LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - Judge: Industry Groups Cannot Intervene In Waste Storage Regulations Suit

WASHINGTON, D.C. - A motion filed by industry groups seeking to intervene in a lawsuit brought by a number of environmental groups over the U.S. Environmental Protection Agency's alleged failure to update oil and gas waste regulations was denied by a federal judge in the District of Columbia on Nov...

Mealey's Toxic Tort/Environmental - Ohio Court Finds Tobacco Use A Fact Question, Rejects Need For Medical Report

COLUMBUS, Ohio - Whether an asbestos plaintiff claiming lung cancer uses tobacco is a factual determination for a court and does not require a report from a competent medical authority, an Ohio appellate court held Nov. 17 (Bobby Turner, et al. v. CertainTeed Corp., et al., No. 103475, Ohio App., 8th...

Mealey's Toxic Tort/Environmental - Oil And Mining Provider Cape Warns That January Trial Could Threaten Trust

WEST DRAYTON, England - Oil and mining industrial services company Cape PLC announced Nov. 18 that a changing legal landscape means potential damages from an upcoming January trial over liabilities for a former asbestos factory could exceed expectations, potentially endangering a payment scheme designed...

Mealey's Toxic Tort/Environmental - Court: Premises Ruling Didn't Nix Duty Question For Negligence Claim

LOS ANGELES - Adjudication of a premises liability asbestos claim arising from work in Iran did not resolve the question of duty under a negligence cause of action, a California appeals court held Nov. 17 (Nader Kordestani, et al. v. ExxonMobil Oil Corp., et al., No. B257193, Calif. App., 2nd Dist.)...

Mealey's Toxic Tort/Environmental - DuPont Says It Should Not Be Forced To Disclose Documents In C8 Injury Litigation

COLUMBUS, Ohio - E.I. du Pont de Nemours and Co. on Nov. 21 filed a brief in the perfluorooctanoic acid (known as C8) injury multidistrict litigation, arguing that the MDL court should deny the plaintiffs' motion to compel the production of underlying data the company used to create witness summaries...

Mealey's Toxic Tort/Environmental - New York High Court Allows Police Officer To Pursue Asbestos Case Against Buffalo

ALBANY, N.Y. - A state system designed to compensate injured police officers does not constitute a workers' compensation system and allows for a tort action alleging exposure to asbestos while in the employ of the city of Buffalo, a divided New York Court of Appeals held Nov. 21 (In the Matter of...

Mealey's Toxic Tort/Environmental - Liquidator Asks Court To Approve Settlement Of Asbestos Claims

CONCORD, N.H. - The liquidator of an insolvent insurer asked a New Hampshire court on Nov. 21 to approve a $13.8 million settlement agreement with a bankrupt company's asbestos personal injury trust (In the Matter of the Liquidation of The Home Insurance Company, No. 03-E-0106, N.H. Sup., Merrimack...

Mealey's Toxic Tort/Environmental - Pa. Top Court Affirms Experts' Cumulative Exposure Testimony In $1M Asbestos Case

HARRISBURG, Pa. - Expert testimony that every dose of asbestos contributes to the cumulative total simply states accepted scientific fact and is not the type of "every exposure" testimony rejected by precedent, a divided Pennsylvania Supreme Court held Nov. 22 in affirming a nearly $1 million...

Mealey's Toxic Tort/Environmental - 3rd Circuit: Judge's Standard Too Strict In Remanding Boeing Asbestos Case

PHILADELPHIA - Federal contractors must only present a colorable federal defense for removal and are not subject to a special standard requiring that they prove their case to prevail against a motion to remand, a Third Circuit U.S. Court of Appeals panel held Nov. 22 (Steven Papp, et al. v. Fore-Kast...

Mealey's Toxic Tort/Environmental - Genuine Issues Preclude Ruling On Contract Issues, Judge Finds

PHOENIX - A federal judge in Arizona on Nov. 21 denied cross-motions for partial summary judgment on breach of contract claims in a suit over indemnification for cleanup from contamination from underground storage tank (UST) leaks, finding that too many issues of material fact exist as to whether the...

Mealey's Toxic Tort/Environmental - Fertilizer Maker: Tainted Groundwater Case Fails; Jurisdiction Lacking

TAMPA, Fla. - Fertilizer manufacturers who are being sued for groundwater contamination allegedly connected to an incident at their plant moved in federal court in Florida on Nov. 21, contending that the case should be dismissed because the plaintiffs' complaint "does not contain a single allegation...

Mealey's Toxic Tort/Environmental - Flint Water Crisis Plaintiffs: Defense Motion To Change Venue Should Be Denied

GRAND RAPIDS, Mich. - Michigan residents who allege that state employees are liable for the lead-contaminated water crisis in Flint, Mich., on Nov. 22 filed a brief in Michigan federal court arguing that the court should deny the defendants' motion to stay proceedings pending a final decision on...

Mealey's Toxic Tort/Environmental - Pennsylvania High Court Dismisses Asbestos Appeal Over Dangerous Product Question

HARRISBURG, Pa. - The Pennsylvania Supreme Court on Nov. 22 dismissed as improvidently granted an appeal challenging whether a judge or jury properly decides if the lack of warnings on a product renders the product unreasonably dangerous (Thomas Amato and Jean Amato v. Bell & Gossett, et al., No...

Mealey's Toxic Tort/Environmental - Calif. Court Upholds Evidence, Instructions On Way To Affirming Asbestos Verdict

LOS ANGELES - Asbestos plaintiffs themselves introduced irrelevant contract provisions about which they now complain, and any error arising from improper jury instructions regarding an employer's duty did not prejudice them, a California appeals court held Nov. 22 (Kenneth Evans, et al. v. American...

Mealey's Toxic Tort/Environmental - Monsanto: City Of Spokane's PCB Contamination Case Fails To State A Claim

SPOKANE, Wash. - Monsanto Co. and its affiliates on Nov. 23 filed an answer against the city of Spokane, contending that the city's attempt to collect remediation costs for alleged contamination of its groundwater with polychlorinated biphenyls (PCBs) should be denied because the plaintiff fails...

Mealey's Toxic Tort/Environmental - Illinois Wrongful Death Case Sent To Roundup MDL In Northern California

WASHINGTON, D.C. - The U.S. Judicial Panel on Multidistrict Litigation (JPMDL) on Nov. 28 issued an order transferring another case to the multidistrict litigation for injuries allegedly caused by exposure to the weed killer Roundup, stating that the wrongful death lawsuit brought against Monsanto Co...

Mealey's Toxic Tort/Environmental - State Employees: Flint Water Crisis Venue Decision Needed Before Dismissal Ruling

DETROIT - Employees of the Michigan Department of Environmental Quality (MDEQ) on Nov. 28 filed a brief asking a Michigan federal court to rule on their motion to change venue before it rules on pending motions to dismiss a lawsuit brought by residents of Flint, Mich., who allege that the employees are...

Mealey's Toxic Tort/Environmental - Asbestos Attorney Fights Expert Testimony-Based Sanctions Ruling

SAN FRANCISCO - A judge conducted only a perfunctory and conclusory investigation before finding that counsel violated court orders in an effort to elicit expert testimony regarding chemotherapy's impact on kidney disease, yet the jury already knew about the connection and no ruling excluded the...

Mealey's Toxic Tort/Environmental - Federal Judge Partially Grants, Denies Summary Judgment In Tobacco Contract Suit

RENO, Nev. - A federal judge in Nevada on Nov. 28 partially granted and partially denied a motion for summary judgment by a hotel, finding that a cigar wholesaler breached a contract it had with a hotel in Las Vegas (Wynn Las Vegas LLC v. Cigar Row LLC, No. 2:15-CV-01079, D. Nev.; 2016 U.S. Dist. LEXIS...

Mealey's Toxic Tort/Environmental - 5th Circuit: Franchisors Cannot Seek Lost Royalties Under BP Settlement

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Dec. 1 affirmed a federal judge in Louisiana's ruling that three franchisors that are not based in the Gulf of Mexico cannot seek to obtain lost franchisee royalties during the oil spill in the Gulf of Mexico following the explosion of...

Mealey's Toxic Tort/Environmental - Florida Appellate Panel Vacates $20 Million Tobacco Verdict

WEST PALM BEACH, Fla. - A Florida appellate panel on Nov. 30 vacated a $20 million verdict awarded to the estate of a woman following a trial in an Engle progeny suit after finding that the damages awarded by the jury were excessive (R.J. Reynolds Tobacco Co. v. Gwendolyn E. Odom, No. 4D14-3867, Fla...

Mealey's Toxic Tort/Environmental - Plaintiff: Good Cause Exists For Expert Substitution In Oil Rig Explosion Case

SAN FRANCISCO - Nigerian residents who contend that they have been injured as a result of an oil rig explosion on Nov. 30 filed a brief in California federal court, contending that their motion to substitute a fisheries expert in place of the expert they originally scheduled is based on good cause under...

Mealey's Toxic Tort/Environmental - Judge Remands Agent Orange Benefits Case, Says Claim May Be Substantiated

WASHINGTON, D.C. - A federal judge in the U.S. Court of Appeals for Veterans Claims on Nov. 30 vacated and remanded a ruling that denied benefits to a veteran's widow for his cancer and subsequent death in connection with exposure to Agent Orange, finding that the Board of Veterans Appeals failed...

Mealey's Toxic Tort/Environmental - Judge Dismisses Case, Finds Personal Jurisdiction Lacking In Asbestos Action

NEW ORLEANS - A company's uncontested evidence that it had no contacts in Louisiana overcomes conclusory statements and suffices for a finding that a court lacks personal jurisdiction over it, a federal judge in Louisiana held Nov. 30 (Breck Williams, et al. v. Rust Engineering & Construction...

Mealey's Toxic Tort/Environmental - Federal Judge: Officials Must Deliver Bottled Water To Flint Residents; Stay Denied

DETROIT - A federal judge in Michigan on Dec. 2 denied a motion filed by Michigan state officials and refused to stay a district court ruling that the defendants provide bottled water to every house in Flint, Mich., in response to the lead-contaminated water crisis (Concerned Pastors for Social Action...