Mealey's Toxic Torts

  • February 16, 2021

    Company: Many Entities Liable For PFAS Pollution; DuPont Spinoff Fraudulent

    CARLISLE, Pa. — A water company in Pennsylvania on Feb. 11 sued The 3M Co. and other chemical manufacturers in state court contending that they are liable for contaminating the local water supply with per- and polyfluoroalkyl substances (PFAS) and that the liability transfer between E.I. du Pont de Nemours & Co. and its spinoff company The Chemours Co. was fraudulent under state law.

  • February 11, 2021

    Study:  Exposure To Glyphosate Appears To Inhibit The Gut Microbiome

    DURHAM, N.C. — In a study published in the journal “Environmental Health Perspectives” on Jan. 27, researchers conclude that exposure to glyphosate, the active ingredient in the herbicide Roundup, and exposure to the European Union herbicide formulation known as Roundup MON 52276, suggests inhibition of the gut microbiome.

  • February 11, 2021

    Putative Class:  Companies Concealed Presence Of Toxins In Baby Foods

    CHICAGO — A putative class of plaintiffs on Feb. 8 sued Gerber Products Co. and another party in Illinois federal court contending that they may have known that their baby food products contained elevated levels of toxic heavy metals yet still promoted the food as safe.

  • February 11, 2021

    EPA: Trump Administration’s PFAS Toxicity Assessment ‘Compromised’ By Politics

    WASHINGTON, D.C. — The U.S. Environmental Protection Agency on Feb. 9 issued an announcement in which it said that after reviewing a press release from the EPA during the closing days of the Trump administration, the agency’s toxicity assessment for perfluorobutanesulfonic acid (PFBS), which is one of multiple chemicals in the family of toxins known as per- and polyfluoroalkyl substances (PFAS), was “compromised by political interference as well as infringement of authorship and the scientific evidence of the author’s conclusions.”

  • February 11, 2021

    Couple:  Monsanto Knowingly Concealed Glyphosate’s Dangers And Is Liable For Cancer

    LOS ANGELES — A couple on Feb. 10 sued Monsanto Co. in California federal court contending that it is liable for causing the husband’s cancer because the company knowingly concealed the dangers associated with exposure to glyphosate, the active ingredient in the herbicide Roundup.

  • February 11, 2021

    Some Flint Water Plaintiffs Seek Intervention To Opt Out Of Settlement

    CINCINNATI — A group of plaintiffs in the litigation concerning the lead-contaminated water crisis in Flint, Mich., on Feb. 9 filed a notice of appeal in the Sixth Circuit U.S. Court of Appeals opposing a district court’s order that denied their motion to intervene to object to a proposed $641.25 million settlement, which the lower court has preliminarily approved.

  • February 11, 2021

    Panel:  Expert’s Opinion Valid In Chemical Exposure Case; Dismissal Upheld

    LOS ANGELES — A California appellate panel on Jan. 29 issued an unpublished decision in which it affirmed summary judgment dismissal of a cancer victim’s chemical exposure case on grounds that the defendant’s medical expert’s opinion was properly admitted and the plaintiff failed to show that his injury was caused by exposure to numerous toxins during his employment with a railroad company.

  • February 10, 2021

    Judge Approves $11.5M Decree Between Government, Companies To Resolve CERCLA Suit

    DES MOINES, Iowa — A federal judge in Iowa on Feb. 1 approved the entry of a consent decree between the federal government and companies found liable for trichloroethylene (TCE) and polychlorinated biphenyl (PCB) contamination a site in Des Moines that requires the companies to jointly and severally pay $11.5 million, finding that the agreement is fair and reasonable.

  • February 10, 2021

    Judge:  Class’s Video May Stay On Internet; Defendant Allowed ‘A Freer Presentation’

    BURLINGTON, Vt. — A federal judge in Vermont on Feb. 8 ruled that class plaintiffs who are suing a plastics company alleging drinking water contamination from perflourooctanoic acid (PFOA) do not need to take down a website and a video posted to a social media platform that provide information about the class “vilifying the defendant” because they “may open the door to a freer presentation by the defendant” as the case proceeds.

  • February 09, 2021

    Michigan Attorney General’s 2nd PFAS Injury Case Sent To Aqueous Film Foam MDL

    WASHINGTON, D.C. — The Judicial Panel on Multidistrict Litigation (JPMDL) on Feb. 4 transferred three cases to the In re: Aqueous Film Forming Foams Products Liability Litigation in South Carolina federal court.  One of the cases was the second such lawsuit brought by the Michigan attorney general, who objected to having it sent to the MDL.

  • February 09, 2021

    Chemical, Biological Materials Exclusion Bars Coverage For Water Contamination

    ST. PAUL, Minn. — A trial court did not err in finding that a policy’s exclusion for chemical or biological materials precludes coverage for the contamination of water systems at mink farms that occurred during a vandalism incident because the damage to the water systems was caused by the dispersal of a poisonous chemical, the Minnesota Court of Appeals said Feb. 8.

  • February 05, 2021

    Counsel:  ‘Misleading’ Flint Water Settlement Letter Calls For Restraining Order

    DETROIT — Plaintiff attorneys involved in the litigation over the lead-contaminated water crisis in Flint, Mich., on Feb. 3 moved in Michigan federal court for a preliminary injunction and a temporary restraining order against an attorney they say is “engaging in misleading class communications and inappropriate solicitation of represented individuals in Flint.”

  • February 04, 2021

    Metal Company To Pay $4.1M For California Water Pollution

    SACRAMENTO, Calif. — The California attorney general on Feb. 3 announced that the state had reached a $4.1 million settlement with a company that shredded steel from end-of-life automobiles and other items related to contamination of drinking water and air.

  • February 03, 2021

    Bayer Corp. To Pay $2B To Settle Some Glyphosate Cancer Claims Related To Roundup

    LEVERKUSEN, Germany — Bayer Corp., the parent of Monsanto Co., on Feb. 3 announced that it has reached a $2 billion class settlement with certain plaintiffs for cancer claims related to the herbicide Roundup, which contains the active ingredient glyphosate.  Under the agreement, Monsanto will seek permission to add a reference link on its Roundup products allowing consumers to access public scientific information about the herbicide.

  • February 02, 2021

    Shell Oil, Others: Banana Workers’ Injury Claims Barred; Delaware Law Inapplicable

    WILMINGTON, Del. — Shell Oil Co., Dow Chemical Co. and others on Jan. 29 filed a brief in Delaware federal court arguing that the claims of Ecuadorian banana plantation workers who contend they were injured by exposure to pesticides are barred based on a statute in Ecuadorean law and insist that the plaintiffs cannot use Delaware law to “sidestep” another jurisdiction’s time limits.

  • February 01, 2021

    California Residents:  Power Company Liable For Injuries Stemming From Gas Leak

    LOS ANGELES — A group of residents on Dec. 17 sued the city of Los Angeles Department of Water & Power and two officials in state court, contending that it is liable for injuries caused by exposure to “toxic air” as a result of a gas leak it concealed for 1,085 days before notifying the public.

  • February 01, 2021

    Couple:  Waste Stored On Property Did Not Taint Groundwater, Fine ‘Excessive’

    WAUSAU, Wis. — A Wisconsin couple on Dec. 7 filed a reply brief in a state appeals court contending that the “junk” and “municipal waste” on their property, for which the county government issued a citation, did not pose a threat to groundwater because no toxins were released and, therefore, the county’s fine levied against them is “excessive” and the case should be dismissed.

  • January 29, 2021

    More C8 Cancer Cases Sent To MDL; Plaintiffs Say DuPont Knowingly Exposed Them

    WASHINGTON, D.C. — The Judicial Panel on Multidistrict Litigation on Jan. 27 transferred an additional three cases to the multidistrict litigation for personal injury cases against E.I. du Pont de Nemours and Co. brought by plaintiffs who contend that DuPont “negligently, recklessly, maliciously, knowingly and carelessly” exposed them to perfluorooctanoic acid (known as C8 or PFOA), which led to cancer and in some cases wrongful death.

  • January 28, 2021

    Judge Grants Preliminary Approval To $17.5M PFAS Groundwater Settlement

    CHARLESTON, S.C. — A federal judge in South Carolina on Jan. 25 granted preliminary approval to a $17.5M settlement for PFAS injury claims stemming from groundwater contamination caused by the firefighting agent aqueous film forming foam (AFFF), determining that the deal meets the appropriate federal procedural requirements.

  • January 28, 2021

    Widow Sues Monsanto For Husband’s Cancer, Death From Exposure To Glyphosate

    OKLAHOMA CITY — A Nebraska woman on Jan. 27 sued Monsanto Co. in Oklahoma federal court contending that it is liable for wrongfully causing her husband’s death from cancer as a result of manufacturing the herbicide Roundup, which contains the active ingredient glyphosate.

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