NEW YORK — A divided panel of the Second Circuit U.S. Court of Appeals on June 22 affirmed the conviction of Steven R. Donziger, the environmental attorney found in criminal contempt in connection with the Lago Agrio contamination lawsuit, ruling that the lower court did not abuse its discretion by initiating a prosecution against Donziger for repeatedly defying court orders for years.
SAN FRANCISCO — A federal judge in California on June 21 granted preliminary approval of a settlement establishing a fund between $23 million and $45 million for false advertising claims related to Monsanto’s herbicide Roundup in a select group of glyphosate cancer cases that were included in the Roundup Products Liability multidistrict litigation (MDL). Other cases alleging personal injuries are still pending in the MDL.
WASHINGTON, D.C. — A California couple on June 21, citing a recent ruling in the Ninth Circuit U.S. Court of Appeals, filed a supplemental brief in the U.S. Supreme Court reasserting their argument that the high court should not hear Monsanto Co.’s appeal of their $86,742,310 glyphosate cancer verdict because “Monsanto’s certiorari petition never has been worthy of review.”
HARRISBURG, Pa. — A cosmetics company that makes hand sanitizer and its affiliates on June 17 filed and answer to a chemical injury wrongful death complaint in Pennsylvania federal court, denying all allegations and contending that the plaintiffs’ claims are barred by the decedent’s contributory negligence.
PASADENA, Calif. — A panel of the Ninth Circuit U.S. Court of Appeals on June 17 granted in part and denied in part a petition for review challenging the U.S Environmental Protection Agency’s decision determining that glyphosate, the active ingredient in the weedkiller Roundup, does not pose “any unreasonable risk to man or the environment” and remanded the matter to the EPA for further consideration.
WASHINGTON, D.C. — The U.S. Supreme Court on June 21 denied review of an appeal by Monsanto Co. seeking to reverse a ruling by a lower court that held that a glyphosate cancer victim’s claims are not preempted by federal law.
CINCINNATI — A former emergency manager for the city of Flint, Mich., on June 9 filed a brief in the Sixth Circuit U.S. Court of Appeals contending that it should not dispense with oral argument in his appeal of a lower court’s denial of his motion to quash a subpoena in a trial regarding the lead-contaminated water crisis in Flint because “the rights of too many individuals and a significant issue of law are at stake.”
CHARLESTON, S.C. — A cancer victim on June 10 sued the makers of per- and polyfluoroalkyl substances (PFAS) in South Carolina federal court, contending that they are liable for his injuries because they knew that the chemicals, which are ingredients in the firefighting agent aqueous film forming foam (AFFF), are toxic yet they manufactured and sold the products and misled the public regarding their dangers.
LOS ANGELES — A state water agency prevailed in part on its allegations against a munitions company accused of burying hazardous materials underground, with a California federal judge on June 6 awarding response costs relating to the investigation, permitting and design (IPD) of a remediation plan.
MADISON, Wis. — Allegations by two plaintiffs that three corporate defendants caused polychlorinated biphenyl (PCB) contamination at their property were rejected June 3 by a federal judge in Wisconsin, who ruled that portions of the case are barred by claim preclusion and that the allegations that remain fail as a matter of law.
WASHINGTON, D.C. — The U.S. Environmental Protection Agency on June 15 announced water health advisories for per- and polyfluoroalkyl substances (PFAS) in drinking water and set reporting levels for four specific PFAS chemicals.
GREENBELT, Md. — A cancer victim on June 13 sued the 3M Co. and others, alleging that they manufactured and sold the firefighting agent aqueous film forming foam (AFFF) with knowledge that it contained “highly toxic” per- and polyfluoroalkyl substances (PFAS), which would injure the plaintiff and others.
EAST ST. LOUIS, Ill. — The representative of the estate of a man who died from Parkinson’s disease on June 13 sued the makers of the pesticide paraquat in Illinois federal court, alleging that they “knowingly, affirmatively, and actively concealed safety information” about the “serious risks” associated with the use of the chemical.
WASHINGTON, D.C. — The U.S. Judicial Panel on Multidistrict Litigation on June 10 transferred a glyphosate cancer lawsuit from Minnesota to the multidistrict litigation in California federal court, adding to the number of cases brought by individuals who contend that Monsanto Co., the maker of the herbicide Roundup, is liable for their injuries because the company sold the product claiming that it was safe but having “full knowledge of its dangerous and defective nature.”
NEW ORLEANS — A Louisiana man on June 10 filed an amended complaint against a chemical company in Louisiana federal court, contending that it is liable for his wife’s wrongful death from exposure to ethylene oxide (EtO), which he says the company knows is a carcinogen, yet it chose to emit the chemical into the community to maximize profits.
KANSAS CITY, Mo. — A state court judge in Missouri on June 10 issued a judgment in favor of Monsanto Co. after a jury found that the company was not liable for damages in relation to a man’s cancer injury claims related to exposure to glyphosate, the active ingredient in the herbicide Roundup.
PROVIDENCE, R.I. — A cancer victim sued Monsanto Co. in Rhode Island federal court on June 12, contending that his injury is the direct result of Monsanto’s “wrongful conduct and negligence” because he says the company has “long been aware” of the carcinogenic properties of glyphosate, the active ingredient in Monsanto’s herbicide Roundup.
WASHINGTON, D.C. — A glyphosate cancer victim on May 25 filed a supplemental brief in the U.S. Supreme Court arguing that a lower court rightly held that his claims against Monsanto Co. as the maker of the herbicide Roundup are not preempted by federal law and there is no conflict in authority that the Supreme Court needs to resolve and, therefore, review is not justified.
PITTSBURGH — A federal magistrate judge in Pennsylvania on June 7 denied a glass manufacturer’s attempt to have a liability ruling against it deemed moot and denied the company’s attempt to certify an interlocutory appeal in a long-running lawsuit for groundwater and soil contamination, ruling that the glass maker failed to support its contention that cases it cited supported its motion.
NEW ORLEANS — A federal judge in Louisiana on May 27 partially granted and partially dismissed multiple motions in a chemical injury case and determined that the plaintiffs can proceed with tort claims under local laws known as Louisiana vicinage articles; however, the judge divided the lawsuit into 14 distinct causes of action because the particulars of each plaintiff’s exposure varied broadly.