Mealey's Toxic Torts

  • July 22, 2022

    Woman Seeks Rehearing Of 8th Circuit’s Approval Of $39.55M Glyphosate Settlement

    ST. LOUIS — A class member who opposes a $39.55 million class settlement with plaintiffs who sought compensation for money spent on the herbicide Roundup on July 13 filed a petition for rehearing in the Eighth Circuit U.S. Court of Appeals, contending that en banc consideration or panel rehearing is needed because the settlement involves “the controversial practice of distributing settlement funds to third-party organizations as cy pres.”

  • July 21, 2022

    Glyphosate Cancer Cases Alleging Monsanto Knew Its Dangers Are Transferred To MDL

    WASHINGTON, D.C. — On July 21, the U.S. Judicial Panel on Multidistrict Litigation (JPMDL) transferred four more cases to in California federal court for claims against Monsanto Co., alleging that glyphosate, the active ingredient in the herbicide Roundup, is dangerous to human health and that Monsanto knew that when it designed and sold the product .

  • July 21, 2022

    Panel Says Lead Paint Case Properly Dismissed Based On ‘Thin’ Evidence

    ANNAPOLIS, Md. — A panel of the Maryland Court of Special Appeals on July 8 ruled that a trial court did not abuse its discretion in dismissing a lead paint poisoning lawsuit because the plaintiff’s expert witness was properly excluded and the remaining evidence to support her claims was “thin.”

  • July 20, 2022

    Company Seeks JNOV In Water Pollution Case, Says Evidence Lacking On All Claims

    WEST PALM BEACH, Fla. — One of the defendants in a groundwater contamination lawsuit on July 19 filed a brief in Florida federal court seeking judgment as a matter of law (JNOV), arguing that “after two weeks of evidence at trial, Plaintiffs have unequivocally failed to present a case worthy of submission to the jury on any claim.”

  • July 20, 2022

    2 Makers Of PFAS And AFFF Remove Case, Deny Liability Under Contractor Defense

    NEW YORK — Tyco Fire Products LP and Chemguard Inc. on July 18 removed to New York federal court a lawsuit against themselves and other makers of the firefighting agent aqueous film forming foam (AFFF), which contains per- and polyfluoroalkyl substances (PFAS), contending that under the government contractor defense they are not liable for groundwater contamination alleged by a property owner.

  • July 20, 2022

    Judge Nixes Strict Liability, Allows Other Claims In Northrop Grumman Water Case

    LOS ANGELES — In an unpublished order, a federal judge in California on July 18 dismissed strict liability claims against a company but allowed residents to pursue equitable relief and punitive damages for groundwater contamination from volatile organic compounds (VOCs) stemming from circuit board production and other chemical processes.

  • July 20, 2022

    Engineering Firm In Flint Case Says JNOV Needed, Plaintiffs Lack Evidence

    ANN ARBOR, Mich. — An engineering and consulting firm that is a defendant in the litigation over the lead-contaminated water crisis in Flint, Mich., on July 19 filed a brief in Michigan federal court, arguing that it is entitled to judgment as a matter of law (JNOV) in two of the cases because “a reasonable jury would not have a legally sufficient evidentiary basis” to rule for the plaintiffs on their professional negligence claims against the firm.

  • July 19, 2022

    Paraquat Makers ‘Took Active Steps To Conceal’ Dangers, Parkinson’s Victim Says

    EAST ST. LOUIS, Ill. — A woman with Parkinson’s disease on July 18 sued the makers of the pesticide paraquat in Illinois federal court, arguing that they are liable for her injury because they “took active steps to conceal” the harmful effects of exposure to the chemical and made statements proclaiming paraquat’s safety that were “designed to mislead the agricultural community and the public at large.”

  • July 19, 2022

    Parkinson’s Victim: Makers Of Paraquat Committed Fraudulent Concealment

    EAST ST. LOUIS, Ill. — A woman suffering from Parkinson’s disease on July 18 sued the makers of the pesticide paraquat in Illinois federal court contending that they are liable for her injury because they engaged in “knowing and active fraudulent concealment and denial of the facts” regarding the dangers of exposure to paraquat, which they promoted as safe.

  • July 15, 2022

    DuPont Spin-Off Company Says EPA’s PFAS Drinking Water Standards Are ‘Arbitrary’

    PHILADELPHIA — The Chemours Co. FC LLC, a chemicals business that was spun off from E.I. du Pont de Nemours & Co., on July 13 filed a petition in the Third Circuit U.S. Court of Appeals seeking review of the U.S. Environmental Protection Agency’s drinking water health advisory for two substances known as GenX Chemicals, which are a type of per- and polyfluoroalkyl substances (PFAS), contending that the advisory is “arbitrary and capricious.”

  • July 14, 2022

    New York Reaches $104.4M Deal With Contractor, U.S. Navy To Remediate Toxic Water

    ALBANY, N.Y. — New York Gov. Kathy Hochul on July 14 announced that the state has reached a $104.4 million settlement of drinking water and natural resources damages claims with Northrop Grumman Systems Corp. and the U.S. Navy for their handling of toxic substances at a weapons plant in Bethpage, N.Y.

  • July 13, 2022

    11th Circuit Reverses, Says FIFRA Does Not Preempt Glyphosate Injury Claim

    ATLANTA — A panel of the 11th Circuit U.S. Court of Appeals on July 12 reversed and remanded a glyphosate cancer case, ruling that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) does not preempt injury claims against Monsanto Co., the maker of the herbicide Roundup.

  • July 13, 2022

    California Panel Reverses Negligence Dismissal In Hazardous Material Case

    LOS ANGELES —The Second District California Court of Appeal on June 29 reversed a trial court’s summary judgment dismissal of a tenant’s negligence claim brought against the property’s previous owner, a tire manufacturer who polluted the location with toxic solvents, finding that the company owed subsequent users of the property a duty not to pollute the land, but affirmed the dismissal of the tenant’s fraudulent concealment and intentional infliction of emotional distress claims.

  • July 13, 2022

    Panel Affirms Trial Court In Dispute Over Groundwater Contamination

    OTTAWA, Ill. — A divided Illinois appellate court on July 1 disagreed with the owner of a Dairy Queen that it is entitled to judgment notwithstanding the verdict in litigation with a neighboring property that once housed a business that indisputably polluted the ground with hazardous dry-cleaning chemicals.

  • July 11, 2022

    Utah High Court Reinstates $2.7M Award For Injury From Carbon Monoxide Poisoning

    SALT LAKE CITY — The Utah Supreme Court on June 30 reinstated a $2.7 million award to a woman who sued a Volkswagen dealership for negligence, ruling that she had provided sufficient evidence of causation for her injury from carbon monoxide poisoning as a result of a defective fuel line.

  • July 08, 2022

    Judge Dismisses 4 Injury Cases Related To Deepwater Horizon For Lack Of Causation

    NEW ORLEANS — A federal judge in Louisiana on June 28 granted BP Exploration & Production Inc. and its affiliates summary judgment in a personal injury suit over alleged injuries suffered by a man who was involved in cleanup activities following the Deepwater Horizon oil spill, ruling that his causation expert was excluded and, therefore, the case must be dismissed.  The ruling was one of four issued by the same judge involving the exclusion of the same expert witness and grant of summary judgment in injury cases related to the oil spill.

  • July 08, 2022

    8th Circuit Affirms $39.55M Roundup Class Settlement, Says Discretion Not Abused

    ST. LOUIS — A panel of the Eighth Circuit U.S. Court of Appeals on June 29 affirmed a lower court’s approval of a $39.55 million class action settlement with plaintiffs who sought compensation for money spent on the herbicide Roundup, which the class contended the company falsely advertised as safe for humans despite the fact it contains the active ingredient glyphosate. The panel said the district court did not abuse its discretion in approving the deal.

  • July 08, 2022

    Trial Under Way In West Virginia CERCLA, RCRA, CWA Litigation

    CHARLESTON, W.Va. — Trial began July 6 in West Virginia federal court less than one week after competing motions for summary judgment were largely denied in a consolidated dispute over claims that a defendant stored hazardous material that migrated to a neighbor’s property.

  • July 07, 2022

    More Cases Against Monsanto Allege ‘Wrongful Conduct’ Related To Herbicide Roundup

    WASHINGTON, D.C. — On July 5, the U.S. Judicial Panel on Multidistrict Litigation (JPMDL) transferred four more cases to the MDL in California federal court for claims against Monsanto, contending that glyphosate, the active ingredient in the herbicide Roundup, causes cancer. The complaints all contend that Monsanto’s “negligent and wrongful conduct” led to plaintiffs’ injuries.

  • July 07, 2022

    9th Circuit Reverses Itself, Says City Not Liable For Hexavalent Chromium Waste

    SAN FRANCISCO — A panel of the Ninth Circuit U.S. Court of Appeals on July 1 withdrew a split opinion and issued a new superseding opinion and concurring opinion that reverses the prior ruling that hexavalent chromium constitutes solid waste and a municipality can be considered a transporter of the chemical into groundwater under the Resource Conservation and Recovery Act (RCRA). The new ruling affirms the lower court’s summary judgment dismissal of the case.

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