LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - Company: Causation Lacking In Lawsuit Related To Cancer From Benzene Exposure

ASHEVILLE, N.C. - A company being sued by a North Carolina man who contends that he contracted cancer as a result of groundwater contamination for which the man says the company is liable on April 17 filed a brief in North Carolina federal court, arguing that the case should be dismissed because the...

Mealey's Toxic Tort/Environmental - New Jersey Residents: Case Against Smelter Is Valid

TRENTON, N.J. - A group of New Jersey residents on April 16 filed a brief in New Jersey federal court contending that their complaint against a refining company alleging contamination from heavy metals asserts valid claims (Juan Duarte, et al. v. United States Metal Refining Company, No. 17-1624, D....

Mealey's Toxic Tort/Environmental - 2nd Circuit Dismisses Creosote Injury Case Brought Against Chemical Company

NEW YORK - A panel of the Second Circuit U.S. Court of Appeals on April 20 ruled that it lacked jurisdiction to decide a case in which a group of residents sued Tronox Inc. contending that they had been harmed as a result of exposure to wood treated with creosote at the company's plant in Pennsylvania...

Mealey's Toxic Tort/Environmental - Magistrate Judge Finds Port's Product Liability Claims Against Monsanto Are Timely

PORTLAND, Ore. - A federal magistrate judge in Oregon on April 18 recommending denying Monsanto Co.'s motion to dismiss product liability claims brought by the Port of Portland, over polychlorinated biphenyl (PCB) contamination, finding that the plaintiff does not clearly state when it discovered...

Mealey's Toxic Tort/Environmental - Jury Awards $81.5M After Asbestos Friction-Parts Trial In Washington State

TACOMA, Wash. - A Washington jury awarded $81.5 million April 17 to a widow and her two daughters in their case alleging that their decedent suffered exposure to asbestos in automobile friction products, sources told Mealey's Publications (Gerri Coogan, et al. v. Genuine Parts Co. et al., No. 15...

Mealey's Toxic Tort/Environmental - Iowa Court Reverses, Orders Retrial Of $4 Million Asbestos Verdict

DES MOINES, Iowa - Counsel's "continuous disregard" for rulings excluding evidence of how much a defendant spent defending asbestos actions and the application of the statute of repose requires a new trial, an Iowa appeals court held April 19 (Shari Kinseth and Ricky Kinseth, et al. v....

Mealey's Toxic Tort/Environmental - Man's Last Injurious Asbestos Exposure Occurred In Self-Employment, Court Finds

RALEIGH, N.C. - Substantial evidence supports an industrial commission's conclusion that a mechanic's last injurious exposure to asbestos occurred during his work at his own business, a North Carolina appeals panel held April 18 (Melissa Lovelace, et al. v B&R Auto Service Inc., et al., No...

Mealey's Toxic Tort/Environmental - Federal Judge Orders Volkswagen To Pay $2.8B Fine

DETROIT - A federal judge in Michigan on April 21 ordered Volkswagen AG to pay a $2.8 billion fine for equipping its diesel vehicles with software designed to cheat emissions tests after the company pleaded guilty to counts of conspiracy to defraud the United States, wire fraud and violations of the...

Mealey's Toxic Tort/Environmental - Judge: Volkswagen Buyers Cannot Seek Restitution In Criminal Proceeding

DETROIT - Consumers who purchased Volkswagen vehicles with software designed to cheat emissions tests cannot seek restitution from the auto manufacturer as part of criminal proceedings brought by the federal government against the company because it would unduly prolong the sentencing process, a federal...

Mealey's Toxic Tort/Environmental - Judge Remands Groundwater Class Action, Says Local Controversy Exception Applies

CORPUS CHRISTI, Texas - A federal judge in Texas on April 19 remanded a class action lawsuit alleging groundwater contamination by a group of defendant chemical companies, ruling that the local exception to federal class action law applied (MD Haynes Inc. d/b/a Cici's Pizza, et al. v. Valero Marketing...

Mealey's Toxic Tort/Environmental - 2nd Circuit Dismisses Appeal Of Toxic Tort Plaintiffs' Tronox 'Derivative' Claims

NEW YORK - Because a federal court's ruling enforcing a permanent anti-suit injunction issued as part of a $5.5 billion settlement in the Chapter 11 case of Tronox Inc. is not a final order, it cannot be appealed by 4,300 individuals who say they were injured from the company's operation of a...

Mealey's Toxic Tort/Environmental - 3rd Circuit Says Asbestos Exclusion Is Enforceable, Insurer Owes No Coverage

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on April 21 reversed a $36 million judgment entered against an insurer in an asbestos coverage dispute after determining that an asbestos exclusion is not ambiguous and bars coverage for underlying asbestos-related claims filed against the insured...

Mealey's Toxic Tort/Environmental - Jury Awards $15 Million To Widow Of Smoker In Engle Progeny Suit

TAMPA, Fla. - A Florida jury on April 21 awarded the widow of a smoker in a tobacco suit a total of $12 million in punitive damages, bringing the total award against a tobacco company to $15 million (Mary Lima v. R.J. Reynolds, et al., No. 2015CA007140, Fla. Cir., 13th Jud. Cir. Hillsborough Co.).

Mealey's Toxic Tort/Environmental - Judge Rejects Challenge To Causation Testimony In Asbestos Case

NEW YORK - Requiring experts to actually sample and test the release of asbestos fibers from products would be fatal to almost all cases, given the lack of existing products to test and their inherent hazards, a New York justice held in allowing the testimony of three experts in an opinion posted April...

Mealey's Toxic Tort/Environmental - Recent Missouri Precedent Secures Asbestos Defendant Jurisdictional Dismissal

ST. LOUIS - Recent Missouri Supreme Court precedent finding that registration in the state does not constitute consent to jurisdiction warrants reconsideration of an earlier ruling in an asbestos case and granting the company's motion to dismiss, a federal judge in Missouri said April 21 (Diane MacCormack...

Mealey's Toxic Tort/Environmental - Jury's Duty Finding Nixes Third-Party Parts Liability Question, Court Finds

WILMINGTON, Del. - A jury's finding that Ford Motor Co. did not fail to warn about the dangers of asbestos-containing replacement brakes makes the question of liability for third-party parts irrelevant, Delaware's top court held April 21 (In re: Asbestos Litigation Donna F. Walls, et al. v. Ford...

Mealey's Toxic Tort/Environmental - 6th Circuit: Local Controversy Exception Not Applicable In Flint Water Crisis Case

CINCINNATI - A panel of the Sixth Circuit U.S. Court of Appeals on April 25 ruled that the local controversy exception to the Class Action Fairness Act (CAFA) did not apply in a putative class action related to the Flint water crisis, and it reversed a district court's decision sending the case back...

Mealey's Toxic Tort/Environmental - Jury Finds For Tobacco Company In Engle Progeny Suit

WEST PALM BEACH, Fla. - A jury in Florida on April 24 found for R.J. Reynolds Tobacco Co. in a suit in which a woman claimed that the tobacco company was responsible for her husband's laryngeal cancer and subsequent death because it intentionally hid the dangers of smoking from him (Doris Shadd v...

Mealey's Toxic Tort/Environmental - D.C. Circuit Court Remands Tobacco Suit To Rework Preamble Of Smoking Statement

WASHINGTON, D.C. - A District of Columbia Circuit U.S. Court of Appeals panel on April 25 remanded a suit in which the United States alleged that several tobacco companies misled the public about the harmfulness of cigarettes to a district court with instructions to alter preambles the lower court had...

Mealey's Toxic Tort/Environmental - Premarital Asbestos Exposure Can't Bar Consortium Claim, Florida Top Court Told

WEST PALM BEACH, Fla. - An appeals court erred in concluding that because a man's asbestos exposure occurred prior to marriage, his widow cannot pursue a statutory loss of consortium claim, the woman told the Florida Supreme Court April 21 (Janis Kelly, et al. v. Georgia-Pacific LLC, et al., No....

Mealey's Toxic Tort/Environmental - Judge Vacates Default Judgment In Groundwater Lawsuit Against Gas Station

NEW YORK - A judge in New York federal court on April 25 vacated a default judgment against an oil company that was a third-party defendant in a groundwater contamination lawsuit on grounds that there was "excusable neglect" with regard to its failure to answer the complaint and appear in court...

Mealey's Toxic Tort/Environmental - 11th Circuit Affirms Expert, Household Duty Rulings In $3M Asbestos Verdict

BIRMINGHAM, Ala. - A federal judge in Alabama did not err in admitting expert testimony that all significant asbestos exposures contribute to mesothelioma nor in concluding that an employer can be liable for exposing household members to asbestos, an 11th Circuit U.S. Court of Appeals panel held April...

Mealey's Toxic Tort/Environmental - Man: Case Against Monsanto Should Not Be Stayed Pending Ruling On MDL Transfer

ST. LOUIS - A Missouri man who sued Monsanto Co. for allegedly causing his non-Hodgkin lymphoma (NHL) through the manufacturing and distribution of glyphosate, the active ingredient in Roundup, on April 25 filed a brief in Missouri federal court arguing that the district court should reconsider the stay...

Mealey's Toxic Tort/Environmental - Widow: Asbestos Company's Jurisdiction Arguments Produce 'Absurd' Results

MIAMI - A chemical company sued over its past asbestos dealings argues for a jurisdictional doctrine that would create an explosion of asbestos litigation and effectively leave it open to suit only in the state where it is incorporated, an "absurd" result, a widow told the 11th Circuit U.S...

Mealey's Toxic Tort/Environmental - 2 More Glyphosate Cancer Cases Against Monsanto Transferred To MDL

WASHINGTON, D.C. - The U.S. Judicial Panel on Multidistrict Litigation (JPMDL) on April 25 transferred two more glyphosate injury lawsuits to the multidistrict litigation for Roundup products liability litigation in California federal court (In re: Roundup Products Liability Litigation, No. 2741 MDL...