BUFFALO, N.Y. — A federal magistrate judge in New York on July 21 issued a report in a chemical injury lawsuit recommending that claims under the National Institute for Occupational Safety & Health (NIOSH) and those seeking punitive damages should be dismissed, but finding that all other claims against E.I. DuPont de Nemours & Co. and its affiliate remain valid.
MIAMI — A defendant in a chemical exposure lawsuit against Florida sugarcane growers on July 16 filed an answer in Florida federal court denying all allegations and arguing that the claims are barred by, among other things, the Florida Right to Farm Act (FRFA).
ALBANY, N.Y. — A class of residents on July 21 filed a brief in New York federal court in support of a $65,250,000 proposed settlement of their claims against Saint-Gobain Performance Plastics Corp. and other companies the class contends are guilty of polluting their drinking water with perfluorooctanoic acid (PFOA).
LEVERKUSEN, Germany — Bayer Corp. on July 29 announced that it has allocated $4.5 billion to cover glyphosate cancer litigation against its subsidiary Monsanto Co., which manufactures the herbicide Roundup, as it prepares to file a petition for a writ of certiorari with the U.S. Supreme Court in August seeking to overturn a Ninth Circuit U.S. Court of Appeals ruling that held that a glyphosate cancer victim’s claims against the company are not preempted by the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA).
ANN ARBOR, Mich. — Plaintiffs in the Flint water crisis litigation on July 29 filed a brief in Michigan federal court contending that a defendant’s objection to their expert witness is not based on his qualifications and instead is because the defendant “merely disagrees” with the expert’s conclusion.
ST. CROIX, Virgin Islands — On July 26, a refinery filed a notification in federal court in the Virgin Islands announcing that it has filed for Chapter 11 bankruptcy in Texas and that it is seeking declaratory and injunctive relief to enjoin further prosecution of class actions alleging contamination of drinking water in the Virgin Islands.
WILMINGTON, Del. — Members of a class in Missouri on July 26 filed a reply brief in Delaware federal court contending that they should be permitted to intervene in a Delaware lawsuit related to injuries allegedly caused by glyphosate, the active ingredient in the herbicide Roundup, on grounds that their motion was timely and there are “multiple red flags of inadequate representation” on which they should be heard.
COLUMBUS, Ohio — On July 28, 3M Co. moved in Ohio federal court seeking leave to file notice of supplemental authority in a chemical exposure case related to aqueous film forming foam (AFFF), telling a district court that the U.S. Supreme Court’s decision in TransUnion LLC v. Ramirez is “directly applicable” to the plaintiff’s motion for class certification.
ST. LOUIS — A Missouri federal judge on July 25 determined that underlying personal injury claims arising out of an insured’s lead-smelting operations constitute one occurrence under four policies issued by an insurer because all of the underlying claims arose out of the insured’s operation of a lead-smelting plant.
HOUSTON — A Texas appellate panel on July 27 affirmed a trial court’s judgment and held that a municipality was entitled to summary judgment dismissal of a man’s chemical injury lawsuit because he failed to establish a genuine issue of material fact in support of his case.
NEW YORK — A federal judge in New York on July 26 ruled that Steven R. Donziger, the attorney who won an $18.5 billion environmental contamination judgment against Chevron Corp. in a court in Ecuador for injuries only to have it reversed, is guilty of criminal contempt for violating court orders pertaining to the forensic inspection of his mobile devices and the surrender of his passport, which were ordered in connection with a judgment against him under the Racketeer Influenced and Corrupt Organizations Act (RICO).
SAN JUAN, Puerto Rico — Exxon Mobil Corp. and an affiliate company on July 21 agreed to pay the Commonwealth of Puerto Rico $25 million to settle claims related to the remediation of methyl tertiary butyl ether (MTBE) contamination in groundwater.
WILMINGTON, Del. — An insurer claims in a July 16 answer to a complaint that it did not breach its contract in handling its insureds’ claim seeking coverage for underlying benzene exposure claims.
SAN FRANCISCO — A panel of the Ninth Circuit U.S. Court of Appeals on July 14 remanded to the U.S. Environmental Protection Agency a matter involving its risk evaluation for methylene chloride, saying that the agency needs to reconsider its determination that the chemical poses no unreasonable risk.
GREENBELT, Md. — A federal judge in Maryland on July 14 dismissed without prejudice a chemical injury lawsuit brought against the U.S. government for exposure that allegedly took place in a medical center run by the U.S. Department of Defense (DOD), but allowed the plaintiffs to file an amended complaint given their pro se status.
BURLINGTON, Vt. — Vermont residents on June 24 filed a brief in Vermont federal court contending that a former attorney for Saint-Gobain Performance Plastics Corp. who filed a whistleblower complaint with the U.S. Occupational Safety and Health Administration contending that he was wrongfully terminated in retaliation for alerting the company to responsibilities it had related to drinking water contamination from perfluorooctanoic acid (PFOA) should be permitted to testify at a deposition because Saint-Gobain’s assertions of privilege no longer apply.
WASHINGTON, D.C. — The Office of Inspector General (OIG) for the U.S. Environmental Protection Agency on July 14 announced that he is initiating an inquiry into a hotline complaint regarding chemical risk assessments conducted under the Toxic Substances Control Act (TSCA) related to per- and polyfluoroalkyl substances (PFAS).
WASHINGTON, D.C. — The U.S. Environmental Protection Agency on July 12 announced the draft version of the Contaminant Candidate List 5 (CCL 5), which lists per- and polyfluoroalkyl substances (PFAS) and other chemicals in drinking water that the agency may start regulating.
FLINT, Mich. — During two days of hearings on the proposed $641.25 million class settlement in the Flint water crisis, attorneys debated the fairness of the agreement and the safety of bone lead scans. On July 13, one Flint resident testified to the judge presiding over the litigation that the deal “borders on racism” because of the small amount of money it would allocate to each claimant.
WILMINGTON, Del. — The Delaware Department of Justice on July 13 announced that it has reached a deal with E.I. du Pont de Nemours and Co. and its affiliates in which the companies will pay $50 million to resolve their responsibilities for damages caused by release of per- and polyfluoroalkyl substances (PFAS) into the environment.