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Mealey's Toxic Tort/Environmental - Florida Appeals Panel Dismisses Engle Progeny Suit Because Of Dead Plaintiff

TALLAHASSEE, Fla. - A panel of the First District Florida Court of Appeals on Feb. 8 dismissed an Engle progeny suit because her attorneys did not have the legal authority to file and maintain a suit on behalf of a dead woman (Raymond Staines v. R.J. Reynolds Tobacco Co., et al., No. 1D16-2655, Fla....

Mealey's Toxic Tort/Environmental - Judge Affirms Denial Of Resident's Intervention Request In Contamination Suit

HAMMOND, Ind. - A federal judge in Indiana on Feb. 9 upheld a magistrate judge's ruling denying a motion to intervene filed by nearby residents of a Superfund site, holding that the request, which came two years after a settlement was reached between companies and the U.S. Environmental Protection...

Mealey's Toxic Tort/Environmental - Florida Supreme Court Declines To Review $18 Million Tobacco Verdict

TALLAHASSEE, Fla. - The Florida Supreme Court on Feb. 9 declined to review an $18 million verdict in an Engle progeny trial in which tobacco companies argued for a new trial because of the trial court's failure to dismiss a juror for prejudice against tobacco companies (R.J. Reynolds Tobacco Co....

Mealey's Toxic Tort/Environmental - Judge Affirms Exclusion Of Unchallenged Deposition Testimony In Asbestos Case

WILMINGTON, Del. - Defendants' postponement of a deposition did not waive their right to cross-examine the witness, who died two weeks after he gave truncated testimony, a Delaware judge held Feb. 7 in finding the testimony inadmissible (William Derek Sykes, et al. v. Air & Liquid Systems Corp...

Mealey's Toxic Tort/Environmental - Class, Defendants Debate Jurisdiction And Discovery In Flint Lead Water Case

DETROIT - Engineering consultants named as defendants in the lead-contaminated water crisis in Flint, Mich., and the class of plaintiffs alleging that they have been injured by that water on Feb. 9 filed briefs debating whether the federal district court has jurisdiction to order certain discovery at...

Mealey's Toxic Tort/Environmental - Shell To Pay $10M To Reduce Excessive Emissions From Industrial Flares

NEW ORLEANS - Shell Chemical LP on Feb. 12 entered into a consent decree in Louisiana federal court with the government and Louisiana Department of Environmental Quality (LDEQ) in which the company agreed to spend $10 million to reduce emissions of volatile organic compounds (VOCs) from the use of four...

Mealey's Toxic Tort/Environmental - DuPont C8 Trial Judge Approves Payment Of More Than $1.78M To Claims Administrator

COLUMBUS, Ohio - A federal judge in Ohio on Feb. 9 granted a motion by plaintiffs in the multidistrict litigation brought against E.I. du Pont de Nemours and Co. for alleged injuries connected to exposure to perfluorooctanoic acid (known as C8), approving the interim disbursement of $1,787,500 to the...

Mealey's Toxic Tort/Environmental - Agency Seeks To Rescind Most Of 2016 Methane Waste Prevention Rule

WASHINGTON, D.C. - The U.S. Bureau of Land Management (BLM) on Feb. 13 announced its proposed changes to the 2016 Waste Prevention Rule, calling for the rescission of the majority of regulations on oil and gas operators who had been required to control the venting and flaring of methane produced by drilling...

Mealey's Toxic Tort/Environmental - Groups: Review Of EPA Permit For Dumping Fracking Waste In Gulf Of Mexico Needed

NEW ORLEANS - The Center for Biological Diversity (CBD) and two other environmental advocacy groups on Feb. 13 filed a petition in the Fifth Circuit U.S. Court of Appeals contending that the Circuit Court should review an Environmental Protection Agency permit that allows oil companies to discharge toxins...

Mealey's Toxic Tort/Environmental - County Says Judge's Widow's Asbestos Action Is Untimely Under Texas Law

HOUSTON - Texas law requires that claimants give notice of a workers' compensation claim within six months of the incident, rendering untimely a woman's asbestos action filed years after her husband retired as a judge, the county told a Texas appellate court on Feb. 12 (Jefferson County, Texas...

Mealey's Toxic Tort/Environmental - Class Of Oil Platform, Processing Facility Workers Certified In Oil Spill Suit

LOS ANGELES - A California federal judge on Feb. 9 certified one of two proposed subclasses, comprising oil platform and processing facility workers, in a lawsuit against the operators of a Santa Barbara, Calif., pipeline that leaked into the Pacific Ocean in May 2015, finding that common questions predominate...

Mealey's Toxic Tort/Environmental - Insurer, Reinsurer Submit Briefs On New York High Court Decision's Application

NEW YORK - In a coverage dispute over asbestos litigation costs, a reinsurer and insurer submitted letters on Feb. 9 to the Second Circuit U.S. Court of Appeals concerning how a New York high court ruling applies to a reinsurance contract's per-occurrence liability cap (Global Reinsurance Corporation...

Mealey's Toxic Tort/Environmental - 5th Circuit Finds No Merit In Challenges To $81M CITGO Penalty

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Feb. 14 overruled arguments by the federal government and CITGO Petroleum Corp. to a federal judge in Louisiana's ruling that the company should pay an $81 million civil penalty for violating the Clean Water Act following a 2006 oil spill...

Mealey's Toxic Tort/Environmental - Whistleblower: Issues Remain About Protected Speech In Flint Water Crisis Case

CINCINNATI - A woman who was formerly the administrator for the city of Flint, Mich., and then became a whistleblower after the lead-contaminated water crisis in that city on Feb. 14 filed a brief in the Sixth Circuit U.S. Court of Appeals contending that a district court erred when it granted the city's...

Mealey's Toxic Tort/Environmental - Federal Judge Won't Extend Witness, Discovery Deadlines In Asbestos Case

KANSAS CITY, Kan. - A rail car company provided no justification for why it could not have identified an expert asbestos state-of-the-art witness prior to the passage of an already extended deadline, a federal judge in Kansas held Feb. 13 in denying a motion to extend discovery and disclosure periods...

Mealey's Toxic Tort/Environmental - Florida Appeals Panel Reverses Dismissal Of Engle Progeny Suit

MIAMI - A panel of the Third District Florida Court of Appeal on Feb. 14 found that a trial court erred in dismissing an Engle progeny suit because the 90-day period to substitute a plaintiff had been extinguished when the plaintiff's family filed a motion before an executor of the estate was named...

Mealey's Toxic Tort/Environmental - California High Court Denies Review Of $1.15B Award In Lead Paint Lawsuit

SACRAMENTO, Calif. - The California Supreme Court on Feb. 14 denied a petition for review filed by the former makers of lead-based paint who contended that the high court should hear their appeal because an appellate court "misstated and omitted material facts" when it found that there was...

Mealey's Toxic Tort/Environmental - Florida Appeals Panel Reinstates $2 Million Tobacco Verdict

WEST PALM BEACH, Fla. - A panel of Florida's Fourth District Court of Appeal on Feb. 14 affirmed a trial court's decision to allow a plaintiff's expert to testify and reinstated the full $2 million verdict in an Engle progeny suit after finding that the court erred by reducing the award based...

Mealey's Toxic Tort/Environmental - Navajo Nation, New Mexico Claims Against EPA Contractor Survive Dismissal Bid

ALBUQUERQUE, N.M. - A federal judge on Feb. 12 mostly declined to dismiss claims leveled by the Navajo Nation and state of New Mexico against a company that worked on the Gold King Mine, where a 3-million-gallon spill in 2015 turned rivers yellow with acid mine drainage and 800,000 pounds of heavy metals...

Mealey's Toxic Tort/Environmental - Judge Grants Directed Verdict For Defense In Tobacco Lawsuit

MIAMI - Following the closing arguments in an Engle progeny suit on Feb. 15, a judge in Florida state court granted a tobacco company's oral motion for directed verdict in a punitive damages-only trial (Joyce Hardin v. R.J. Reynolds Tobacco Co., No. 07-46973-CA-22, Fla. 11th Jud. Cir. Miami-Dade...

Mealey's Toxic Tort/Environmental - Crane Co. Says Judgment Warranted Even After 3rd Circuit Bare-Metal Ruling

WILMINGTON, Del. - Recent Third Circuit precedent muddies the bare-metal defense, but ultimately does not save a man's case alleging exposure to third-party asbestos parts added to Crane Co. valves, the company argues in a supplemental brief filed with a judge in the U.S. District Court for the District...

Mealey's Toxic Tort/Environmental - Wisconsin Supreme Court Grants Review After Lower Court Summary Judgment Ruling

MILWAUKEE - The Wisconsin Supreme Court agreed to wade into an asbestos action on Feb. 14, accepting a case in which the lower court found that a man's failure to recall specific worksites was not fatal to his action (Russell Robertson, et al. v. Cleaver-Brooks Inc., et al., No. 2015AP2486, Wis....

Mealey's Toxic Tort/Environmental - City Sues Chemical Companies For Damages To Groundwater From Fire-Fighting Foam

BOSTON - The city of Westfield, Mass., on Feb. 14 filed a lawsuit in Massachusetts federal court against 3M Co. and other chemical companies, seeking to recover costs associated with soil and groundwater cleanup due to contamination from the defendants' manufacture and use of aqueous film forming...

Mealey's Toxic Tort/Environmental - Supreme Court Vacates, Remands Jurisdiction Issue In Oklahoma Asbestos Case

WASHINGTON, D.C. - The Supreme Court on Feb. 20 vacated a ruling finding jurisdiction in Oklahoma over a Texas-based asbestos defendant and the resulting $6 million verdict and remanded the case for further consideration in light of recent precedent on the issue. In its petition, the drywall materials...

Mealey's Toxic Tort/Environmental - Cert Denied For Ruling On Causation Expert In Nuclear Facility Injury Case

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 20 denied a petition for a writ of certiorari filed by 137 residents of a Pennsylvania town who say that illegal releases of radioactive materials from a nearby plant caused their cancers and the deaths of their family members and that a federal appeals...