Mealey's Toxic Torts
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June 18, 2018
Putative Class: Tainted Water Claim Valid; Motion To Dismiss Should Be Denied
FORT MYERS, Fla. — A group of Florida residents on June 6 filed a brief in Florida federal court contending that the district court should deny the city of Fort Myers’ motion to dismiss the group’s putative class action for the contamination of local groundwater with arsenic because they have stated a claim for relief, among other things, for violation of federal laws that prohibit open dumps (Deretha Miller, et al. v. Fort Myers, et al., No. 18-195, M.D. Fla.).
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June 18, 2018
Chevron: Court Should Deny Relief, Hold Lago Agrio Attorney In Contempt
NEW YORK — Chevron Corp. filed a brief in a New York federal court on June 14 contending that the district court should deny a motion for declaratory relief filed by Steven Donziger, the attorney who represented a group of Ecuadorian residents who won an $18.5 billion judgment against the company for injuries only to have it reversed (Chevron Corporation v. Donziger, et al., No. 11 Civ. 691, S.D. N.Y.).
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June 18, 2018
Hawaii Governor Signs Law Prohibiting Use Of Pesticide Chlorpyrifos
HONOLULU — The governor of Hawaii on June 13 signed into law a bill that completely bans the use of pesticides containing chlorpyrifos starting in 2023, making it the first state to prohibit use of the chemical.
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June 15, 2018
Monsanto: Supplemental Ruling Supports Summary Judgment In Roundup MDL
SAN FRANCISCO — Monsanto Co. filed a notice of supplemental authority in California federal court on June 12 that it contends supports its motion for summary judgment based on a failure of general causation proof in the multidistrict litigation for Roundup (In re: Roundup Products Liability Litigation, MDL No. 2741, N.D. Calif.).
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June 15, 2018
Colorado Mine Spill Cases Should Not Be Consolidated, Navajo Nation, Others Say
ALBUQUERQUE, N.M. — The Navajo Nation and the states of New Mexico and Utah on June 7 filed a brief in a New Mexico federal court arguing that their lawsuit should not be consolidated with others against the companies that spilled 3 million gallons of acid mine drainage and heavy metals into the Animas and San Juan rivers. The Navajo Nation and the states argue that the spill has tainted the groundwater supply (In re: Gold King Mine Release in San Juan County, Colorado on August 5, 2015, No. 18-2824, D. N.M.).
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June 15, 2018
California Attorney General’s Motion To Alter Glyphosate Warning Fails, Judge Says
SACRAMENTO, Calif. — A federal judge in California on June 12 denied a motion by the California attorney general that sought to amend a ruling issued by the court in February that enjoined the state of California from requiring companies to issue a warning regarding glyphosate (National Association of Wheat Growers, et al. v. Lauren Zeise, et al., No. 17-2401, E.D. Calif.).
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June 13, 2018
New Jersey Mother Sues Property Owner, Realty Company For Lead Paint Injuries
LAWRENCEVILLE, N.J. — A mother in New Jersey on June 8 sued a property owner and management company in state court, arguing that they are liable for injuries she and her child suffered as a result of exposure to lead-based paint (Trenice Audain v. Clifridge Associates LLC, et al., No. ESX-L-004043-18, N.J. Super., Essex Co.).
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June 12, 2018
Government Agency Issues New Standard For Workplace Exposure To Silica
WASHINGTON, D.C. — The Occupational Safety and Health Administration (OSHA) on June 11 issued a standard to limit the exposure of workers to respirable crystalline silica in general industry and maritime occupations.
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June 11, 2018
Government, New York City Authority Reach Lead Hazard Deal Worth At Least $1.4B
NEW YORK — The U.S. attorney for the Southern District of New York on June 11 announced that he has reached a lead hazard settlement with the New York City Housing Authority (NYCHA) that imposes a federal monitor, requires the city to provide $1.2 billion of additional capital funding to NYCHA over the next five years and requires the city to provide $200 million every year thereafter until the problems are fixed and the consent decree is no longer necessary (United States v. New York City Housing Authority, No. 18-5213, S.D. N.Y.).
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June 7, 2018
EPA, ‘Fixer Upper’ Home Repair Show Reach Deal Regarding Lead-Based Paint
WASHINGTON, D.C. — The Environmental Protection Agency announced June 5 that it has reached a settlement agreement with Magnolia Waco Properties LLC, which does business as Magnolia Homes, to resolve alleged violations of the Toxic Substances Control Act (TSCA) related to home renovations conducted without adequate lead paint protection on the home renovation television show “Fixer Upper.”
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June 7, 2018
Toxic Tort Law Firm Accused Of Breach Of Conduct Removes Case To Federal Court
SCRANTON, Pa. — A law firm on June 4 removed to the U.S. District Court for the Middle District of Pennsylvania a putative class action brought against it by a man who contends that the firm breached its professional obligations that were part of a contingent fee agreement in an underlying toxic tort lawsuit to which he was party (Stanley Waleski v. Montgomery McCracken Walker & Rhoads, No. 18-1144, M.D. Pa.).
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June 6, 2018
Pipeline Owner Awarded Summary Judgment In Suit Over 2014 Spill
TUSCALOOSA, Ala. — A federal judge in Alabama on June 4 awarded summary judgment to a pipeline company on plaintiffs’ claims for violations of the Clean Water Act (CWA) and Resource Conservation and Recovery Act (RCRA), finding that a 2014 spill was not an ongoing violation and that the plaintiffs were unable to produce reliable expert evidence to show that any remaining gasoline vapors presented an imminent threat to human health (Day LLC, et al. v. Plantation Pipe Line Co., et al., No. 16-cv-00429-LSC, N.D. Ala., 2018 U.S. Dist. LEXIS 93749).
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June 6, 2018
California School District, Water Company Sue Dow, Others For Water Contamination
SAN FRANCISCO — A California school district and a water company on June 4 filed two separate complaints against The Dow Chemical Co. in California state court, contending that it and other chemical companies are liable for contaminating the local groundwater with 1,2,3-trichloropropane (TCP) (Superior Mutual Water Company v. The Dow Chemical Company, et al., No. CGC-18-566968, Rio Bravo-Greeley Union School District v. The Dow Chemical Company, et al., No. CGC-18-566967, Calif. Super., San Francisco Co.).
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June 4, 2018
Municipal Water Agency Objects To Company’s Bill Of Costs In Groundwater Case
CENTRAL ISLIP, N.Y. — A municipal water district on May 31 filed a brief in a New York federal court contending that Northrop Grumman’s bill of costs in the litigation between the parties concerning contaminated groundwater should be denied in its entirety (Bethpage Water District v. Northrop Grumman Corporation, et al., No. 13-6362, E.D. N.Y.).
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June 4, 2018
City Of Fort Myers: Statute Has Run On Claim For Tainted Groundwater
FORT MYERS, Fla. — The city of Fort Myers and two of its employees on May 23 moved to dismiss a putative class action lawsuit that alleges they are liable for the contamination of local groundwater with arsenic on grounds that the statute of limitation has expired and medical monitoring cannot be certified as a class claim (Deretha Miller, et al. v. Fort Myers, et al., No. 18-195, M.D. Fla.).
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June 1, 2018
Judge Orders Lead-Paint Defendants’ Affirmative Defenses Withdrawn
MILWAUKEE — A federal judge in Wisconsin on May 16 ordered several affirmative defenses asserted by the former makers of lead-based paint withdrawn in a lawsuit brought by Wisconsin residents who argue that the companies are liable for injuries they sustained from exposure to leaded paint (Glenn Burton v. American Cyanamid, et al., No. 07-0303, E.D. Wis.).
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June 1, 2018
Judge Allows Discovery At DuPont Chemical Plant In Tainted Groundwater Case
WILMINGTON, N.C. — A federal judge in North Carolina on May 25 granted a motion by a group of plaintiffs seeking to conduct discovery on a premises of a chemical plant operated by a subsidiary of E.I. DuPont de Nemours & Co. as part of a lawsuit against the company and is affiliates alleging they are liable for groundwater contamination (Brunswick County, North Carolina v. DowDuPont Inc., et al., No. 17-209, E.D. N.C.).
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June 1, 2018
Residents Seek Class Status For Injury Claims Related To Refinery Explosion
LOS ANGELES — A group of California residents on May 30 moved in California federal court seeking class certification for their injury lawsuit against Exxon Mobil Corp. related to damages they allege they have suffered as a result of an explosion at the company’s Torrance Refinery in 2015 (Arnold Goldstein, et al. v. Exxon Mobil Corporation, et al., No. 17-2477, C.D. Calif.).
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May 31, 2018
Split 4th Circuit Denies Rehearing En Banc Of Groundwater Ruling
RICHMOND, Va. — A divided panel of the Fourth Circuit U.S. Court of Appeals on May 30 denied a petition for rehearing en banc of its divided ruling which concluded that conservation groups have a valid claim against a company whose pipeline leaked 369,000 gallons of gasoline into local groundwater and other water sources (Upstate Forever, et al. v. Kinder Morgan Energy Partners LP, et al., No. 17-1640, 4th Cir.).
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May 31, 2018
Monsanto Denies Liability, Says Roundup Is Non-Toxic, Non-Carcinogenic
SAN FRANCISCO — Monsanto Co. on May 29 filed another answer to one of the more than 400 lawsuits in the multidistrict litigation (MDL) for Roundup, denying any liability for injuries — including non-Hodgkin lymphoma — that plaintiffs say were caused by exposure to the herbicide’s active ingredient glyphosate (In re: Roundup Products Liability Litigation, MDL No. 2741, N.D. Calif.).