LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - Railway Company: Residents' Chemical Injury Case Fails For Lack Of Injury Evidence

KNOXVILLE, Tenn. - CSX Transportation Inc. on July 17 filed a brief in Tennessee federal court arguing that a chemical injury lawsuit brought against it by a purported class of residents should be dismissed because the claims are "barred by the economic loss doctrine" and the plaintiffs "have...

Mealey's Toxic Tort/Environmental - New Jersey Federal Magistrate Consolidates 2 Environmental Contamination Lawsuits

NEWARK, N.J. - A New Jersey federal magistrate judge on July 14 granted an insured's motion to consolidate a subrogation lawsuit filed by a property owner against an insured and an insurance coverage lawsuit filed against the insured after determining that the suits involve common questions of law...

Mealey's Toxic Tort/Environmental - 9th Circuit Refuses To Force EPA To Revoke Food Tolerance For Chlorpyifos

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on July 18 denied a motion for writ of mandamus sought by two environmental groups that want the U.S. Environmental Protection Agency to revoke all food tolerances for, and cancel the registration of, a pesticide chlorpyifos (In re: Pesticide Action...

Mealey's Toxic Tort/Environmental - Flint Water Defendants: Motion To Certify Appeal As 'Frivolous' Should Be Stricken

DETROIT - A group of defendants affiliated with the city of Flint, Mich., on July 18 filed a brief in Michigan federal court contending that a motion to certify their appeal of a district court ruling as "frivolous," which was filed by city residents in a lead-contaminated drinking water lawsuit...

Mealey's Toxic Tort/Environmental - Court Orders EPA To Explain Use Of Surrogates For Emissions Standards

WASHINGTON, D.C. - The District of Columbia U.S. Circuit Court of Appeals on July 18 ordered the U.S. Environmental Protection Agency to explain to two environmental groups why the agency relied on surrogates to determine maximum achievable control technology (MACT) standards for emissions of three hazardous...

Mealey's Toxic Tort/Environmental - 5th Circuit: Business Owners Cannot Seek Lost Wages Under BP Settlement

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on July 19 affirmed a federal judge's ruling to uphold an appeal denying individual economic loss (IEL) claims submitted by three corporate officers of an architectural firm to the Court Supervised Settlement Program (CSSP) for the Deepwater...

Mealey's Toxic Tort/Environmental - Judge: Cumulative Exposure, 'Every Exposure' Theories Are Equally Inadmissible

BALTIMORE - Expert testimony that asbestos "cumulates" in the body and leads to disease is indistinguishable from the theory that every exposure to asbestos leads to disease and is inadmissible under federal rules and Daubert v. Merrell Dow Pharm., Inc., a federal judge in Maryland held July...

Mealey's Toxic Tort/Environmental - Judge: Court, Not Jury Will Decide Penalty For Violating Clean Air Act

PEORIA, Ill. - A federal judge in Illinois on July 18 denied a request by defendant companies seeking to have a jury decide if they should pay a civil penalty for violating the Clean Air Act (CAA), finding that the statute specifically states that the court will assess what penalty should be imposed...

Mealey's Toxic Tort/Environmental - New York Justice Denies Stay While Defendants Appeal New Asbestos CMO

NEW YORK - The justice recently appointed to oversee the New York City asbestos litigation (NYCAL) said July 18 that he would not stay implementation of the case management order (CMO) issued by the previous coordinating justice while the defendants appeal, sources told Mealey Publications (In re: New...

Mealey's Toxic Tort/Environmental - Court Allows Widow To Add Claims To Suit Over Missing Asbestos Payment

NEW YORK - A widow may add claims for declaratory judgment and tortious interference with contract to her case claiming that insurers and an administrator are intentionally delaying or denying payment on a more than $7 million asbestos verdict, a New York justice held in an opinion posted July 18 (Ruby...

Mealey's Toxic Tort/Environmental - New York Appellate Court Stays Most Of New Asbestos CMO

NEW YORK - A New York appellate court on July 20 stayed implementation of all but the hotly contested punitive damages provision of the recent New York City asbestos litigation (NYCAL) case management order (CMO) while it considers defendants' challenges (In re: New York City Asbestos Litigation...

Mealey's Toxic Tort/Environmental - 24 Arizona Residents Sue Monsanto, Allege They Got Cancer From Glyphosate

PHOENIX - An Arizona man filed a complaint in the U.S. District Court for the District of Arizona on July 19 against Monsanto Co., alleging that its herbicide Roundup, which contains the chemical glyphosate, caused him to develop cancer. The case is one of 24 cancer cases filed by the same attorney against...

Mealey's Toxic Tort/Environmental - Florida Jury Awards $1.6 Million To Plaintiff In Retrial Of Engle Progeny Lawsuit

FORT MYERS, Fla. - In a retrial of an Engle progeny suit, a Florida jury on July 18 found that a woman's lung cancer and death were caused by her addiction to cigarettes and R.J. Reynolds Tobacco Co.'s failure to warn her about the dangers of smoking and awarded her husband $1.65 million (John...

Mealey's Toxic Tort/Environmental - Parties Settle Asbestos Action After Judge Admits Industrial Hygienist

BALTIMORE - A couple on July 19 settled with the two remaining defendants whose conduct allegedly caused exposure to asbestos, just two days after a judge denied a motion to exclude expert testimony from the defendant's industrial hygienist (Charles Lemuel Arbogast Jr., et al. v. A.W. Chesterton...

Mealey's Toxic Tort/Environmental - Groups: EPA Should Be Ordered To Respond To Petition Regarding Permit Opposition

WASHINGTON, D.C. - A collection of environmental advocacy groups on July 20 filed a lawsuit in the U.S. District Court for the District of Columbia seeking declaratory and injunctive relief against U.S. Environmental Protection Agency Administrator Scott Pruitt pursuant to the Clean Air Act (CAA), 42...

Mealey's Toxic Tort/Environmental - 10th Circuit: Government Can Be Liable For Some Mining Cleanup Costs

DENVER - A 10th Circuit U.S. Court of Appeals panel on July 19 ruled that the federal government can be liable for some cleanup costs at a New Mexico mine as an owner under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) because it owned a piece of national forest that...

Mealey's IP/Tech - Judge Denies Defendants' Summary Judgment Motion In Trade Secrets Suit

BOSTON - Defendants in a copyright infringement and misappropriation of trade secrets lawsuit failed to show that summary judgment is warranted with regard to the misappropriation claims because a jury could reasonably determine that the defendants misrepresented each of the trade secrets at issue and...

Mealey's Toxic Tort/Environmental - Ohio Court: Unsworn Asbestos Causation Testimony Meets Prima Facie Requirements

CLEVELAND - Expert asbestos medical testimony that echoes the requirements in Ohio law is sufficient to make a prima facie case and need not be a signed document, an Ohio appeals court held July 20 (Kevin E. Howell v. Consolidated Rail Corp., et al., No. 104554, Ohio App., 8th Dist., 2017 Ohio App. LEXIS...

Mealey's Toxic Tort/Environmental - 11 Attorneys General Sue EPA For Delaying Rules Regarding Chemical Accident Safety

WASHINGTON, D.C. - The attorneys general of 11 states on July 24 filed a lawsuit against the U.S. Environmental Protection Agency in the District of Columbia Circuit U.S. Court of Appeals seeking review of the EPA's decision to delay implementation of federal requirements preventing the release of...

Mealey's Toxic Tort/Environmental - Judge: Disputes Exist As To Whether Company Dumped Grease At Site

HOUSTON - A federal judge in Texas on July 21 denied a defendant company's motion for partial summary judgment in a suit over cleanup costs at a Superfund site, finding that genuine disputes exist as to whether the company disposed of grease on the property (USOR Site PRP Group v. A&M Contractors...

Mealey's Toxic Tort/Environmental - Pennsylvania Man: Monsanto Liable For Causing Cancer By Promoting Glyphosate

PHILADELPHIA - A Pennsylvania man on July 21 sued Monsanto Co. in the U.S. District Court for the Eastern District of Pennsylvania, contending that the company is liable for negligent conduct because he developed cancer as a result of using the company's herbicide Roundup, which contains glyphosate...

Mealey's Toxic Tort/Environmental - D.C. Circuit Court Upholds Ban Of Using E-Cigarettes On Planes

WASHINGTON, D.C. - A District of Columbia Circuit U.S. Court of Appeals majority on July 21 upheld a U.S. Department of Transportation (DOT) rule that prohibits the use of e-cigarettes and other vaping devices on airplanes because the law banning the devices from planes benefits the health of the passengers...

Mealey's Toxic Tort/Environmental - Magistrate Says Termination Of Permit Does Not Render Discharge Claims Moot

OAKLAND, Calif. - A federal magistrate judge in California on July 24 refused to dismiss a lawsuit brought by an environmental conservation group against the owner of a site that allegedly discharges excessive levels of polluted storm water, holding that the owner's decision to terminate a general...

Mealey's Toxic Tort/Environmental - Reconsideration Of Exclusion Of Cumulative Exposure Asbestos Testimony Sought

CHARLESTON, S.C. - A medical expert's opinion that exposure to asbestos in gaskets substantially contributed to the entire dose that caused a man's mesothelioma simply reiterates scientific fact and is sufficiently case-specific to avoid being the "every exposure" theory, a man told...

Mealey's Toxic Tort/Environmental - GM's Suit Against Manville Trust Barred By Injunction, Bankruptcy Judge Rules

POUGHKEEPSIE, N.Y. - General Motors LLC cannot sue Johns-Manville Corp.'s asbestos personal injury trust in Ohio state court to recover money for payments made to a widow because GM's claim for contribution is barred by the decades-old injunction issued in Johns-Manville's Chapter 11 case...