties for imposition of a duty to protect household members from exposure, a woman told the Delaware Supreme Court on Dec. 28 (Elizabeth Ramsey, et al...

Mealey's Toxic Tort/Environmental - Oregon Sues Monsanto, Seeks Over $100M For PCB Cleanup

PORTLAND, Ore. - The state of Oregon on Jan. 4 filed suit in state court against Monsanto Co., Pharmacia Corp. and Solutia Inc., seeking more than $100 million in damages to clean up contamination in the state's groundwater and soil resulting from the companies' manufacturing of polychlorinated...

Mealey's Toxic Tort/Environmental - Law Firm: Texas Overstates Case In Urging Unsealing Of Asbestos Deposition

DALLAS - The Texas attorney general overstates the case in favor of unsealing deposition testimony from a law firm's principal and ignores that there is no evidence the record constitutes a court document, appellees told the state's appeals court on Jan. 3 (Christine Cole Biederman v. Beverly...

Mealey's Toxic Tort/Environmental - Oral Arguments Set In Florida Asbestos Case Over Daubert Applicability

TALLAHASSEE, Fla. - The Florida Supreme Court on Jan. 5 said it would hear oral arguments in March in an asbestos case involving whether Daubert can be applied in Florida and whether expert testimony that every exposure to asbestos leads to mesothelioma satisfies whatever standard the state uses (Richard...

Mealey's Toxic Tort/Environmental - California Appeals Court Says No Special Causation Standard For Polanco Act Claims

SAN FRANCISCO - A California appeals panel on Jan. 8 reversed a trial court judge's ruling that a special causation standard applies to companies accused of being responsible parties for contamination under the Polanco Redevelopment Act, finding that a plaintiff must show only that the manufacturer's...

Mealey's Toxic Tort/Environmental - U.S. Supreme Court Denies Cert In Engle Progeny Dispute

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 8 denied two tobacco companies' petition for a writ of certiorari and upheld a finding that using the original Engle findings in Engle progeny suits does not violate due process (R.J. Reynolds, et al. v. Theresa Graham, No. 17-415, U.S. Sup.).

Mealey's Toxic Tort/Environmental - Top Court Told Sales Gave Oklahoma Jurisdiction Over Asbestos Suit

WASHINGTON, D.C. - A company's sale of tens of thousands of units of asbestos-containing drywall in Oklahoma easily surpasses the bar for jurisdiction in the state, a man told the U.S. Supreme Court on Jan. 8 (Murco Wall Products Inc. v. Michael D. Galier, No. 17-733, U.S. Sup.).

Mealey's Toxic Tort/Environmental - 5th Circuit Affirms Denial Of Oil Spill Claim For Related Transactions Revenue

NEW ORLEANS - A federal judge in Louisiana did not err when refusing to review the denial of a man's claim for compensation under the Deepwater Horizon Economic & Property Damages Settlement Agreement, a Fifth Circuit U.S. Court of Appeals panel ruled Jan. 9, finding that a policy in the agreement...

Mealey's Toxic Tort/Environmental - New York City Sues 5 Oil Companies Over Climate Change

NEW YORK - The city of New York on Jan. 9 filed a lawsuit in federal court against five oil companies, claiming that the companies are responsible for climate change and seeking to recover damages to the city's infrastructure (City of New York v BP PLC, et al., No. 18-CV-00182, S.D. N.Y.).

Mealey's Toxic Tort/Environmental - Federal Judge Affirms Jurisdictional Dismissals In Missouri Asbestos Case

ST. LOUIS - A federal judge in Missouri on Jan. 11 denied a motion for reconsideration, saying the U.S. Supreme Court issued an opinion clarifying the standard for jurisdiction before he issued his own opinion, while also saying the newly minted precedent would not change the outcome (Willie Everett...