Mealey's Toxic Torts

  • August 13, 2021

    Companies Knew Paraquat Was ‘Unreasonably Dangerous,’ Parkinson’s Victim Says

    EAST ST. LOUIS, Ill. — A woman with Parkinson’s disease on Aug. 11 sued chemical companies in federal court in Illinois alleging that they are liable for her injury because they designed and marketed the pesticide paraquat, which she says the companies knew was “unreasonably dangerous.”

  • August 13, 2021

    Judge Denies ‘Master’ Class But Approves Issues Class In Flint Water Crisis

    DETROIT — A federal judge in Michigan on Aug. 11 denied certification of a “master” issues class in the Flint water crisis litigation but approved a multidefendant issues class and a class for claims against one of the engineering firms that advised the city of Flint during the crisis.

  • August 12, 2021

    Parkinson’s Disease Victim: Companies Knew Paraquat Causes Neurological Damage

    EAST ST. LOUIS, Ill. — A man who suffers from Parkinson’s disease on Aug. 11 sued the makers of the pesticide paraquat in Illinois federal court contending that they knew, or should have known, that it causes neurological damage and that it was likely to be inhaled by persons living in areas near where it was used to manage crops.

  • August 12, 2021

    Bankruptcy Judge Approves $10M For Refinery Facing Water Contamination Lawsuits

    HOUSTON — A federal bankruptcy judge in Texas on Aug. 11 ruled that a bankrupt refinery facing allegations that it has contaminated drinking water in the Virgin Islands can obtain an additional $10 million in financing to manage the company as it prepares to sell assets and reorganize.

  • August 12, 2021

    Plaintiffs Seek Discovery That Is Privileged In Glyphosate Case, Monsanto Says

    NEW CASTLE, Del. — Monsanto Co. on Aug. 11 filed answers to interrogatories in Delaware state court contending that the information sought in discovery by plaintiffs who sued the company alleging that they developed cancer from exposure to glyphosate, the active ingredient in the herbicide Roundup, is privileged.

  • August 11, 2021

    Flint Defendants File Notice Of Nonparties At Fault In Water Contamination Litigation

    ANN ARBOR, Mich. — Defendants in one of the cases stemming from the Flint water crisis on Aug. 10 filed an amended notice of nonparties at fault contending that at trial the jury should allocate fault on the verdict form to each party that caused or contributed to the harm proven by the plaintiffs.  They also argue that some nonparties at fault, including “various governmental, commercial or residential landlords who provided substandard housing contaminated with lead painted surfaces, pipes and soils,” have yet to be identified.

  • August 11, 2021

    Class Says Baby Food Maker Concealed Facts About Toxic Metals In Its Products

    ALBANY, N.Y. —  A group of consumers on Aug. 6 filed a class action complaint against baby food maker Beech-Nut Nutrition Co. in New York federal court, contending that it knowingly concealed the fact that its products contained toxic heavy metals.

  • August 11, 2021

    Cancer Victim:  3M, DuPont, Others Concealed Danger Of PFAS In Firefighting Foam

    CHARLESTON, S.C. — A firefighter in Alabama on Aug. 6 sued 3M Co., E.I. du Pont de Nemours & Co. and others in a South Carolina federal court contending that he developed cancer from exposure to the firefighting agent aqueous film forming foam (AFFF), which contains toxic chemicals known as per- and polyfluoroalkyl substances (PFAS).

  • August 10, 2021

    Split Panel Affirms Glyphosate Verdict, Differs On Amount Of Punitive Damages

    SAN FRANCISCO — A divided appellate panel in California on Aug. 9 affirmed a judgment of $86,742,310 against Monsanto Co. for a couple who alleged that glyphosate, the active ingredient in the herbicide Roundup, caused them to develop cancer.  In a separate concurrence and dissent, a justice said that while he agreed with the evidence on liability, the punitive damages award was “grossly excessive.”

  • August 10, 2021

    Co-Liaison Counsel:  Objections To Bone Lead Testing In Flint Are ‘Without Merit’

    DETROIT — The co-liaison plaintiffs’ counsel in the Flint water crisis litigation on Aug. 4 filed a brief in Michigan federal court arguing that the objections of some plaintiffs who oppose X-ray fluorescence bone lead testing, which is part of a proposed class settlement, are “without merit.”

  • August 09, 2021

    MTBE MDL Judge Lets Claims Under Pennsylvania Law Proceed, Dismisses Holding Company

    NEW YORK — The New York federal judge presiding over the methyl tertiary butyl ether (MTBE) multidistrict litigation on Aug. 2 allowed claims against Pennsylvania gas station owners and operators under the state’s Storage Tank and Spill Prevention Act (STSP) and related to insurance coverage to continue.  But the judge agreed to dismiss all claims against a holding company defendant, concluding that it could not be held liable for a subsidiary’s conduct.

  • August 06, 2021

    Judge:  Attorney Fees Of Nearly $5.4M ‘Reasonable’ For $17.5M PFAS Settlement

    CHARLESTON, S.C. — A federal judge in South Carolina on Aug. 4 ruled that attorney fees and costs of $5,393,254.60 were “reasonable” related to a $17.5 million settlement of cancer claims connected to contamination from per- and polyfluoroalkyl substances (PFAS) that polluted groundwater following the use of the firefighting agent aqueous film forming foam (AFFF).

  • August 04, 2021

    Lago Agrio Attorney Seeks New Trial, Vacatur Of Criminal Contempt Ruling

    NEW YORK — Steven R. Donziger, the attorney who has been found guilty of criminal contempt in connection with his conduct in the ongoing litigation arising from the $18.5 billion environmental contamination judgment he won against Chevron Corp. that was later reversed, on Aug. 3 moved in New York federal court seeking a new trial on grounds that the special prosecutor in the case was not subject to “constitutionally required supervision.”

  • August 02, 2021

    Lead Paint Company Misinformed Public, Summary Judgment Improper, Plaintiffs Say

    MILWAUKEE — Plaintiffs who had their $6 million lead-paint poisoning verdict against three former makers of lead-based paint reversed on July 21 filed a brief in Wisconsin federal court arguing, as the case proceeds on remand, that “the lead paint industry misinformed the public” about the dangers of lead and, therefore, it is not entitled to summary judgment.

  • August 02, 2021

    Roundup MDL Judge Orders Plaintiffs To Participate In Settlement Program

    SAN FRANCISCO — The California federal judge presiding over the multidistrict litigation for cancer claims stemming from exposure to the herbicide Roundup on July 23 ordered that all current and future plaintiffs who have not reached a settlement with Roundup manufacturer Monsanto must participate in a program established by Special Master Ken Feinberg that allows claimants to receive an offer of a payment to settle their cases.

  • August 02, 2021

    City:  3M, DuPont Among Those Liable For Knowingly Causing PFAS Water Pollution

    CHARLESTON, S.C. — A California city on July 26 sued 3M Co., E.I. DuPont de Nemours & Co. and others in South Carolina federal court seeking to recover “the substantial costs necessary to protect the public” related to drinking water contamination from the presence of per- and polyfluoroalkyl substances (PFAS), which the city argues the defendants released into the environment despite knowing it was toxic.

  • 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).

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