Mealey's Toxic Torts

  • April 13, 2022

    Panel Transfers Pennsylvania And Colorado PFAS Cases To MDL For Aqueous Foam

    WASHINGTON, D.C. — The U.S. Judicial Panel on Multidistrict Litigation (JPMDL) on April 11 transferred three cases to the MDL for aqueous film forming foams (AFFF), including a case filed by a Pennsylvania municipality and one filed by the state of Colorado, which contend that per- and polyfluoroalkyl substances (PFAS), active ingredients in AFFF, have contaminated their respective water supplies.

  • April 13, 2022

    Split Texas Appeals Panel: Water Pollution Claim Barred By Statute Of Limitations

    HOUSTON — A split appellate panel in Texas on April 12 affirmed summary judgment dismissal of a groundwater contamination lawsuit against an oil and gas drilling company on grounds that the statute of limitations had run on the claim filed by the landowners who sought to hold the company liable for pollution.

  • April 13, 2022

    Glyphosate Cancer Victim Sues Monsanto For ‘Full Knowledge’ Of Roundup’s Dangers

    SAN JUAN, Puerto Rico — A cancer victim on April 12 sued Monsanto Co. in Puerto Rico federal court contending that its “negligent and wrongful conduct” related to the manufacture and sale of the herbicide Roundup, which contains that active ingredient glyphosate, caused her injury.  She also argues that Monsanto had “full knowledge of its dangerous and defective nature.”

  • April 13, 2022

    City In Georgia Intervenes In PFAS Drinking Water Pollution Case Seeking Remedies

    ATLANTA — A city in Georgia on March 30 filed an intervenor complaint in Georgia federal court joining a lawsuit alleging that the 3M Co. and others are liable for contaminating drinking water with per- and polyfluoroalkyl substances (PFAS) and contending that the companies knew of the toxicity of PFAS for decades.

  • April 12, 2022

    Companies Challenge Order Limiting Government Contractor Defense In AFFF MDL

    CHARLESTON, S.C. — A group of defendants referring to themselves as “non-bellwehther foam manufacturers” in the multidistrict litigation for liability related to the firefighting agent known as aqueous film forming foam (AFFF) on April 11 moved in South Carolina federal court for reconsideration of a case management order that allows primary defendants to file briefs on what is referred to as the government contractor defense related to their manufacture of AFFF but allows other defendants the right to make that argument only “if deemed necessary by the Court.”

  • March 28, 2022

    Appellate Panel Affirms Dismissal Of Injury Case On Limitations Grounds

    HOUSTON — A Texas appellate panel on March 24 affirmed a lower court’s ruling dismissing a cancer victim’s chemical injury lawsuit against a chemical company, arguing that he failed to show that he had a latent disease and that the statute of limitations barred his claim.

  • March 28, 2022

    Parkinson’s Victim:  Companies ‘Deliberately Concealed’ Paraquat’s Dangers

    EAST ST. LOUIS, Ill. — A man with Parkinson’s disease sued the makers of the pesticide paraquat in Illinois federal court on March 22, contending that they are liable for his injury because they “deliberately concealed” the dangers of paraquat and “knowingly unleashed” a product that they knew caused his specific disease.

  • March 28, 2022

    Insurers Failed To Prove Insured Expected Harm Resulting From Lead Paint

    NEW YORK — A New York appellate court on March 24 affirmed a trial court’s denial of 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, agreeing with the trial court’s determination 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.

  • March 25, 2022

    PFAS Makers Remove Case, Claim Immunity From Liability As ‘Government Contractors’

    PHILADELPHIA — On March 24, two companies removed to Pennsylvania federal court a lawsuit alleging contamination from per- and polyfluoroalkyl substances (PFAS), arguing that not only does the case belong in federal court, but also based on the “government contractor” defense recognized by the U.S. Supreme Court, they are immune to tort liability.

  • March 25, 2022

    Chemours:  Reconsideration Of PFAS Ruling In Securities Case Is Not Warranted

    WILMINGTON, Del. — The Chemours Co. on March 23 filed a brief in Delaware federal court contending that the district court’s ruling, which limited the scope of the litigation against it related to claims that the company falsely understated its maximum potential environmental remediation liabilities pertaining to per- and polyfluoroalkyl substances (PFAS) when it filed documents with the U.S. Securities and Exchange Commission, was correct and that reconsideration is not needed.

  • March 25, 2022

    Ohio, Monsanto Reach $80M Deal On PCB Contamination Of Drinking Water, Soil

    COLUMBUS, Ohio — Ohio Attorney General Dave Yost on March 24 announced an $80 million settlement with Monsanto Co. resolving drinking water and environmental damage claims related to contamination from polychlorinated biphenyls (PCBs).

  • March 25, 2022

    6th Circuit Must Hear AFFF Class To Avoid ‘Reverse Death-Knell’ Scenario, 3M Says

    CINCINNATI — On March 22, 3M Co. and others petitioned the Sixth Circuit U.S. Court of Appeals insisting that interlocutory review of a class certification order in aqueous film forming foam (AFFF) litigation is “urgently needed” because the potential stakes of the case at hand present a “reverse death-knell” scenario due to the district court’s failure to comply with Federal Rule of Civil Procedure 23(b)(2).

  • March 25, 2022

    Attorney Appeals Fee Award In Flint Water Crisis Case

    ANN ARBOR, Mich. — The attorney for a group of plaintiffs in the Flint water crisis litigation on March 10 filed a notice in Michigan federal court that he will appeal to the Sixth Circuit U.S. Court of Appeals an opinion and order that denied him an award of attorney fees. The notice of appeal does not provide any information on the specifics of the appeal.

  • March 24, 2022

    EPA: States Challenging Lead Water Rule Cannot ‘Rebuff’ Delay In Implementation

    WASHINGTON, D.C. — On March 21, the U.S. Environmental Protection Agency filed a brief in the District of Columbia Circuit U.S. Court of Appeals arguing that the states challenging the agency’s revision rule concerning standards for lead in drinking water can adopt the rule and rebuff the extension that they were offered, but they cannot ask the Circuit Court to rebuff the extension that was provided for the sake of ensuring that the states had ample time to comply.

  • March 22, 2022

    Man Says Paraquat Makers’ ‘Tortious Conduct’ Caused His Parkinson’s Disease

    EAST ST. LOUIS, Ill. — On March 18, a man sued the makers of the pesticide paraquat in Illinois federal court seeking damages for “tortious conduct” because in their “negligence” they “fraudulently concealed” facts that showed a link between paraquat and Parkinson’s disease, and they prevented the plaintiff from discovering his right to a claim earlier.

  • March 22, 2022

    Sacramento Water Authority PFAS Case Transferred To Aqueous Film MDL

    WASHINGTON, D.C. — The U.S. Judicial Panel on Multidistrict Litigation (JPMDL) on March 21 transferred two more cases to the MDL for aqueous film forming foam (AFFF) litigation in South Carolina federal court.  One of the cases is brought by a municipal water authority in California that seeks damages for the ongoing contamination of its supply.

  • March 22, 2022

    Former Governor, Others Must Testify In Flint Water Bellwether Case, Judge Says

    ANN ARBOR, Mich. — A federal judge in Michigan on March 21 denied motions to quash subpoenas for five defendants, including former Michigan Gov. Rick Snyder, who sought to avoid testifying in the Flint water crisis bellwether trial currently under way in Michigan federal court.  The judge said that because the parties had testified in depositions earlier in the case, they cannot now invoke the privilege against self-incrimination.

  • March 21, 2022

    Couple Says Monsanto ‘Actively Concealed’ Dangers Associated With Glyphosate

    OWENSBORO, Ky. — On March 18, a couple sued Monsanto Co. in Kentucky federal court contending that it is liable for the husband’s cancer diagnosis because it “actively concealed” health risks associated with the herbicide Roundup, which contains the active ingredient glyphosate.

  • March 21, 2022

    Judge Stays Oil Company’s PFAS Case Pending Transfer To MDL For AFFF Litigation

    DETROIT — A federal judge in Michigan on March 17 stayed a lawsuit brought by the operator of an oil refinery for groundwater contamination from per- and polyfluoroalkyl substances (PFAS) in the firefighting agent known as aqueous film forming foam (AFFF), which it uses to douse chemical fires at its facility.  The judge stayed the matter pending a decision by the U.S. Judicial Panel on Multidistrict Litigation (JPMDL) regarding a possible transfer of the litigation to the MDL for AFFF products.

  • March 18, 2022

    Cancer Victim Says Monsanto Had ‘Full Knowledge’ Of Glyphosate’s Dangers

    GULFPORT, Miss. — A cancer victim on March 17 sued Monsanto Co. in Mississippi federal court contending that it is liable for his injury because it manufactured and sold the herbicide Roundup, which contains the active ingredient glyphosate, “with full knowledge of its dangerous and defective nature.”

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