LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - Judge: Allegations Of Geological Survey Asbestos Didn't Put Defendants On Notice

PITTSBURGH - A generic allegation of asbestos exposure while working at a U.S. Geological Survey facility in Colorado did not put defendants on notice that the facility was in a federal enclave, a Pennsylvania federal judge held June 29 (Harald H. Mehnert and Brigette E. Mehnert v. Agilent Technologies...

Mealey's Toxic Tort/Environmental - 5th Circuit Finds Service Station's Business Loss Claims Barred By Maritime Law

NEW ORLEANS - A federal judge in Louisiana did not err when dismissing a lawsuit brought by two service stations that claimed they suffered economic losses following the explosion of the Deepwater Horizon oil rig and ensuing oil spill in the Gulf of Mexico, a Fifth Circuit U.S. Court of Appeals panel...

Mealey's Toxic Tort/Environmental - D.C. Circuit: Tribal Corporations Not Exempt From Record Keeping

WASHINGTON, D.C. - The record-keeping requirements of the Contraband Cigarette Trafficking Act (CCTA) "do not turn on any territorial determination," and therefore, businesses incorporated under the laws of the Winnebago Tribe of Nebraska must still maintain data on the purchasers of cigarettes...

Mealey's Toxic Tort/Environmental - New Jersey Court Reverses $7.5M Asbestos Verdict Against Cement Supplier

TRENTON, N.J. - Insufficient evidence links an asbestos cement company to the boiler manufacturer on whose products a man worked, a New Jersey appeals court held July 9 in reversing a $7.5 million verdict (William P. Condon, et al. v. Advance Thermal Hydronics Inc., et al., No. A-3642-14T1, N.J. Super...

Mealey's Toxic Tort/Environmental - Maryland Court Affirms Witness Exclusion, Resulting $8 Million Asbestos Verdict

BALTIMORE - A judge properly excluded untimely testimony that an asbestos defendant appears to have deliberately concealed, and the resulting $8 million verdict is supported by sufficient evidence, a Maryland appeals court held July 6 (Lloyd E. Mitchell Inc. v. Patrick Rossello, No. 1191 September Term...

Mealey's Toxic Tort/Environmental - D.C. Federal Judge Grants Injunction, Cites Becerra In Deeming Rule Case

WASHINGTON, D.C. - In a July 5 order, a District of Columbia federal judge wrote that the recent U.S. Supreme Court decision in National Institute of Family and Life Advocates v. Becerra reinforces a conclusion that the U.S. Food and Drug Administration should be enjoined from enforcing its "Deeming"...

Mealey's Toxic Tort/Environmental - CERCLA Allows Government's Request For Mining Company's Financial Information

PARK CITY, Utah - A federal judge in Utah on July 9 granted the federal government's motion for partial summary judgment in a suit brought under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), finding that the statute allows the government to seek financial information...

Mealey's Toxic Tort/Environmental - Refineries' Owners' Amended Suit Sufficiently Alleges They Incurred Cleanup Costs

BAY CITY, Mich. - A federal judge in Michigan on July 10 ruled that an amended complaint filed by the owners of 12 refineries that were in operation during World War II that are seeking to recover response costs under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) sufficiently...

Mealey's Toxic Tort/Environmental - 2 Companies Agree To Spend $100M To Clean Up Dioxin Contamination

PROVIDENCE, R.I. - Two Stanley Black & Decker Inc. subsidiaries on July 9 agreed to spend approximately $100 million to clean up dioxin contamination in sediment and soil at a Rhode Island Superfund site and along the Woonasquatucket River, according to a consent decree filed in Rhode Island federal...

Mealey's Toxic Tort/Environmental - Judge: Glyphosate Plaintiffs' Experts Are Admissible In Case Against Monsanto

SAN FRANCISCO - A federal judge in California on July 10 ruled that the experts for plaintiffs who have sued Monsanto Co. in multidistrict litigation related to the herbicide Roundup should be admitted because the plaintiffs have presented evidence from which a reasonable jury could conclude that glyphosate...

Mealey's Toxic Tort/Environmental - New York Panel Suspends Attorney's License In Lago Agrio Case Against Chevron

NEW YORK - A New York appellate panel on July 10 suspended the license to practice law for Steven R. Donziger, the attorney who represented a group of Ecuadorian residents who won an $18.5 billion judgment against the company in a court in Ecuador for injuries only to have it reversed (In the Matter...

Mealey's Toxic Tort/Environmental - New York Justice Extinguishes Successor Claims In Asbestos-Talc Case

NEW YORK - Nothing in a sale agreement or the business operations of three talc companies suggests ignoring New York's aversion to successor liability and finding two liable for the asbestos claims of the third, a New York justice held in an opinion posted July 10 (Steven Andrew Cohen, et al. v....

Mealey's Toxic Tort/Environmental - Asbestos Case Against Talc Supplier Doesn't Belong In Florida, Judge Says

ORLANDO, Fla. - A raw talc supplier's one month of sales to a cosmetic talcum powder manufacturer and its registration to do business in Florida do not create sufficient contacts for personal jurisdiction, a federal judge held July 10 (Susan Stevenson v. Cyprus Amax Minerals Co., et al., No. 17-417...

Mealey's Toxic Tort/Environmental - Conflicting Boiler Descriptions Can't Free Firm From Asbestos Case, Justice Says

NEW YORK - A man's testimony recalling the presence of a defendant at industrial worksites overcomes a boiler company's protestations that its products never contained tubes and looked nothing like the ones described by the decedent, a New York justice held in an opinion posted July 11 (Barbara...

Mealey's Toxic Tort/Environmental - Jury Awards $4.69B After Finding That Asbestos Tainted Johnson & Johnson Talc

ST. LOUIS - A St. Louis jury awarded 22 women $4.69 billion in damages from Johnson & Johnson after concluding that the company's baby powder contained asbestos and caused their ovarian cancer. The July 12 award consists of $4.14 billion in punitive damages and $550 million in other damages,...

Mealey's Toxic Tort/Environmental - Court: Exposure, Causation Evidence Lacking In Workers' Comp Appeal

TRENTON, N.J. - Insufficient evidence of exposure to asbestos or its role in a man's lung cancer supports a widow's workers' compensation claim, a New Jersey appeals court held Jul 11 (Michelle Lomet, et al. v. Lawes Coal Co., No. A-1169-16T1, N.J. Super., App. Div., 2018 N.J. Super. Unpub...

Mealey's Toxic Tort/Environmental - Colorado Residents: 3M Co.'s Attempt To Exclude Expert In Tainted Water Case Fails

DENVER - The plaintiffs in the lead case against 3M Co. and other chemical manufacturers in Colorado federal court on July 11 filed a brief arguing that the defendants' motion to exclude the opinions of their expert in the groundwater contamination case related to aqueous film forming foam (AFFF...

Mealey's Toxic Tort/Environmental - Citing Schoeff, Florida Panel Orders $37.5 Million Tobacco Verdict Reinstated

WEST PALM BEACH, Fla. - The Fourth District Florida Court of Appeal on July 11 directed a trial court to reinstate the full $37.5 million award rendered by jurors following a third trial in an Engle progeny case against R.J. Reynolds Tobacco Co., pursuant to the Florida Supreme Court's ruling in...

Mealey's Toxic Tort/Environmental - Judge: Sherwin-Williams Co. Not Entitled To Dismissal In Lead-Paint Injury Cases

MILWAUKEE - A federal judge in Wisconsin on July 13 denied a motion to dismiss a group of lead-paint injury lawsuits as they pertain to the Sherwin-Williams Co., concluding that the plaintiffs did not need to establish a prerequisite need for applying the risk contribution theory with regard to Sherwin...

Mealey's Toxic Tort/Environmental - Plaintiff Prevails In Florida Tobacco Case Against Philip Morris, R.J. Reynolds

FORT LAUDERDALE, Fla. - A Florida jury in an Engle progeny case rendered a punitive damages verdict of $2.9 million on July 16, adding to the $3 million it already awarded a lung cancer widower on June 30 (Myron Kaplan v. R.J. Reynolds Tobacco Company, et al., No. 08-80000 (19), Fla. Cir., Broward Co...

Mealey's Toxic Tort/Environmental - 3M, DuPont, Others Deny Groundwater Claims, Say Couple Fails To State Case

ALBANY, N.Y. - The four companies that manufactured perfluorooctanoic acid (PFOA), including 3M Co. and E.I. du Pont de Nemours & Co., being sued by a couple who contends that the companies are liable for cancer and other injuries due to groundwater contamination filed separate answers on July 13...

Mealey's Toxic Tort/Environmental - Judge Refuses To Vacate Ruling That Cleanup Agreements Can Offset Each Other

GREEN BAY, Wis. - A federal judge in Wisconsin on July 12 refused to reconsider a Feb. 5 ruling denying in part a motion for partial summary judgment filed by the federal government and state of Wisconsin in a suit to recover more than $33 million in cleanup costs from the Lower Fox River Superfund site...

Mealey's Toxic Tort/Environmental - Groups: Injunction Proper In Groundwater Case Involving Marina On Raritan River

TRENTON, N.J. - Two environmental groups on July 16 filed a brief in New Jersey federal court contending that their motion for a preliminary injunction should be granted against NL Industries Inc. related to claims that the company and others violated the Clean Water Act (CWA) when they discharged pollutants...

Mealey's Toxic Tort/Environmental - Magistrate Orders Production Of Communications Between Company Experts, Staff

SPRINGFIELD, Ill. - A federal magistrate judge in Illinois on July 13 ordered a power company found liable for violating the Clean Air Act (CAA) to produce communications between two of its testifying experts and their staff, finding that the information is not subject to blanket protection under the...

Mealey's Toxic Tort/Environmental - Government Report: 43 Percent Of School Districts Have Water Tainted With Lead

WASHINGTON, D.C. - The U.S. Government Accountability Office (GAO) released a report on July 17 in which it estimated that 43 percent of school districts in the United States, which serve 35 million students, have drinking water that contains lead.