LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - Parties Debate Expert Witness Exclusion Before 9th Circuit In Groundwater Lawsuit

PASADENA, Calif. - Attorneys for the City of Pomona, Calif., and a chemical company debated before the Ninth Circuit U.S. Court of Appeals on May 10 whether the city's groundwater contamination lawsuit should be reopened due to the city's allegation that a district court improperly excluded some...

Mealey's Toxic Tort/Environmental - Delaware Judge Won't Reconsider Manufacturer Take-Home Duty Ruling

WILMINGTON, Del. - A woman allegedly exposed to asbestos carried home on her husband's clothing has not alleged a change in law or newly discovered evidence that warrants revisiting a ruling that a manufacturer is not liable for her injuries, a Delaware state judge held May 11 (Elizabeth Ramsey,...

Mealey's Toxic Tort/Environmental - 2nd Circuit Refuses To Overturn Ruling That Lessees Were Not Site Owners

NEW YORK - A Second Circuit U.S. Court of Appeals panel on May 11 refused to overturn the ruling in Commander Oil Corp. v. Barlo Equip. Corp., 215 F.3d 321, 329 (2000), which sets out when a lessee can be considered an owner of a property under the Comprehensive Environmental Response, Compensation,...

Mealey's Toxic Tort/Environmental - Court Questions Duty Precedent On Way To Vacating $4.6 Million Asbestos Award

JACKSON, Tenn. - A divided Tennessee Court of Appeals panel vacated a $4.6 million take-home asbestos verdict May 12, finding that the jury instructions improperly allowed a jury to find negligence without first finding a defective product. All three judges questioned precedent governing how the state's...

Mealey's Toxic Tort/Environmental - Florida Jury Awards $6.8 Million To Widow In Tobacco Suit

ORLANDO, Fla. - A Florida state court jury on May 12 awarded the widow of a smoker $5 million in punitive damages in an Engle progeny suit, bringing the total award to $6.8 million (Mary Sheffield v. R.J. Reynolds Tobacco Co., No. 2013-CA-009469, Fla. 9th Jud. Cir., Orange Co.).

Mealey's Toxic Tort/Environmental - Chevron: No Legal Issue In Lago Agrio Case Warrants High Court Review

WASHINGTON, D.C. - Chevron Corp. on May 15 filed a brief in the U.S. Supreme Court arguing that, with regard to the petition for writ of certiorari filed by a group of Ecuadorian residents and their attorney who challenge a fraud ruling with regard to an $18.5 billion judgment they previously won against...

Mealey's Toxic Tort/Environmental - 5th Circuit: Shrimp Processor Was A Failed Business, Should Repay $1M Payout

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on May 12 affirmed a federal judge in Louisiana's ruling ordering a shrimp-processing company to repay more than $1 million it received from the Deepwater Horizon Economic Claims Center (DHECC), finding that the company misrepresented that...

Mealey's Toxic Tort/Environmental - Majority Of Colorado High Court Finds Blunt Wraps Taxable

DENVER - A Colorado Supreme Court majority on May 15 determined that blunt wraps are a tobacco product and subject to taxation under Colorado's tobacco tax because they are a "kind" or "form" of tobacco and fall within "the plain language of 'tobacco products'"...

Mealey's Toxic Tort/Environmental - Talc Company Accused Of Fraud Doesn't Need Discovery, Asbestos Plaintiffs Argue

NEWARK, N.J. - Discovery into underlying asbestos claims is not warranted in a class action alleging that a talc company destroyed evidence relevant to asbestos claims because the case involves the scheme to protect the company from liability, not the tort actions, plaintiffs told a federal judge in...

Mealey's Toxic Tort/Environmental - Justice Receives Briefing On Import Of New York Asbestos Causation Ruling

NEW YORK - Parties filing post-trial motions after a $7 million asbestos-tainted talc verdict in New York briefed a justice on May 15 over whether a February ruling involving the state's causation standard eliminates the ability to prove asbestos cases using cumulative exposure and visible dust evidence...

Mealey's Toxic Tort/Environmental - 5th Circuit: Administrator Did Not Misapply Agreement When Denying Grocer's Claim

NEW ORLEANS - A federal judge in Louisiana did not abuse his discretion when refusing to review the denial of a food grocer's claim for $2.4 million under the Deepwater Horizon Economic and Property Damages Class Action Settlement, a Fifth Circuit U.S. Court of Appeals panel ruled May 18, holding...

Mealey's Toxic Tort/Environmental - Judge Finds Jurisdiction Lacking In Asbestos Case Against German Auto Maker

MIAMI - A German automaker's contacts with Florida are insufficient grounds on which to exercise jurisdiction over the company, a Florida appeals court held May 17 (Volkswagen Aktiengesellschaft d/b/a Volkswagen AG v. Carol Jones, et al., No. 2D15-5716, Fla. App., 2nd Dist.).

Mealey's Toxic Tort/Environmental - Court Finds Work Testimony, Presence Of Asbestos Establishes Exposure

TRENTON, N.J. - Evidence that a man worked with asbestos and that Union Carbide Corp. supplied more than 40,000 pounds of the mineral to the facility at which he worked are enough to establish exposure, even without a direct link, a New Jersey appeals court held in reversing judgment May 17 (Thomasina...

Mealey's Toxic Tort/Environmental - 11th Circuit Finds Federal Law Does Not Preempt Engle Progeny Claims

ATLANTA - A majority of the 11th Circuit U.S. Court of Appeals in an en banc decision on May 18 ruled that federal law does not preempt smokers from filing negligence suits against tobacco companies and affirmed a $2.75 million verdict in an Engle progeny suit (Theresa Graham v. R.J. Reynolds Tobacco...

Mealey's Toxic Tort/Environmental - Firms: Circuit Split 'Stark And Wide'; High Court Must Hear Flint Water Lawsuit

WASHINGTON, D.C. - The engineering firms asking the U.S. Supreme Court to hear their case against residents of Flint, Mich., regarding liability for the lead-contaminated water crisis in that city on May 22 filed their reply brief contending that the Sixth Circuit U.S. Court of Appeals' decision...

Mealey's Toxic Tort/Environmental - 5th Circuit: Some Methods Of Calculating Claims Are Inconsistent With Agreement

NEW ORLEANS - Four industry specific methodologies (ISMs) for calculating claimant compensation under the Court Supervised Settlement Program for the Deepwater Horizon Economic and Property Damages Class Action Settlement are inconsistent with the agreement, a Fifth Circuit U.S. Court of Appeals panel...

Mealey's Toxic Tort/Environmental - Jury Awards $2.4 Million To Former Smoker In Engle Progeny Suit

MIAMI - A Florida state court jury on May 19 awarded a woman who developed lung cancer from smoking $1.3 million in punitive damages, bringing the total award to $2.4 million in the suit where she claimed that the misinformation spread about the harmfulness and addictive nature of cigarettes by a tobacco...

Mealey's Toxic Tort/Environmental - Mississippi Supreme Court Reverses $14M Silicosis Verdict As Time-Barred

JACKSON, Miss. - A man's chronic obstructive pulmonary disease (COPD) diagnosis started the clock on the statute of limitations and bars his silicosis claim against a respirator manufacturer, a divided Mississippi Supreme Court held May 18 in reversing a $14 million verdict (American Optical Corp...

Mealey's Toxic Tort/Environmental - Residents: Groundwater Case Against Fire-Suppressant Foam Makers, Sellers Valid

PHILADELPHIA - A group of Pennsylvania residents on May 22 filed a brief in Pennsylvania federal court arguing that their groundwater contamination lawsuit against a group of chemical companies should not be dismissed because their claims are "proper" and are not barred by the doctrine of primary...

Mealey's Toxic Tort/Environmental - Florida Judge Declares Mistrial In Engle Progeny Lawsuit

JACKSONVILLE, Fla. - A Florida state court judge on May 23 declared a mistrial in an Engle progeny suit in which a woman claimed that a tobacco company hid the dangers of smoking from her husband, which led to his lung cancer and death, because the judge gave contradictory jury instructions that may...

Mealey's Toxic Tort/Environmental - Louisiana Court Adds $1M To Couple's 'Too Low' Asbestos Verdict

NEW ORLEANS - Evidence presented at trial and past jury awards in mesothelioma cases support raising a jury's noneconomic damages award to $1.5 million from $500,000, a Louisiana appeals court held May 24 (Frank S. Romano Sr. and Lynn Rome Romano v. Metropolitan Life Insurance Co., et al., No. 2016...

Mealey's Toxic Tort/Environmental - ConocoPhillips To Pay $39M To Settle MTBE Lawsuit

NEW YORK - A federal judge in New York on May 23 approved a $39 million settlement deal under which ConocoPhillips, a defendant in the multidistrict litigation for groundwater contamination from methyl tertiary butyl ether (MTBE), will be released from the litigation (In Re: Methyl Tertiary Butyl Ether...

Mealey's Toxic Tort/Environmental - Judge: Tribes Must Follow Cigarette Trafficking Act's Record-Keeping Regulations

WASHINGTON, D.C. - The record-keeping provisions of the Contraband Cigarettes Trafficking Act (CCTA) applies to tribal entities for tobacco sales on as well as off the reservation, a District of Columbia federal judge ruled May 24 (Ho-Chunk, Inc., et al. v. Jeff Sessions, in his official capacity as...

Mealey's Toxic Tort/Environmental - Federal Judge Orders UPS To Pay More Than $240M For Shipping Untaxed Cigarettes

NEW YORK - A federal judge in New York on May 25 ordered United Parcel Service Inc. to pay a total of $246,975,614 after finding in March that UPS knowingly shipped cigarettes to unauthorized sellers and on behalf of those sellers to residents in New York (The State of New York, et al. v. United Parcel...

Mealey's Toxic Tort/Environmental - Consumers Sue GM, Parts Maker Over Emissions Defeat Device

DETROIT - Consumers of diesel-model Silverado and Sierra trucks made by General Motors LLC from 2011 to 2016 filed a class action May 25 in Michigan federal court against the automaker and the manufacturer of a part that allegedly allows the vehicles to cheat emissions tests, claiming that the car maker...