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Mealey's Toxic Tort/Environmental - Whistleblower: Issues Remain About Protected Speech In Flint Water Crisis Case

CINCINNATI - A woman who was formerly the administrator for the city of Flint, Mich., and then became a whistleblower after the lead-contaminated water crisis in that city on Feb. 14 filed a brief in the Sixth Circuit U.S. Court of Appeals contending that a district court erred when it granted the city's...

Mealey's Toxic Tort/Environmental - Federal Judge Won't Extend Witness, Discovery Deadlines In Asbestos Case

KANSAS CITY, Kan. - A rail car company provided no justification for why it could not have identified an expert asbestos state-of-the-art witness prior to the passage of an already extended deadline, a federal judge in Kansas held Feb. 13 in denying a motion to extend discovery and disclosure periods...

Mealey's Toxic Tort/Environmental - Florida Appeals Panel Reverses Dismissal Of Engle Progeny Suit

MIAMI - A panel of the Third District Florida Court of Appeal on Feb. 14 found that a trial court erred in dismissing an Engle progeny suit because the 90-day period to substitute a plaintiff had been extinguished when the plaintiff's family filed a motion before an executor of the estate was named...

Mealey's Toxic Tort/Environmental - California High Court Denies Review Of $1.15B Award In Lead Paint Lawsuit

SACRAMENTO, Calif. - The California Supreme Court on Feb. 14 denied a petition for review filed by the former makers of lead-based paint who contended that the high court should hear their appeal because an appellate court "misstated and omitted material facts" when it found that there was...

Mealey's Toxic Tort/Environmental - Florida Appeals Panel Reinstates $2 Million Tobacco Verdict

WEST PALM BEACH, Fla. - A panel of Florida's Fourth District Court of Appeal on Feb. 14 affirmed a trial court's decision to allow a plaintiff's expert to testify and reinstated the full $2 million verdict in an Engle progeny suit after finding that the court erred by reducing the award based...

Mealey's Toxic Tort/Environmental - Navajo Nation, New Mexico Claims Against EPA Contractor Survive Dismissal Bid

ALBUQUERQUE, N.M. - A federal judge on Feb. 12 mostly declined to dismiss claims leveled by the Navajo Nation and state of New Mexico against a company that worked on the Gold King Mine, where a 3-million-gallon spill in 2015 turned rivers yellow with acid mine drainage and 800,000 pounds of heavy metals...

Mealey's Toxic Tort/Environmental - Judge Grants Directed Verdict For Defense In Tobacco Lawsuit

MIAMI - Following the closing arguments in an Engle progeny suit on Feb. 15, a judge in Florida state court granted a tobacco company's oral motion for directed verdict in a punitive damages-only trial (Joyce Hardin v. R.J. Reynolds Tobacco Co., No. 07-46973-CA-22, Fla. 11th Jud. Cir. Miami-Dade...

Mealey's Toxic Tort/Environmental - Crane Co. Says Judgment Warranted Even After 3rd Circuit Bare-Metal Ruling

WILMINGTON, Del. - Recent Third Circuit precedent muddies the bare-metal defense, but ultimately does not save a man's case alleging exposure to third-party asbestos parts added to Crane Co. valves, the company argues in a supplemental brief filed with a judge in the U.S. District Court for the District...

Mealey's Toxic Tort/Environmental - Wisconsin Supreme Court Grants Review After Lower Court Summary Judgment Ruling

MILWAUKEE - The Wisconsin Supreme Court agreed to wade into an asbestos action on Feb. 14, accepting a case in which the lower court found that a man's failure to recall specific worksites was not fatal to his action (Russell Robertson, et al. v. Cleaver-Brooks Inc., et al., No. 2015AP2486, Wis....

Mealey's Toxic Tort/Environmental - City Sues Chemical Companies For Damages To Groundwater From Fire-Fighting Foam

BOSTON - The city of Westfield, Mass., on Feb. 14 filed a lawsuit in Massachusetts federal court against 3M Co. and other chemical companies, seeking to recover costs associated with soil and groundwater cleanup due to contamination from the defendants' manufacture and use of aqueous film forming...

Mealey's Toxic Tort/Environmental - Supreme Court Vacates, Remands Jurisdiction Issue In Oklahoma Asbestos Case

WASHINGTON, D.C. - The Supreme Court on Feb. 20 vacated a ruling finding jurisdiction in Oklahoma over a Texas-based asbestos defendant and the resulting $6 million verdict and remanded the case for further consideration in light of recent precedent on the issue. In its petition, the drywall materials...

Mealey's Toxic Tort/Environmental - Cert Denied For Ruling On Causation Expert In Nuclear Facility Injury Case

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 20 denied a petition for a writ of certiorari filed by 137 residents of a Pennsylvania town who say that illegal releases of radioactive materials from a nearby plant caused their cancers and the deaths of their family members and that a federal appeals...

Mealey's Toxic Tort/Environmental - Top Court Told $10M Asbestos Punitive Damages Award Rests On Solid Footing

WASHINGTON, D.C. - No confusion exists among the courts on the standard for evaluating punitive damages awards, and the one Crane Co. seeks in attempting to overturn a $10 million asbestos award is both self-serving and short-sighted, a woman told the U.S. Supreme Court Feb. 20 (Crane Co. v. Jeanette...

Mealey's Toxic Tort/Environmental - Judge Trims Waste-Processing Facility's RCRA Claims Against Port District

CHICAGO - A federal judge in Illinois on Feb. 15 found that a waste-processing company could not pursue claims that a port district violated the Resource Conservation and Recovery Act (RCRA) when constructing piers in the 1960s and 1970s using contaminated materials because the plaintiff did not provide...

Mealey's Toxic Tort/Environmental - $24 Million Awarded To Wife, Daughter Of Deceased Smoker

DADE CITY, Fla. - A jury in Florida state court on Feb. 20 awarded a family of a deceased smoker $15 million in punitive damages in an Engle progeny suit bringing the total award to $24 million in a suit where they claimed that smoking was the cause of a man's lung cancer and death (Rosemarie Graffeo...

Mealey's Toxic Tort/Environmental - New York Top Court To Decide If Coke Oven Falls Under Asbestos Products Liability

BUFFALO, N.Y. - New York's top court on Feb. 15 agreed to hear a dispute over whether a contract involving coke oven batteries are products for the purposes of an asbestos products liability action or whether the construction project constituted services (In the matter of the Eighth Judicial District...

Mealey's Toxic Tort/Environmental - Mississippi Top Court Allows Asbestos Trust Setoffs From FELA Verdict

JACKSON, Miss. - Nothing in the state's precedent or the Federal Employers' Liability Act (FELA) precludes setting off an asbestos verdict with amounts recovered from asbestos trusts, a divided Mississippi Supreme Court held Feb. 15 (Illinois Central Railroad Co. v. Bennie Oakes, et al., No....

Mealey's Toxic Tort/Environmental - EPA's Request To Stay New York Water Quality Standards Suit Denied

NEW YORK - A federal judge in New York on Feb. 20 denied the U.S. Environmental Protection Agency's motion to stay proceedings in a suit over whether it failed to comply with its requirement under the Clean Water Act to approve or disapprove water quality standards submitted by the state, finding...

Mealey's Toxic Tort/Environmental - Judge Vacates Agent Orange Case, Says She 'Cannot Understand' Evidence Ruling

WASHINGTON, D.C. - A judge in the U.S. Court of Appeals for Veterans Claims on Feb. 20 vacated and remanded a case in which a veteran argues that he was injured by exposure to Agent Orange, saying she "cannot understand" why the Board of Veterans Appeals determined that there was no credible...

Mealey's Toxic Tort/Environmental - Plaintiffs Showed Companies Owed A Duty Of Care For Tainted Aquifer, Judge Says

ALBANY, N.Y. - A federal judge in New York on Feb. 20 partially granted and partially denied a motion to dismiss a groundwater contamination lawsuit, ruling that the plaintiffs showed that the chemical company defendants have a duty to businesses within the area of contamination that have suffered economic...

Mealey's Toxic Tort/Environmental - Refinery Will Appeal $2.86M Asbestos Renal Cancer Verdict

SAN FRANCISCO - A refinery company filed a notice of appeal on Feb. 20, indicating its intent to challenge an asbestos renal cancer verdict that left it liable for $133,072.23 (John M. Silva v. Albay Construction Co., et al., No. CGC-15-276384, Calif. Super., San Francisco Co.).

Mealey's Toxic Tort/Environmental - New Jersey Jury Hears Expert Testimony On Possibility That Asbestos Tainted Talc

TRENTON, N.J. - A materials scientist told a New Jersey jury on Feb. 20 that it was his opinion that a man's mesothelioma arose from exposure to asbestos in talc products he used nearly daily for his entire life, but under cross-examination admitted that the government had not found any evidence...

Mealey's Toxic Tort/Environmental - North Carolina Residents Sue DuPont Alleging Discharge Of Toxins Into Groundwater

FAYETTEVILLE, N.C. - A group of residents filed a lawsuit in North Carolina federal court on Feb. 21 against E.I. du Pont de Nemours & Co., alleging that the company is liable for discharging toxic substances into the community near DuPont's Fayetteville Works facility "with blatant disregard...

Mealey's Toxic Tort/Environmental - Federal Judge Says New Jersey Take-Home Exposure Duty Extends To Home's Visitors

PHILADELPHIA - Applying logic New Jersey's top court first espoused in an asbestos case finding a duty to prevent household exposures, a federal judge in Pennsylvania said Feb. 21 that the duty also extends past spouses to a girlfriend who frequently visited an employee's residence (Brenda Ann...

Mealey's Toxic Tort/Environmental - Court: Federal Officer Defense Frees Navy Insulation Supplier

SAN FRANCISCO - The government's selection of asbestos-containing insulation is enough for the federal officer defense to bar litigation against an insulation supplier, a California court held April 19 (Paula Tarjani, et al. v. Metalclad Insulation Corp., No. A140577, Calif. App., 1st Dist., 2018...