Mealey's Toxic Torts

  • July 30, 2021

    Some Chemical Claims By Cancer Victim Against DuPont Valid, Magistrate Judge Says

    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.

  • July 30, 2021

    Company:  Sugar Cane Injury Claims Fail Based On State Farming Act

    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).

  • July 30, 2021

    Plaintiffs In Water Pollution Case Propose $65.25M Deal With Plastics Companies

    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).

  • July 29, 2021

    Bayer Corp. Allocates $4.5B For Future Roundup Claims, Plans Supreme Court Appeal

    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).

  • July 29, 2021

    Flint Plaintiffs:  Expert Is Qualified; Attempt To Exclude Him Should Be Denied

    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.

  • July 29, 2021

    Refinery: Pollution Cases Should Be Stayed Following Chapter 11 Bankruptcy Filing

    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.

  • July 29, 2021

    Intervention In Delaware Glyphosate Case Timely And Proper, Missouri Class Says

    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.

  • July 29, 2021

    3M:  U.S. Supreme Court Ruling ‘Directly Applicable’ To AFFF Injury Class Action

    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.

  • July 28, 2021

    Personal Injury Claims Arising Out Of Lead-Smelting Plant Are 1 Occurrence

    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.

  • July 27, 2021

    Panel:  Man Alleging Chemical Injury Failed To Provide Evidence Of Causation

    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.

  • July 26, 2021

    Judge: Lago Agrio Oil Spill Attorney Steven Donziger Guilty Of Criminal Contempt

    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).

  • July 26, 2021

    Exxon, Affiliate To Pay $25M To Remediate MTBE Contamination In Puerto 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.

  • July 19, 2021

    Insurer Claims It Did Not Breach Contract In Benzene Exposure Dispute

    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.

  • July 19, 2021

    EPA Must Reconsider Safety Ruling For Methylene Chloride, 9th Circuit Says

    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.

  • July 16, 2021

    Judge Allows Pro Se Plaintiffs To Amend Chemical Injury Case Against Government

    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.

  • July 16, 2021

    Residents:  PFAS Whistleblower Should Testify; Privilege Issues No Longer Apply

    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.

  • July 15, 2021

    EPA Inspector General Opens Inquiry Into Complaint About PFAS Risk Assessment

    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).

  • July 15, 2021

    EPA To Consider Regulating PFAS, Other Chemicals In Drinking Water

    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.  

  • July 14, 2021

    Fairness Of $641.25M Flint Settlement Debated At Hearing; Resident Alleges Racism

    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.

  • July 14, 2021

    DuPont Entities To Pay $50M To State Of Delaware For PFAS Contamination

    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.