Mealey's Toxic Torts

  • January 05, 2021

    Judge: DuPont’s Arguments For Mistrial In $50M C8 Verdict Case ‘Not Well Taken’

    COLUMBUS, Ohio — A federal judge in Ohio on Dec. 31 denied a motion by E.I. du Pont de Nemours & Co. seeking a mistrial regarding a jury award of $50 million to cancer victims injured by exposure to perfluorooctanoic acid (known as C8), ruling that DuPont’s arguments “are not well taken.”

  • January 05, 2021

    Insurers Failed To Prove Insured Intended Harm From Use Of Insured’s Lead Paint

    NEW YORK — A New York justice on Dec. 29 denied motions for summary judgment filed by numerous insurers seeking a declaration that no coverage is owed for an underlying lead paint judgment entered against their insured after determining that the insurers failed to meet their burden of proving that the insured expected or intended the harm that resulted from the use of its lead-contaminated paints.

  • January 05, 2021

    Judge Grants In Part Motions To Dismiss CERCLA, Strict Liability Claims

    BUFFALO, N.Y. — A federal judge in New York on Dec. 30 granted in part motions to dismiss filed by individual companies in a Comprehensive Environmental Response, Compensation, and Liability Act and strict liability lawsuit brought by landowners who live near a now-defunct landfill and have allegedly sustained physical injuries, finding that the plaintiffs’ third amended complaint (TAC) failed to sufficiently allege how the companies contributed to contamination at the site and engaged in ultrahazardous activity.

  • December 31, 2020

    Legal Institute: Rescission Of Methane Rule ‘Rests On Erroneous Conclusion’

    WASHINGTON, D.C. — The Institute for Policy Integrity at the New York University School of Law on Dec. 14 filed an amicus curiae brief in the District of Columbia Circuit U.S. Court of Appeals contending that the U.S. Environmental Protection Agency’s decision to rescind the 2016 Methane Waste Prevention Rule “rests on the erroneous conclusion that the 2016 Rule unlawfully defined the oil and gas source category to include transmission and storage equipment.”

  • December 30, 2020

    Cancer Victim:  Monsanto Liable For Fraud, Negligence In Selling Roundup

    SANTA ANA, Calif. — A cancer victim on Dec. 29 sued Monsanto Co. in California state court contending that it is liable for fraud and negligence in connection with its manufacturing and selling of the herbicide Roundup, which contains the active ingredient glyphosate (Paul Leath v. Monsanto Company, No. 30-2020-01176463-CU-MT-CXC, Calif. Super., Orange Co.).

  • December 30, 2020

    City Of Flint Agrees To Join Settlement Of Lead Water Crisis Litigation

    FLINT, Mich. — The city of Flint, Mich., on Dec. 22 issued a public notice indicating that its council has consented to the city joining the settlement of the litigation pertaining to the lead-contaminated water crisis in Flint by using $20 million from its excess liability insurance, while it continues to deny liability (In re Flint Water Cases, No. 16-10444, E.D. Mich.).

  • December 30, 2020

    Groups:  10th Circuit Should Reverse Order Vacating 2016 Methane Rule

    DENVER — Environmental groups on Dec. 21 filed a notice of appeal in the 10th Circuit U.S. Court of Appeals seeking reversal of a district court decision that vacated the 2016 Methane Waste Prevention Rule that requires oil and gas producers to use currently available technologies and processes to cut flaring in half at hydraulic fracturing wells on public and tribal lands.  The notice did not include any arguments supporting the appeal (Wyoming, et al. v. United States Department of the Interior, et al., No. 16-285, D. Wyo.).

  • December 30, 2020

    Agency: Groups Lack Standing To Challenge Rescission Of Methane Waste Rule

    SAN FRANCISCO — The U.S. Bureau of Land Management (BLM) on Dec. 21 filed a brief in the Ninth Circuit U.S. Court of Appeals contending that it should uphold a lower court’s summary judgment ruling that environmental groups lacked standing to pursue claims challenging the BLM’s decision to rescind the 2016 methane waste prevention rule that pertains to the venting and flaring of methane in hydraulic fracturing operations (California v. U.S. Bureau of Land Management, et al., Nos. 20-16157 and 20-16158, 9th Cir.).

  • December 30, 2020

    9th Circuit Denies Rehearing En Banc, Says Agency Met Fracking Lease Requirements

    SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Dec. 23 denied a petition for rehearing en banc in a hydraulic fracturing lawsuit and let stand the panel’s earlier decision, which held that the U.S. Bureau of Land Management (BLM) met the federal requirements for a 2017 lease sale in the National Petroleum Reserve (NPR) in Alaska (Northern Alaska Environmental Center, et al. v. U.S. Department of the Interior, et al., No. 19-35008, 9th Cir.).

  • December 30, 2020

    Cancer Victim:  Monsanto Liable For Fraud In Promoting Roundup As Safe

    CEDAR RAPIDS, Iowa — A man who contends that he contracted cancer from exposure to glyphosate, the active ingredient in the herbicide Roundup, sued Monsanto Co. on Dec. 23 in Iowa federal court, contending that it committed scientific fraud and misrepresented Roundup as being safe when in fact it is toxic (Michael Potash v. Monsanto Co., No. 20-4061, N.D. Iowa).

  • December 30, 2020

    Judge Conditionally Dismisses Glyphosate Cancer Case Due To Settlement Deal

    SAN FRANCISCO — A federal judge in California on Dec. 23 issued a conditional order dismissing one of the bellwether cases in the multidistrict litigation for Roundup Products Liability Litigation related to claims brought by cancer victims who say they were injured as a result of exposure to glyphosate, the active ingredient in Roundup.  No details of the settlement were available (In re:  Roundup Products Liability Litigation [Gebeyehou v. Monsanto], MDL No. 2741, No. 16-5813, N.D. Calif.).

  • December 30, 2020

    EPA Proposes Final Rule To Improve Lead Standard For Drinking Water

    WASHINGTON, D.C. — The U.S. Environmental Protection Agency on Dec. 21 published a final rule for regulatory revisions to the National Primary Drinking Water Regulation (NPDWR) for lead and copper under the authority of the Safe Drinking Water Act (SDWA), which accelerate the replacement of lead service lines and increase community water testing.

  • December 30, 2020

    Monsanto’s Misrepresentation, Fraud About Roundup Caused Cancer, Victim Says

    SALT LAKE CITY — A cancer victim on Dec. 23 sued Monsanto Co. in Utah federal court, contending that the company knowingly misrepresented the safety of its herbicide Roundup, which contains the active ingredient glyphosate.  She also says Monsanto committed scientific fraud in its attempt to show that glyphosate is not carcinogenic (Linda Ekker v. Monsanto Company, No. 20-904, D. Utah).

  • December 30, 2020

    Maryland Appellate Panel: Lead Injury Ruling Was Supported by Evidence

    ANNAPOLIS, Md. — The Maryland Court of Special Appeals on Dec. 21 affirmed a trial court’s decision and ruled that there was sufficient evidence to support a $1.7 million verdict awarded to a tenant who had been injured by exposure to lead-based paint (City Homes Inc. v. Dilan Sumpter, No. 1376, Sept. Term 2019, Md. Spec. App., 2020 Md. App. LEXIS 1213).

  • December 30, 2020

    Judge:  Some Of Cancer Victim’s Glyphosate Claims Against Monsanto Survive

    SAVANNAH, Ga. — A federal judge in Georgia on Dec. 21 partially dismissed a glyphosate cancer lawsuit against Monsanto Co., ruling that claims connected to the labeling and packaging of the herbicide Roundup failed, but determining that portions of the plaintiff’s design defect and negligence claims survived (John D. Carson Sr. v. Monsanto Company, No. 17-237, S.D. Ga., 2020 U.S. Dist. LEXIS 240309).

  • December 30, 2020

    Water Company:  Supreme Court Should Not Hear Pollution Case

    WASHINGTON, D.C. — A water supplier on Dec. 11 filed a brief in the U.S. Supreme Court contending that a petition for writ of certiorari filed by a manufacturing company in a groundwater contamination case should not be granted because it is “premised on a misreading of the Alabama Supreme Court’s plurality opinion which is based on the narrow facts of this case

  • December 23, 2020

    Judge: Trichloroethylene Injury Cases Valid, Concealment Claims Dismissed

    CENTRAL ISLIP, N.Y. — A federal judge in New York on Dec. 21 ruled that a consolidated action for trichloroethylene injury could proceed against a chemical laboratory brought by workers at the facility, although the plaintiffs’ claims for fraudulent concealment were dismissed (In re: Brookhaven National Laboratory Trichloroethylene Cases, No. 19-4839, E.D .N.Y., 2020 U.S. LEXIS 239930).

  • December 22, 2020

    Water Company Seeks Damages Against DuPont For PFAS Contamination

    TRENTON, N.J. — A water company on Dec. 18 sued E.I. DuPont de Nemours & Co. and its affiliates in New Jersey federal court seeking to hold them jointly and severally liable for damages allegedly sustained as a direct and proximate result of their releases of per- and polyfluoroalkyl substances (PFAS) into the air, soil and water (Suez Water New Jersey Inc. v. E.I. DuPont de Nemours & Co., et al., No. 20-19906, D. N.J.).

  • December 21, 2020

    Glyphosate Cancer Case For Monsanto’s ‘Wrongful Conduct’ Sent To Roundup MDL

    WASHINGTON, D.C. — The U.S. Judicial Panel on Multidistrict Litigation (JPMDL) on Dec. 16 issued a transfer order sending five more cases to the Roundup Products Liability Litigation MDL in California federal court. In one case, which is indicative of the lot, a couple says that Monsanto’s “wrongful conduct” resulted in the husband’s cancer diagnosis (In re: Roundup Products Liability Litigation, MDL No. 2741, N.D. Calif.).

  • December 18, 2020

    Walmart:  Roundup Case Lacks Standing And There Is ‘No Threat Of Imminent Injury’

    LOS ANGELES — Walmart Inc. on Dec. 9 moved in California federal court to dismiss a second amended Roundup class action on grounds that the claim fails for lack of standing and the lead plaintiff cannot show that she is likely to be deceived about the safety of Roundup in the future based on the lack of product warnings and, therefore, there is “no threat of imminent injury” (Sherry Hanna v. Walmart Inc., No. 20-1075, C.D. Calif.).

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