Mealey's Toxic Torts

  • May 14, 2021

    Manufacturer Says Its Products Did Not Cause Cancer Victim’s Injuries

    GALVESTON, Texas — Radiator Specialty Co., one of the defendants in an injury lawsuit brought by a man who alleges that he developed cancer as a result of exposure to benzene during the time he worked as a mechanic at a car dealership, on April 9 filed an answer in Texas federal court, contending that the plaintiff did not sustain any injury as a result of any of its products.

  • May 14, 2021

    Public Law Scholars:   Glyphosate Preemption Ruling Should Be Reversed

    ATLANTA — A group of public law scholars on May 12 filed an amicus curiae brief in the 11th Circuit U.S. Court of Appeals contending that a lower court’s preemption ruling concerning a glyphosate cancer victim’s claim against Monsanto Co. should be reversed on the grounds of federalism.

  • May 14, 2021

    Judge:  Some Plaintiffs’ Experts’ Opinions Admissible In Chemical Injury Case

    ST. LOUIS — A federal judge in Missouri on May 4 partially granted and partially denied a chemical company’s motion to exclude certain plaintiffs’ experts in a chemical exposure case, ruling that two of the experts were admissible given their expertise on chemical exposure, but a third was not because in his causation opinion he failed to properly consider and rule out other possible causes of the plaintiff’s injuries.

  • May 14, 2021

    C8 Plaintiffs Move To Terminate MDL As Cases Get Resolved

    COLUMBUS, Ohio — The plaintiffs co-lead counsel in the multidistrict litigation for personal injury litigation related toperfluorooctanoic acid (known as C8) against E.I. du Pont de Nemours & Co. on April 29 moved in Ohio federal court seeking to terminate the MDL on grounds that the only remaining nonsettled case in the MDL has been tried to a verdict.  DuPont does not oppose the motion.

  • May 13, 2021

    Monsanto: Glyphosate Cancer Victim’s Motion To Remand Case Is ‘Improper’

    SAN FRANCISCO — Monsanto Co. on May 12 filed a brief in California federal court contending that a glyphosate cancer victim’s motion to amend his complaint and remand the case from the multidistrict litigation to Florida state court is “a belated, improper effort to manipulate the forum for this case and deprive Monsanto of its right to have this case adjudicated in federal court.”

  • May 13, 2021

    Cancer Victim:  Monsanto Knowingly Concealed Dangers Of Herbicide Roundup

    FORT MYERS, Fla. — A cancer victim on May 12 sued Monsanto Co. and its parent company in Florida federal court contending that they are liable for causing her injury as a result of manufacturing the herbicide Roundup, which contains the active ingredient glyphosate.  The plaintiff argues that the companies knowingly concealed the dangers of the herbicide.

  • May 12, 2021

    Donziger Contempt Trial Begins Contentiously; RICO Judgment, Other Issues Disputed

    NEW YORK — The contentious tone that has been present throughout the lengthy litigation involving Steven R. Donziger, the attorney who won an $18.5 billion judgment against Chevron Corp. in a court in Ecuador for injuries only to have it reversed, continued at the start of his criminal contempt trial on May 10 as Donziger’s attorneys sparred with the judge at length before opening arguments began.

  • May 12, 2021

    Judge Orders Settlement Of PFOA Drinking Water Pollution Case

    BURLINGTON, Vt. — A federal judge in Vermont on May 10 issued a ruling that conditioned the settlement of a class action lawsuit concerning drinking water contamination by perfluorooctanoic acid (PFOA) on Saint-Gobain Performance Plastics Corp.’s agreement to pay a one-third contingency fee plus a pro rata share of the plaintiffs’ expenses.

  • May 12, 2021

    26 More Flint, Mich., Residents Object To $641.25M Water Crisis Settlement Proposal

    ANN ARBOR, Mich. — An additional 26 individuals on May 11 filed separate objections to the $641.25 million Flint water crisis settlement in Michigan federal court using a boilerplate form, listing numerous aspects of the agreement to which they are opposed.  One of the contentions on the form, which is asserted by many of the 26 objectors, is that the settlement is not “fair, reasonable and/or adequate.”

  • May 11, 2021

    Cancer Victim: Monsanto Knowingly Concealed Safety Information About Roundup

    NEW ORLEANS — A cancer victim sued Monsanto Co. in Louisiana federal court on May 6, contending that it “knowingly, affirmatively, and actively concealed safety information” regarding the herbicide Roundup, which contains the active ingredient glyphosate, allegedly causing his injury.

  • May 11, 2021

    Woman:  Baby Food Maker Knowingly Sold Products Containing Toxins

    ALBANY, N.Y. — A woman sued baby food maker Beech-Nut Nutrition Co. on May 4 in New York federal court contending that it knowingly sold products that contain numerous toxins including arsenic and perchlorate.

  • May 05, 2021

    Law Firm:  Donziger ‘Abusing’ Rules Of Criminal Procedure By Issuing Subpoenas

    NEW YORK — The law firm that obtained the original RICO judgment against Steven R. Donziger, the attorney who won an $18.5 billion judgment against Chevron Corp. in a court in Ecuador for injuries only to have it reversed, moved May 4 in New York federal court to quash subpoenas issued by Donziger in advance of his criminal contempt trial, saying he is abusing the rules of criminal procedure.

  • May 04, 2021

    Herbicide Ingredient Paraquat Causes Parkinson’s Disease, Multiple Plaintiffs Say

    PHILADELPHIA — A man who has Parkinson’s disease and his wife on April 30 sued three companies that manufacture the chemical paraquat, which is used in various herbicides, in Pennsylvania federal court, contending that they are liable for his injury because they “knowingly unleashed a product they knew caused Parkinson’s disease” and hid the dangers of it from the public and government safety agencies.  The complaint is one of six separate actions filed in a coordinated effort against the companies.

  • May 03, 2021

    Couple:  Expert’s Opinions Are ‘Epitome Of Reliability’ Under Federal Standards

    NEW YORK — A couple that maintains that E.I. du Pont de Nemours & Co. caused the husband to develop cancer filed a reply brief on April 5 in the Second Circuit U.S. Court of Appeals contending that the opinions of his expert are “the epitome of reliability” under U.S. Supreme Court precedent and federal rules because they “they go no further” than findings reached by federal investigators that were published in peer-reviewed scientific literature.

  • April 30, 2021

    Split 9th Circuit Orders EPA To Revoke Or Modify Chlorpyrifos Regulations

    SAN FRANCISCO — A divided panel of the Ninth Circuit U.S. Court of Appeals on April 29 vacated and remanded a U.S. Environmental Protection Agency order that had refused to ban the insecticide chlorpyrifos from food items and ordered the agency to issue a regulation that either revokes or modifies all chlorpyrifos tolerances.

  • April 29, 2021

    Monsanto Moves To Seal Documents At The Heart Of Intervenors’ Bad Faith Claim

    ATLANTA — Monsanto Co. on April 28 moved in the 11th Circuit U.S. Court of Appeals to file under seal confidential information that pertains to an arrangement between the company and a glyphosate cancer victim who is appealing the dismissal of his case.  Monsanto’s motion comes after plaintiffs in separate lawsuits moved to intervene in the matter, contending that the arrangement in question reveals that the appeal is being litigated in bad faith.

  • April 29, 2021

    Senate Votes To Disapprove Trump Administration’s Change To Methane Rule

    WASHINGTON, D.C. — The U.S. Senate voted 52-42 to pass Senate Joint Resolution 14, which reverses the decision the U.S. Environmental Protection Agency made in the waning days of the Trump administration that rescinded the 2016 Methane Waste Prevention Rule.

  • April 29, 2021

    Government:  Donziger Contempt Case Valid; ‘Vindictive Prosecution’ Claim Fails

    NEW YORK — The U.S. government on April 27 filed a brief in New York federal court arguing that the judge presiding over the criminal contempt case of Steven R. Donziger, the attorney who won an $18.5 billion judgment against Chevron Corp. in a court in Ecuador for injuries only to have it reversed, should deny his motion to dismiss the case because Donziger’s “unsupported proffers, speculation, conspiracy theories, and generalizations are not sufficient evidence to support a claim for selective or vindictive prosecution.”

  • April 27, 2021

    Georgia-Pacific, 3M Co. To Pay $11.9M To Class For PFAS Water Contamination

    GRAND RAPIDS, Mich. — A class of residents on April 23 moved in Michigan federal court for approval of a $11.9 million settlement of their claims against the 3M Co. and other companies for drinking water contamination from per-and polyfluoroalkyl substances (PFAS).

  • April 27, 2021

    Monsanto:  Glyphosate Cancer Case Fails; ‘Scientifically Reliable Evidence’ Lacking

    SAN FRANCISCO — Monsanto Co. on April 26 filed an answer in California federal court contending that a lawsuit brought by a man who claims that he developed cancer from exposure to glyphosate, the active ingredient in the herbicide Roundup, should be dismissed because the plaintiff “cannot proffer any scientifically reliable evidence” that Roundup was “defective or unreasonably dangerous.”