Mealey's Toxic Torts

  • May 12, 2022

    More PFAS Cases Sent To MDL, Including New Hampshire’s Claim Of Statewide Pollution

    WASHINGTON, D.C. — On May 10, the U.S. Judicial Panel on Multidistrict Litigation (JPMDL) transferred four cases to the MDL for Aqueous Film Forming Foams (AFFF) litigation in South Carolina federal court, including a lawsuit brought by New Hampshire against 3M Co. and other makers of per- and polyfluoroalkyl substances (PFAS), which it says have contaminated the state’s drinking water.

  • May 12, 2022

    Paraquat Makers’ ‘Negligent’ Conduct Caused Parkinson’s Disease, Group Says

    WILMINGTON, Del. — A group of Parkinson’s disease sufferers on May 10 sued the makers of the pesticide paraquat in Delaware state court, contending that their “negligent and wrongful conduct” with regard to the manufacture and sale of the chemical caused their injuries.

  • May 11, 2022

    Solicitor General: High Court Should Not Hear FIFRA Glyphosate Preemption Case

    WASHINGTON, D.C. — The U.S. solicitor general on May 10 filed an amicus curiae brief in the U.S. Supreme Court arguing that it should not hear Monsanto Co.’s appeal of a federal appellate ruling in favor of a glyphosate cancer victim because the lower court correctly held that the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) does not preempt the claims and there is no conflict with decisions in other courts or with the standards applied when considering the admissibility of expert testimony.

  • May 11, 2022

    Widow Says Paraquat Makers Are Liable For Husband’s Wrongful Death

    EAST ST. LOUIS, Ill. — A woman representing the estate of her deceased husband on May 9 sued the makers of the pesticide paraquat in Illinois federal court claiming they are liable for his wrongful death on grounds that they “knowingly, affirmatively, and actively concealed safety information” regarding paraquat and the serious risks associated with exposure to it.

  • May 10, 2022

    Monsanto Denies Fault, Says Cancer Victim Was Injured By His Own Conduct, Others

    COLUMBUS, Ohio — On May 10, Monsanto Co. filed an answer in Ohio federal court denying liability for causing a man’s cancer as a result of his exposure to glyphosate, the active ingredient in the herbicide Roundup, and arguing that the claims are barred because his injuries, if any, “were the result of conduct of plaintiffs, independent third parties, and/or events that were extraordinary under the circumstances.”

  • May 10, 2022

    Judge Transfers PFAS Case, Says Plaintiffs Engaged In ‘Blatant Forum Shopping’

    SAN FRANCISCO — A federal judge in California on May 9 transferred a per- and polyfluoroalkyl substances (PFAS) water contamination case against the U.S. Environmental Protection Agency to North Carolina federal court, ruling that the plaintiffs’ attempt to bring the lawsuit in California “appears to be a product of blatant forum shopping” because the contamination in question is in North Carolina.

  • May 10, 2022

    Parkinson’s Sufferer Says Paraquat Makers Knew It Was ‘Highly Toxic’

    EAST ST. LOUIS, Ill. — A man with Parkinson’s disease on May 7 sued the makers of the pesticide paraquat in Illinois federal court contending that they are liable for his injury because they knew, or should have known, that paraquat “was a highly toxic substance that can cause severe neurological injuries and impairment.”

  • May 09, 2022

    Pollution Exclusion Bars Coverage For Toxic Exposure Suit, Insurer Says

    ORLANDO, Fla. — A pollution exclusion bars coverage for an underlying bodily injury suit seeking damages as a result of exposure to toxic vapors, an insurer asserts in a May 3 complaint filed in Florida federal court.

  • May 09, 2022

    In VOC Vapor Row, City Wins Dismissal Of Damage Claims

    MILWAUKEE — A request for economic damages allegedly sustained by property owners living adjacent to a West Bend, Wis.-owned former landfill that has caused volatile organic compound (VOC) contamination was denied May 4 by a federal judge in Wisconsin.

  • May 06, 2022

    Panel Sends Municipalities’ PFAS Water Pollution Cases To AFFF MDL

    WASHINGTON, D.C. — On May 5, the U.S. Judicial Panel on Multidistrict Litigation (JPMDL) transferred two cases to the MDL for aqueous film forming foam (AFFF) litigation, one brought by a city in Ohio and another filed by a municipality in Pennsylvania, each of which contends that 3M Co. and other makers of per- and polyfluoroalkyl substances (PFAS) are liable for contaminating their respective water supplies.

  • May 03, 2022

    Discovery Reopened To Allow Insurer To Obtain Information In Exposure Suit

    CHARLESTON, S.C. — A South Carolina federal judge on March 24 granted an insurer’s motion for reconsideration in a dispute over coverage for an underlying chemical exposure suit and reopened discovery to allow the insurer to obtain information on coverage issues raised in a declaration submitted by the insured’s former in-house counsel.

  • April 29, 2022

    Cancer Victim: Monsanto Knew Of Roundup’s ‘Dangerous Carcinogenic Properties’

    HOUSTON — A woman sued Monsanto Co. on April 28 in Texas federal court contending that despite the fact that it knew, or should have known, that the herbicide Roundup caused serious injuries, the company “failed to exercise reasonable care to warn of the dangerous carcinogenic properties and the side effect of developing” cancer from Roundup exposure.

  • April 29, 2022

    Company: Georgia High Court Should Answer 2 Questions Of Law In PFAS Case

    ROME, Ga. — A chemical company on April 27 filed a brief in a Georgia federal court asking it to certify questions to the Georgia Supreme Court regarding duties of care under state law as those duties relate to a per- and polyfluoroalkyl substances (PFAS) drinking water contamination lawsuit.

  • April 29, 2022

    Underlying Plaintiffs In Fracking Wastewater Dispute Properly Joined As Defendants

    OKLAHOMA CITY — Underlying plaintiffs named as defendants in an insurer’s suit seeking a declaration that no coverage is owed to its insured for the disposal of fracking wastewater that caused earthquake activity in Oklahoma are proper parties in the insurer’s suit because the underlying plaintiffs have a sufficient interest in the resolution of the suit, an Oklahoma federal judge said April 28 in denying the underlying plaintiffs’ motion to dismiss.

  • April 29, 2022

    11 Cases Filed In 1 Day As Parkinson’s Sufferers Blame Injuries On Paraquat Makers

    EAST ST. LOUIS, Ill. — On April 28, a man with Parkinson’s disease sued the makers of the pesticide paraquat in Illinois federal court, contending that they are liable for his injury because they knew, or should have known, that paraquat is a highly toxic substance that can cause severe neurological injuries and impairment.  The complaint is one of 11 separate lawsuits filed in just one day in the multidistrict litigation for paraquat.

  • April 28, 2022

    Company Seeks More Than $400K In Costs Related To Lead Paint Litigation

    MILWAUKEE — The Sherwin-Williams Co. on April 25 filed a reply brief in Wisconsin federal court contending that it is entitled to more than $400,000 in costs and taxes related to lead-based paint injury litigation that was dismissed last month and arguing that the plaintiffs’ objections have “no basis.”

  • April 28, 2022

    Paraquat Makers’ ‘Fraudulent Concealment’ Caused Disease, Couple Says

    EAST ST. LOUIS, Ill. — A couple, the husband of which suffers from Parkinson’s disease, on April 26 sued the makers of the pesticide paraquat in Illinois federal court contending that they are liable for his injury because of their “knowing and active fraudulent concealment” regarding the dangers of paraquat, which he says the defendants falsely represented as safe.

  • April 27, 2022

    Judge Dismisses Toxic Metals Baby Food Case, Says Injury Was Not Established

    TRENTON, N.J. — A federal judge in New Jersey on April 25 dismissed a lawsuit by a putative class seeking relief for purchasing baby food products that contain toxic heavy metals, ruling that while the plaintiffs showed that the metals were in the products in question, they failed to show that the amount of metals was sufficient to establish an injury.

  • April 26, 2022

    No Coverage Owed To Insured For Underlying Chemical Exposure Suit

    CHARLESTON, S.C. — A South Carolina federal judge on April 19 granted an insurer’s motion for summary judgment after determining that the insurer has no duty to defend or indemnify the insured against an underlying chemical exposure suit because the underlying claimant, who was exposed to wood treating chemicals that caused cancer, was not exposed to the chemicals during the insurer’s policy period.

  • April 25, 2022

    Panel Reverses FOIA Ruling For Documents Related To PFAS Water Pollution Case

    LANSING, Mich. — A Michigan appellate panel on April 21 reversed and remanded a ruling that found that a state environmental agency was exempt from a law firm’s Freedom of Information Act (FOIA) request for documentation regarding the agency’s response to water contamination from per- and polyfluoroalkyl substances (PFAS).

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