GRAND RAPIDS, Mich. — A class of plaintiffs suing the 3M Co. for injuries from exposure to per- and polyfluoroalkyl substances (PFAS) on Oct. 1 filed a brief in Michigan federal court consenting to 3M’s request to seal its brief opposing class certification and designated portions of five expert reports to protect the plaintiffs’ sensitive medical records and personally identifying information.
RALEIGH, N.C. — On Sept. 30, a federal judge in North Carolina remanded to state court a case in which residents allege that Chemours Co. FC LLC is liable for groundwater contamination from per- and polyfluoroalkyl substances (PFAS), ruling that the plaintiffs have shown the absence of complete diversity such that federal jurisdiction is lacking.
MINNEAPOLIS — A federal judge in Minnesota on Sept. 30 dismissed a securities fraud class action against the 3M Co., ruling that shareholders did not allege with sufficient particularity that the company misled them with regard to its liabilities from litigation stemming from its production of per- and polyfluoroalkyl substances (PFAS).
WILMINGTON, Del. — The Judicial Panel on Multidistrict Litigation (JPMDL) on Oct. 12 transferred to the multidistrict litigation for Roundup products liability a case in Delaware federal court in which plaintiffs who allege that they have been injured by glyphosate, the active ingredient in Roundup, assert causes of action for economic loss based on alleged overcharges for Roundup products. Parties not involved in the case had moved for transfer on grounds that a proposed settlement in the case would affect other cases in the MDL.
SAN FRANCISCO — Monsanto Co. on Oct. 11 filed an answer in California federal court contending that a cancer victim who says his exposure to glyphosate, the active ingredient in the herbicide Roundup, caused his injury fails to state a claim. Monsanto also says the plaintiff cannot proffer any scientifically reliable evidence that Roundup is “defective or unreasonably dangerous.”
ATLANTA — A widow sued Monsanto Co. on Oct. 12 in Georgia federal court contending that it is liable for her husband’s death because he developed cancer from exposure to glyphosate, the active ingredient in the herbicide Roundup. She also argues that Monsanto knew that Roundup was “inherently dangerous and unsafe.”
NEW YORK — Environmental attorney Steven R. Donziger, who has been sentenced to six months in federal prison for his conviction on six counts of criminal contempt in connection with the Lago Agrio contamination lawsuit, on Oct. 8 filed a brief in the Second Circuit U.S. Court of Appeals supporting a motion for release pending appeal, arguing yet again that the special prosecutor in the case lacked constitutional authority.
WASHINGTON, D.C. — The U.S. Environmental Protection Agency on Oct. 7 announced that it has granted 10 petitions requesting that the agency restrict the use of hydrofluorocarbons (HFCs) pursuant to the American Innovation and Manufacturing Act (AIM).
BALTIMORE — A commercial general liability (CGL) insurer is responsible for only 81.49 percent of an underlying judgment entered against its insured landlord for exposure to lead paint in the landlord’s property because pursuant to Maryland law, a pro-rata, time-on-the-risk allocation method must be applied to calculate the amount owed by the insurer, a Maryland federal magistrate judge said Oct. 6 in granting the insurer’s motion for summary judgment.
SIOUX FALLS, S.D. — A federal judge in South Dakota on Sept. 29 transferred to the multidistrict litigation for Roundup products liability actions a glyphosate cancer case brought by a doctor who contends that Roundup manufacturer Monsanto knew, or should have known, that glyphosate, the active ingredient in the herbicide Roundup, was carcinogenic.
NEW YORK — A lower district court improperly excluded an expert witness retained by a couple who maintains that E.I. du Pont de Nemours & Co. caused the husband to develop cancer because the judge relied on a state court evidence ruling when the federal evidence rule applied, the Second Circuit U.S. Court of Appeals said Oct. 6, reversing the summary judgment award and remanding the case for trial.
LOS ANGELES — Four companies, including a former manufacturer of the pesticide DDT, agreed to pay more than $86 million to investigate and clean up contaminated groundwater at and around two California Superfund sites and reimburse the federal and state governments for their response costs, the U.S. Department of Justice announced Oct. 5. The agreements are the latest reached in a groundwater contamination suit that commenced in 1990.
LOS ANGELES — A state court jury in California on Oct. 5 ruled in favor of Monsanto Co. in a cancer lawsuit brought against the company, finding that the plaintiff’s exposure to the herbicide Roundup, which contains the active ingredient glyphosate, was not a substantial factor in causing his lymphoma.
WASHINGTON, D.C. — The Washington Legal Foundation (WLF) on Oct. 4 filed an amicus curiae brief in the U.S. Supreme Court contending that it should hear Monsanto Co.’s appeal of a decision that affirmed an award for damages in a glyphosate cancer case, arguing that the circuit court in question has a “longstanding and erroneous permissiveness in admitting unreliable expert testimony on causation.”
NEW YORK — Environmental attorney Steven R. Donziger was sentenced Oct. 1 to six months in federal prison for his conviction on six counts of criminal contempt in connection with the Lago Agrio contamination lawsuit.
SAN FRANCISCO — A split panel of the Ninth Circuit U.S. Court of Appeals on Sept. 29 reversed and remanded a district court’s ruling and held that hexavalent chromium constitutes solid waste and that a municipality can be considered a transporter of the chemical into groundwater under the Resource Conservation and Recovery Act (RCRA).
BUFFALO, N.Y. — A federal judge in New York on Sept. 14 denied a cancer victim’s motion to amend his complaint against makers of ortho-toluidine to include another defendant and assert a claim for injunctive relief under the Toxic Substances Control Act (TSCA), ruling that he lacked standing because he could not assert a present threat of harm from the chemical in question.
LOS ANGELES — On Sept. 29, an attorney involved in the litigation against Southern California Gas (SoCal Gas) pertaining to the 2015 methane gas leak at its Aliso Canyon Natural Gas Storage Facility confirmed to Mealey Publications that a $1.8 billion settlement has been reached, the details of which are subject to a confidentiality agreement.
GRAND RAPIDS, Mich. — The 3M Co. on Sept. 27 filed a brief in Michigan federal court contending that there is “good cause to seal” portions of its brief opposing a motion for class certification filed by plaintiffs who claim that the company is liable for injuries from exposure to per- and polyfluoroalkyl substances (PFAS) because the company’s brief discusses “protected health information.”
CHARLESTON, S.C. — A former firefighter on Sept. 24 sued the 3M Co. and other chemical companies in South Carolina federal court contending that he developed cancer from exposure to per- and polyfluoroalkyl substances (PFAS) in aqueous film forming foam (AFFF), which he says the defendants knew was “highly toxic.”