Mealey's Toxic Torts : Mealey's : Legal News & Analysis

Mealey's Toxic Torts

January 17, 2024
High Court Told ‘Chaos’ Will Ensue ‘In A World Without Chevron’ Deference

WASHINGTON, D.C. — The U.S. Supreme Court was told Jan. 17 that “chaos” will ensue “in a world without Chevron” deference by government attorneys, who urged it to apply stare decisis and uphold Chevron, which is being challenged in two cases arising out of federal fishing regulations.
January 18, 2024
Judge Says Flint Trial Against Engineering Firm Will Consider Nonparties At Fault

ANN ARBOR, Mich. — A federal judge in Michigan has denied a request by plaintiffs in the Flint water crisis litigation and ruled that a forthcoming trial against an engineering firm that was involved in switching the city’s water supply will consider the issue of nonparties at fault, such as the state and city officials who participated in that decision.
January 17, 2024
In Case Sent To MDL, Plaintiffs Say Paraquat Makers Are Liable For Wrongful Death

WASHINGTON, D.C. — The U.S. Judicial Panel on Multidistrict Litigation (JPMDL) on Jan. 16 transferred a wrongful death lawsuit to the MDL in Illinois federal court for litigation involving injuries allegedly caused by the pesticide paraquat. The transferred case alleges that the makers of paraquat knew, or should have known, of the hazardous nature of the product.
January 17, 2024
PFAS Defendant Says Plaintiffs Fail To State A Claim, Damages Not Recoverable

BOSTON — A defendant in a lawsuit alleging drinking water contamination by per- and polyfluoroalkyl substances (PFAS) on Jan. 16 filed an answer in Massachusetts federal court denying the allegations against it and asserting affirmative defenses arguing that the plaintiffs fail to state a claim upon which relief can be granted.
January 17, 2024
Government Says Release Of Camp Lejeune Water Report Would Be Premature

RALEIGH, N.C. — The U.S. government on Jan. 16 filed a brief in North Carolina federal court arguing that a magistrate judge properly denied the plaintiffs’ motion to compel the government to produce documents related to a federal agency’s draft study examining human health effects associated with exposure to the drinking water at the U.S. Marine Corps Base at Camp Lejeune. The government says the need to avoid damage from the premature release of the report outweighs the plaintiffs’ need.
January 17, 2024
Judge Denies Monsanto’s Bid To Exclude Witness In Glyphosate Cancer Lawsuit

SAN FRANCISCO — A federal judge in California has denied Monsanto Co.’s effort to exclude a plaintiff’s expert in a glyphosate cancer lawsuit, ruling that Monsanto’s reasoning for why the expert should be stricken “does not find any support” in the cases Monsanto cited in support of its argument.
January 16, 2024
Judge Says PFAS Cases Related To Tampon Products Fail To State A Claim

SAN FRANCISCO — A federal judge in California on Jan. 12 dismissed two related cases that had been combined, ruling that the plaintiffs did not plausibly allege that the defendants’ tampon products contain per- and polyfluoroalkyl substances (PFAS) and that the allegations were “insufficient to state a plausible claim for relief.”
January 16, 2024
L’Oreal Denies Claims In Hair Relaxer Case, Says Punitive Damages ‘Impermissible’

CHICAGO — L’Oreal USA Inc. on Jan. 12 filed an answer in Illinois federal court denying claims brought against it by users of its hair relaxer products, arguing that the products are not toxic. L’Oreal also denies that it engaged in “wrongful practices” in marketing the product and says punitive damages are “impermissible” pursuant to U.S. Supreme Court precedent.
January 12, 2024
Judge: Claims For Negligent Medical Care Survive In Water Case Against U.S. Navy

HONOLULU — A federal judge in Hawaii on Jan. 11 dismissed some claims in a contaminated groundwater case against the U.S. Navy but ruled that the medical negligence claims of 77 of 298 plaintiffs survived because there is sufficient evidence that the government failed to give proper medical care.
January 09, 2024
Monsanto Seeks Reduction Of $1.5B Punitive Award, New Trial In Roundup Cases

JEFFERSON CITY, Mo. — Monsanto Co. has filed a supplemental motion for remittitur in Missouri state court, arguing that it is entitled to a reduction and offset of $1.5 billion in punitive damages awarded to three plaintiffs who won their case for injuries from exposure to glyphosate, the active ingredient in the herbicide Roundup.
January 08, 2024
Judge Stays Delaware PFAS Case Pending Result In North Carolina Litigation

WILMINGTON, Del. — A state court judge in Delaware on Jan. 5 stayed a lawsuit brought by a North Carolina water utility against EIDP Inc., formerly known as E.I. du Pont de Nemours & Co., and its affiliates over allegations that they have deliberately evaded accountability for their releases of per- and poly fluoroalkyl substances (PFAS) and have withheld from state regulators and the public information related to the safety of PFAS. The judge did not elaborate on the decision to stay the case.
January 05, 2024
Judge Says Chronic Injury Claims May Not Head To Trial In Chemical Exposure Case

HOUSTON — A federal judge in Texas has ruled that a plaintiff in a chemical injury lawsuit has not offered admissible expert testimony to establish that styrene exposure caused his long-term injures, therefore, his chronic injury claims may not proceed to trial.
January 05, 2024
Man Says Monsanto Knew Glyphosate Was Dangerous, Colluded With Officials

BATON ROUGE, La. — A man with cancer has sued Monsanto Co. in federal court in Louisiana, alleging that it manufactured and sold the herbicide Roundup with “full knowledge of its dangerous and defective nature” and that Monsanto violated federal regulations in an attempt to collude with certain employees of the U.S. Environmental Protection Agency in a strategy “to quash investigations into the carcinogenicity of glyphosate,” Roundup’s active ingredient.
January 04, 2024
Judge Says Some Causes Of Action Warrant Class Status In PFAS Drinking Water Case

CONCORD, N.H. — A federal judge in New Hampshire has partially granted class certification in a long-running lawsuit over drinking water contamination from per- and polyfluoroalkyl substances (PFAS), ruling that trespass, negligence and negligent failure to warn causes of action can be resolved jointly across the class, but the plaintiffs’ nuisance claim could not.
January 04, 2024
Roundup Cancer Appeal Is Set To Proceed In 9th Circuit

SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Jan. 3 issued a scheduling notice confirming an appeal filed by four people who contend that the herbicide Roundup causes cancer, as they challenge a lower court’s order dismissing their case against Monsanto Co., the maker of the herbicide Roundup.
January 04, 2024
Judge Dismisses PFAS Case Against Pomegranate Juice Maker For Lack Of Standing

NEW YORK — A federal judge in New York has dismissed a putative class action against a company that sells pomegranate juice, ruling that the plaintiff lacks standing to allege that the drinks contain per- and polyfluoroalkyl substances (PFAS) because she makes only conclusory allegations insufficient to plausibly allege that the product contains PFAS.
January 03, 2024
Judge Excludes Flint Witness, Says Testimony Not Reliable Under Daubert Standard

ANN ARBOR, Mich. — A federal judge in Michigan on Jan. 2 granted a motion to exclude one of the plaintiffs’ expert witnesses in the Flint water crisis litigation, ruling that in his analysis he “repeatedly deviated” from accepted methodology without providing adequate explanation for his choice to do so. As a result, the judge said the plaintiffs did not show that their expert’s testimony is reliable under Daubert v Merrell Dow Pharmaceuticals Inc.
January 03, 2024
Company Seeks To Compel Insurers To Produce Documents In AFFF Litigation

CHARLESTON, S.C. — A company that makes firefighting products filed a motion on Jan. 2 in South Carolina federal court seeking to compel insurance companies to produce documents in a coverage dispute related to injuries from the firefighting substance aqueous film forming foam (AFFF) in the multidistrict litigation for AFFF, arguing that the insurers have refused to produce basic categories of documents that are directly related to the issues in dispute and are “plainly subject to discovery.” The company contends that the insurers’ objections to discovery requests are not valid, especially considering that the insurers are “seeking to escape up to $1 billion in coverage.”
January 02, 2024
Judge Says Cosmetics Companies Must Produce Foreign Materials In Hair Relaxer Case

CHICAGO — A federal judge in Illinois has partially granted plaintiffs’ request for the production of numerous items in discovery in a lawsuit against Revlon Inc. and its affiliates regarding allegations that their hair relaxer products increase the risk of uterine and ovarian cancer because they contain phthalates, ruling that all of the defendants must produce foreign regulatory materials, product labels and usage instructions, scientific studies articles in scientific journals related to hair relaxer products sold outside the United States.
January 02, 2024
DuPont Parties Seek Dismissal Of PFAS Case For Failure To Plead Injury, Causation

NEW BERN, N.C. — Corteva Inc. and other affiliates of the company formerly known as E.I. DuPont de Nemours & Co. filed a motion in North Carolina federal court on Dec. 29 arguing that a polyfluoroalkyl substances (PFAS) contamination lawsuit should be dismissed for failure to adequately plead injury and causation beyond “generalized and conclusory allegations.”
January 02, 2024
DuPont Parties Say Plaintiff Fails To Allege ‘Cognizable Injury’ In PFAS Case

NEW BERN, N.C. — Corteva Inc., E.I. du Pont de Nemours & Co. and affiliates filed a motion on Dec. 29 in North Carolina federal court contending that it should dismiss a lawsuit alleging drinking water contamination from per-and polyfluoroalkyl substances (PFAS) because the plaintiff’s claims “fail to allege a cognizable injury.”
December 21, 2023
Judge: Oil Company’s Due Process Claim Against County Fails In Drilling Permit Row

LOS ANGELES — A federal judge in California has ruled that a decision by municipal authorities that nullified an oil company’s zoning clearance to conduct drilling operations stands because the company failed “to provide any admissible evidence to overcome the presumption of honesty and integrity of the adjudicatory process.” The clearance was nullified, partly, after a federal agency discovered that drilling activities had contaminated local aquifers.
December 21, 2023
Group: Government’s Bid To Compel Disclosure Of Personal Data Is ‘Baseless’

RALEIGH, N.C. — The Plaintiffs’ Leadership Group (PLG) in the Camp Lejeune Water crisis litigation has filed a response brief in North Carolina federal court arguing that the court should deny as “premature and baseless” the government’s motion to compel disclosure of plaintiffs’ dates of birth and Social Security numbers.
December 20, 2023
Amendments To Rule 702 For Expert Witness Testimony Go Into Effect

Amendments to Federal Rule of Evidence 702, Fed. R. Evid. 702, went into effect to clarify how courts should decide the admissibility of expert testimony.
December 20, 2023
Panel Should Affirm Choice Of Law Used In $185M PCB Verdict, Teachers Say

SEATTLE — Teachers who won a total award of $185 million against Monsanto Co. in 2021 for injuries from exposure to polychlorinated biphenyls (PCBs) at a Seattle-area school where they taught have filed a brief in a Washington state appeals court arguing that the trial court that heard their lawsuit did not err when it applied Missouri law over Washington’s statute of repose because a Washington Supreme Court ruling “effectively renders” the statute of repose unconstitutional.