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Mealey's Toxic Tort/Environmental - Law Firm: Asbestos Deposition Isn't Court Record, Jurisdiction Can't Be Revived

DALLAS - A court lacks jurisdiction over 20-year-old deposition testimony into the creation of a memo some believe shows lawyers coaching asbestos witnesses because the testimony is not a court document, plaintiffs and their law firm told a Texas appeals court on Nov. 3 (Christine Cole Biederman v. Beverly...

Mealey's Toxic Tort/Environmental - Man Says Ceramics Firm Knew Vermiculite Packing Contained Asbestos

CLEVELAND - A ceramics company packed its products in asbestos-tainted vermiculite long after it learned of the problem and never issued warnings or recalls, a man tells an Ohio court in a Nov. 2 trial brief (Paul M. Cornett, et al. v. Clark Industrial Insulating Co., et al., No. CV-15-845107, Ohio Comm...

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 - Home's Liquidator Asks For Approval Of $9.3M Asbestos Settlement With Insured

CONCORD, N.H. - The liquidator for The Home Insurance Co. on Nov. 3 asked a New Hampshire trial court to approve a $9.3 million settlement with an insured to resolve asbestos claims under eight insurance policies (In the Matter of the Liquidation of The Home Insurance Co., No. 03-E-0106, N.H. Super....

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 - Panel Grants Company's Motion To Change Venue In Chemical Injury Case

SAN FRANCISCO - A California appellate panel on Nov. 6 vacated a trial court's decision and ruled that a lawsuit filed by an environmental advocacy organization against Dow Agrosciences LLC related to alleged exposure to chemicals that cause cancer should be moved to a different venue, as requested...

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 - Magistrate: Insufficient Evidence Of Exposure To Original Products In Asbestos Case

SCOTTSDALE, Ariz. - To hold two companies liable for supplying valves to the U.S. Navy, a plaintiff must also submit evidence that the asbestos-containing gaskets and packing were original or that the companies supplied replacement parts, a federal magistrate judge in Arizona said in a Nov. 9 report...

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...

Mealey's Toxic Tort/Environmental - TransCanada: Keystone Pipeline Shut Down After Leaking 210,000 Gallons Of Oil

AMHERST, S.D. - TransCanada Corp. announced Nov. 16 that it shut down its Keystone pipeline after it experienced a leak in South Dakota that resulted in an oil spill of 210,000 gallons, or 5,000 barrels, of oil.

Mealey's Toxic Tort/Environmental - Los Angeles Jury Returns Asbestos Verdict For J&J, Talc Miner

LOS ANGELES - A California jury on Nov. 16 returned a verdict in favor of Johnson & Johnson in the first ever cosmetic-talc asbestos case taken to trial against the company, while also handing a defense verdict to the company that mined the raw talc, sources told Mealey Publications (Tina Herford...

Mealey's Toxic Tort/Environmental - New York Investigation Reveals Housing Authority Falsified Lead-Hazard Reports

NEW YORK - The New York Department of Investigation (DOI) on Nov. 15 issued a report indicating that the New York City Housing Authority (NYCHA) failed to conduct mandatory safety inspections for lead paint during a four-year period beginning in 2013 but falsified reports to the U.S. Department of Housing...

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 - EPA Ordered By Judge To Respond To Group's Permit Petition By Jan. 31

WASHINGTON, D.C. - The Environmental Protection Agency must respond to Sierra Club's petition asking the agency to object to a proposed operating permit for a power plant in Tennessee by Jan. 31, a federal judge in the District of Columbia ruled Nov. 17 in granting the group's motion for summary...

Mealey's Toxic Tort/Environmental - Class Certification Not 'Ripe' For Decision In Drinking Water Case, Judge Says

FORT WAYNE, Ind. - A federal judge in Indiana on Nov. 16 ruled that a group of plaintiffs asserting claims of personal injury from exposure to trichloroethylene (TCE), vinyl chloride, benzene and other chemicals is not entitled to class certification (Opal Millman v. United Technologies Corporation,...