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.
NEW YORK — The attorney for Steven R. Donziger, the attorney who won an $18.5 billion judgment against Chevron Corp. in a court in Ecuador for injuries only to have it reversed, on July 12 filed a letter with the judge presiding over Donziger’s criminal contempt case, arguing that “this case persists as an embarrassing stain on the integrity of the federal courts” and that Donziger should be released immediately.
WILMINGTON, Del. — Monsanto Co. on July 12 field a brief in Delaware federal court contending that members of a class in Missouri should not be allowed to intervene in a Delaware lawsuit related to injuries allegedly caused by glyphosate, the active ingredient in the herbicide Roundup, because the Missouri class’s motivation is to disrupt a proposed settlement that Monsanto says “threatens to interfere” with the class’s quest for fees in its own action in Missouri state court.
WASHINGTON, D.C. — The U.S. Judicial Panel on Multidistrict Litigation (JPMDL) on July 9 transferred 16 more glyphosate cancer cases against Monsanto Co. to the multidistrict litigation in California federal court for Roundup Products Liability. One case, which is representative of all the transferred actions, contends that through its manufacture of the glyphosate-based herbicide Roundup, Monsanto is liable for “negligent and wrongful conduct.”
ATLANTA — A panel of the 11th Circuit U.S. Court of Appeals on July 2 ordered a cancer victim’s groundwater contamination lawsuit be sent to mediation so that a settlement could be reached because “each party stands to lose” if the case were decided by an opinion of the court.
MIAMI — A federal judge in Florida on July 2 partially granted and partially denied a motion to dismiss a chemical exposure lawsuit against Florida sugarcane growers, ruling that although the plaintiffs did not satisfy claims for battery or takings of property, they established a case for negligence, strict liability and medical monitoring.
WASHINGTON, D.C. — The U.S. Judicial Panel on Multidistrict Litigation (JPMDL) on July 1 transferred to the multidistrict litigation for aqueous film forming foam (AFFF) in South Carolina federal court a lawsuit in which the district attorney for Delaware County, Pa., argues that 3M Co., E.I. du Pont de Nemours & Co. and other companies are liable for contaminating groundwater and soil as a result of manufacturing per- and polyfluoroalkyl substances (PFAS) used in AFFF.
CHARLESTON, S.C. — Archroma Inc. on June 30 filed a reply brief in South Carolina federal court contending that the case against it alleging injuries from exposure to aqueous film forming foam (AFFF) should be dismissed for lack of personal jurisdiction because the company says it does not “design, manufacture, sell or distribute AFFF, and it does not manufacture any product for use in AFFF.”
NEW YORK — The attorney representing Steven R. Donziger, the attorney who won an $18.5 billion judgment against Chevron Corp. in a court in Ecuador for injuries only to have it reversed,on June 25 filed a letter with the judge presiding over Donziger’s criminal contempt case, arguing that “the complexity and multiplicity of issues” raised by Donziger’s most recent motion to dismiss “clearly warrant an evidentiary hearing.”
WILMINGTON, Del. — E.I. du Pont de Nemours and Co. and other chemical companies on June 2 filed a brief in Delaware federal court contending that they should be permitted to file a sur-reply brief in a lawsuit alleging injuries from exposure to per- and polyfluoroalkylsubstances(PFAS)because they say the plaintiffs raised new arguments when they filed a brief in support of remanding the case to state court.
SAN FRANCISCO — Monsanto Co. on June 28 filed an answer in California federal court denying claims against it related to injuries purportedly caused by exposure to glyphosate, the active ingredient in the herbicide Roundup, on grounds that glyphosate “repeatedly has been found safe to humans and the environment” by regulators in the United States and other countries.
WILMINGTON, Del. — Plaintiffs who purport to represent a class in litigation against Monsanto Co. in Missouri related to injuries allegedly caused by glyphosate, the active ingredient in the herbicide Roundup, on June 28 filed a brief in Delaware federal court arguing that they should be permitted to intervene in the Delaware lawsuit because their interests would be “substantially impaired” by a proposed settlement and injunction in the Delaware litigation.
ATLANTA — The U.S. Chamber of Commerce on June 11 filed an amicus curiae brief in the 11th Circuit U.S. Court of Appeals in support of Monsanto Co.’s argument that a glyphosate cancer victim’s claim against it is preempted by federal law, contending that under the U.S. Constitution, companies cannot be subject to different states’ laws imposing liability for conduct that complies with federal law.
WASHINGTON, D.C. — The U.S. Judicial Panel on Multidistrict Litigation (JPMDL) on June 25 transferred six more glyphosate cancer cases to the multidistrict litigation for Roundup products liability litigation. One case, which is representative of the lot, involves claims that Bayer AG, the parent company of Monsanto Co., engaged in wrongful conduct in selling the herbicide Roundup, which contains glyphosate, because it “has been found to be carcinogenic and linked to various forms of cancer.”
DETROIT — A federal judge in Michigan on June 25 denied a motion by some plaintiffs who sought to extend a deadline for bone scans to be performed and causation reports to be filed in the Flint, Mich., water crisis litigation, ruling that the district court cannot, on its own, alter the terms and conditions of the negotiated settlement in the litigation.
MINNEAPOLIS — A glyphosate cancer victim on June 25 sued Monsanto Co. in Minnesota federal court contending that it is liable for his injury as a “direct and proximate result” of “negligent and wrongful conduct” related to the manufacture and marketing of the herbicide Roundup, which contains the active ingredient glyphosate.
BURLINGTON, Vt. — Saint-Gobain Performance Plastics Corp. on June 17 filed a bench memorandum in Vermont federal court arguing that a former attorney for the company 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 not be deposed because it would be “fraught with problems of privilege and confidentiality.”
FLINT, Mich. — A state court judge in Michigan on June 16 denied a motion for a preliminary examination of the grand jury indictments that were handed down against the former governor of Michigan and state and local officials in connection with the Flint water crisis, stating that the defendants are not entitled to such an examination because the one-person grand jury system that was used in the case is supported by Michigan law and court precedent.