LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - Magistrate Recommends Approving Settlement Over Racing Association's Discharges

NEW YORK - A federal magistrate judge in New York on Feb. 3 recommended approving a settlement agreement between the federal government and the New York Racing Association over the association's discharges of wastewater into New York state's and the city of New York's sewer systems without...

Mealey's Toxic Tort/Environmental - New York Justice Orders Production Of Data In Native Format, Metadata

NEW YORK - Production of electronic documents in an asbestos dispute do not satisfy discovery requests where they are not in the requested format and lack metadata, a New York justice held in an opinion posted Feb. 3 (All Craft Fabricators Inc. v. ATC Assoc. Inc.,, No. 156897/13, N.Y. Sup., New York...

Mealey's Toxic Tort/Environmental - Parties Settle Case After Judge Excludes Testimony From Diagnosing Doctors

NEW ORLEANS - A federal judge in Louisiana dismissed a case on Feb. 3 after being informed the parties settled, just a day after the judge excluded treating physicians from offering expert testimony regarding asbestos's role in the plaintiff's asbestosis and lung cancer (Jesse Frank Sheppard...

Mealey's Toxic Tort/Environmental - Mexican Farm Workers Settle Employment Suit With Tobacco Farmer

LEXINGTON, Ky. - A federal judge in Kentucky on Feb. 6 signed a final order canceling a trial scheduled for March following an $81,308.71 settlement between a group of Mexican migrant workers who claimed that the owners of farms they worked at underpaid them and violated federal labor laws (Cecillo Gutierrez...

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

SEBRING, Fla. - A Florida state jury on Feb. 8 rendered a verdict in favor of R.J. Reynolds Tobacco Co. in an Engle progeny trial after it found that a woman who was addicted to cigarettes knew or should have known that she had chronic obstructive pulmonary disease (COPD) by the Engle claim cutoff date...

Mealey's Toxic Tort/Environmental - Magistrate Judge: Information Created During ADR Process Is Not Discoverable

NEWARK, N.J. - A federal magistrate judge in New Jersey on Feb. 7 denied a motion to compel filed by a third-party defendant company in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) lawsuit seeking information from another third party, holding that information created...

Mealey's Toxic Tort/Environmental - 5th Circuit: Auto Parts Stores Were Not Tourism Businesses For Settlement Purposes

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel ruled Feb. 9 that a federal judge in Louisiana did not err when refusing to review the denial of five auto parts stores' requests for compensation under the Deepwater Horizon Economic and Property Damages Settlement, holding that the Court...

Mealey's Toxic Tort/Environmental - Dearth Of Causation Evidence Dooms Most Of Widow's Claims, Magistrate Says

WILMINGTON, Del. - A widow's failure to establish a genuine issue of material fact as to whether her late husband was exposed to the asbestos products of three defendant companies is fatal to all but one of her claims against the companies, a Delaware federal magistrate judge ruled Feb. 8 in recommending...

Mealey's Toxic Tort/Environmental - Federal Judge Remands Cigarette False Advertising Suit To D.C. Superior Court

WASHINGTON, D.C. - A federal judge in the District of Columbia on Feb. 8 remanded a false advertising suit against Santa Fe Natural Tobacco Co. Inc. to a lower court after finding that it would be improper to consider the future brand value of its Natural American Spirit cigarettes when determining the...

Mealey's Toxic Tort/Environmental - Judge Awards $22M To Seller Over Property Buyer's Failure To Continue Cleanup

SEATTLE - A federal judge in Washington on Feb. 10 entered default judgment against a property buyer that has failed to continue environmental remediation of a 16-acre site it purchased from a plaintiff company in 2014 and awarded the plaintiff $22 million in compensatory damages (8th Avenue Terminals...

Mealey's Toxic Tort/Environmental - 22 Plaintiffs: California Utility Is Liable For Arsenic, Uranium In Drinking Water

SANTA ANA, Calif. - Multiple California residents, in separate lawsuits based on a boilerplate complaint, on Feb. 13 filed their third amended complaints against Pacific Gas & Electric Co. (PGE) alleging that they had suffered "irreparable harm health injuries as a direct result of being poisoned...

Mealey's Toxic Tort/Environmental - Judge: Monsanto's Claim For Recovery Of Costs Related To PCB Contamination Fails

SPOKANE, Wash. - A federal judge in Washington on Feb. 14 dismissed a counterclaim brought by Monsanto Co. and its affiliates against the city of Spokane, ruling that the company failed to state a claim for recovering costs from the city for remediating its groundwater, which is contaminated with polychlorinated...

Mealey's Toxic Tort/Environmental - Judge: Jury Should Decide If Asbestos Was Specified By Accused Company

COLUMBIA, S.C. - A federal judge in South Carolina on Feb. 13 denied a valve company's motion for summary judgment, holding that it must be left to a jury to decide whether the company specified the use of asbestos in its valves and whether that asbestos was a substantial cause of a former naval...

Mealey's Toxic Tort/Environmental - Judge: Claims Processor Must Not Contact Nuclear Waste Settlement Class Members

DENVER - A federal judge in Colorado on Feb. 14 ordered a third-party claims-processing company to cease communications with members of a settlement class in connection with a $375 million deal between residents and Dow Chemical Co. related to injuries suffered from exposure to nuclear waste (Merilyn...

Mealey's Toxic Tort/Environmental - Panel Reverses, Says Lead Paint Poisoning Claim Should Be Dismissed

NEW YORK - A New York appellate court on Feb. 10 reversed a trial court ruling and concluded that a realty management company was entitled to summary judgment on a lead-poisoning claim on grounds that the plaintiff failed to show that his cognitive deficits were caused by exposure to lead-based paint...

Mealey's Toxic Tort/Environmental - Judge Finds Proposed Class Has Standing To Sue Over Defeat Devices

BAY CITY, Mich. - A federal judge in Michigan on Feb. 14 granted in part and denied in part a motion to dismiss a class action lawsuit of purchasers of 2015 Chevrolet Cruze diesel vehicles that contained a defeat device designed to cheat emissions tests, finding that the plaintiffs had standing and that...

Mealey's Toxic Tort/Environmental - Arizona High Court Considers Asbestos Take-Home Exposure Case

PHOENIX - The Arizona Supreme Court on Feb. 14 agreed to hear a woman's case claiming that state law imposes liability for take-home asbestos exposures, according to the court's docket (Mary Quiroz, et al. v. Alcoa Inc., et al., No. 16-0248, Ariz. Sup.; 2016 AZ S. Ct. Briefs LEXIS 221).

Mealey's Toxic Tort/Environmental - Flint Water Crisis Defendants: Court Should Consider Rulings From Other Courts

GRAND RAPIDS, Mich. - Some of the defendants sued by residents of Flint, Mich., in connection with that city's lead-contaminated drinking water crisis on Feb. 15 filed a brief in Michigan federal court contending that the court should consider decisions issued in other cases pertaining to the Flint...

Mealey's Toxic Tort/Environmental - Florida Jury Awards $5.4 Million To Family In Engle Progeny Suit

ST. PETERSBURG, Fla. - A Florida jury on Feb. 14 awarded a total of $5.4 million to a family after finding that two tobacco companies were responsible for a woman's addiction to cigarettes, which led to her lung cancer and death (John Brown v. Philip Morris USA Inc., et al., No. 15-002451-CI, Fla...

Mealey's Toxic Tort/Environmental - Judge In C8 Injury MDL Vacates Orders In Light Of Global Resolution Of Claims

COLUMBUS, Ohio - The federal judge in Ohio presiding over the multidistrict litigation against E.I. du Pont de Nemours and Co. for alleged injuries connected to exposure to perfluorooctanoic acid (known as C8) on Feb. 14 issued an order vacating all current scheduling orders because the parties have...

Mealey's Toxic Tort/Environmental - Groundwater Contamination Case Should Be Stayed Pending Appeal, Groups Argue

TRENTON, N.J. - Environmental advocacy groups on Feb. 14 filed a brief in New Jersey federal court contending that the court should stay their groundwater contamination case against NL Industries Inc. pending appeal (Raritan Baykeeper Inc., et al. v. NL Industries Inc., et al., No. 09-4117, D. N.J.)...

Mealey's Toxic Tort/Environmental - Cancer Case Against Monsanto For Glyphosate Exposure Sent To Roundup MDL

WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation on Feb. 15 transferred to the multidistrict litigation in the U.S. District Court for the Northern District of California the case of a man who contends that his exposure to glyphosate, the active ingredient in the herbicide Roundup, caused...

Mealey's Toxic Tort/Environmental - Judge Finds Property Owner Can Pursue Cost-Recovery Claims, But Not Nuisance

DAYTON, Ohio - A federal judge in Ohio on Feb. 15 ruled that Garrett Day LLC and the Ohio Development Services Agency (DSA) can pursue claims for cost recovery under Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Ohio Volunteer Action Program...

Mealey's Toxic Tort/Environmental - Justice Finds No Evidence Of Continuity Of Ownership, Grants Judgment

NEW YORK - Despite the potential unfairness given the facts of a case, asbestos plaintiffs must demonstrate a continuity of ownership to show that an asset purchase constituted a de facto merger until a New York appellate court changes the standard, a New York justice held Feb. 15 in granting summary...

Mealey's Toxic Tort/Environmental - Judge Dismisses 1 Cause Of Action In Groundwater Case, Says Other Claims Stand

MINNEAPOLIS - A federal judge in Minnesota on Feb. 15 dismissed one cause of action but sustained the majority of a city's groundwater contamination lawsuit against 3M Co., finding that the company's argument that the city has not been deprived of its ability to use the groundwater is "unavailing"...