San Diego's Request To Dismiss Monsanto's Defenses Premature, Judge Rules
SAN DIEGO - A federal judge in California on Sept. 6 denied a motion for judgment on the pleadings filed by the San Diego Unified Port District and city of San Diego, finding that their requests to dismiss Monsanto Co.'s affirmative defenses to claims that the company is liable for polychlorinated biphenyl (PCB) contamination cannot be decided at this stage of the proceedings (San Diego Unified Port District, et al. v. Monsanto, et al., No. 15cv578-WQH-AGS, S.D. Calif., 2018 U.S. Dist. LEXIS 152221). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 19, 2018 Category: Medical Law Source Type: news

EPA's Proposed Methane Regulations Would Decrease Frequency Of Monitoring
WASHINGTON, D.C. - The Environmental Protection Agency on Sept. 11 proposed revised regulations for methane emissions in hydraulic fracturing operations that, if adopted, would decrease the frequency of monitoring. (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 19, 2018 Category: Medical Law Source Type: news

Panel Reverses, Remands Lead Paint Case, Says Parties Have Valid Claim For Costs
CHICAGO - An Illinois appellate panel on Sept. 7 reversed and remanded a lower court's ruling in a lead-based paint poisoning lawsuit, concluding that the plaintiffs have a valid cause of action for the reasonable value of testing services related to the injury from the paint, without regard to the fact that Medicaid paid the entire cost (Mary Lewis, et al. v. Lead Industries Association, et al., No. 1-17-2894, Ill. App., 1st Dist., 5th Div., 2018 IL App. LEXIS 647). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 19, 2018 Category: Medical Law Source Type: news

Maryland Panel Affirms Lead Paint Award; Evidence, Experts Support Ruling
ANNAPOLIS, Md. - A panel of the Maryland Court of Special Appeals on Aug. 31 affirmed a trial court's lead-paint poisoning award to a Baltimore resident, concluding that the evidence demonstrated that the property in question was "a reasonably probable source" of the plaintiff's lead exposure (Elliot Dackman, et al. v. Daquantay Robinson, No. 2035, Sept. Term 2014, 2018 Md. App. LEXIS 852). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 19, 2018 Category: Medical Law Source Type: news

Judge: Lead Plaintiffs' Duty Of Care Claim Fails, But Negligence Issues Remain
MILWAUKEE - A federal judge in Wisconsin on Sept. 12 partially granted and partially denied summary judgment motions by paint manufacturers that are defendants in a lead-paint poisoning lawsuit, ruling that the defendants did not owe a duty of care to warn the plaintiffs directly of the risks associated with residential lead paint, but also concluding that the plaintiffs could pursue negligence claims (Glenn Burton v. American Cyanamid, et al., No. 07-0303, E.D. Wis.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 19, 2018 Category: Medical Law Source Type: news

Groups' Request For Reconsideration On CWA Standing Denied By Judge
TRENTON, N.J. - A federal judge in New Jersey on Aug. 29 refused to reconsider an earlier ruling that two environmental groups lack standing to bring claims under the Clean Water Act, finding that they could have raised the issue earlier in the litigation (Raritan Baykeeper, et al. v. NL Industries Inc., et al., No. 09-4117, D. N.J., 2018 U.S. Dist. LEXIS 147469). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 19, 2018 Category: Medical Law Source Type: news

Water Test Results Not Privileged, Magistrate Rules; Protective Order Denied
GREENVILLE, Miss. - A magistrate judge on Aug. 28 denied a motion for a protective order sought by a company sued for groundwater contamination, ruling that test data gathered by the University of Oklahoma was not privileged and, therefore, the plaintiffs' counsel was entitled to see it (Joe E. Sledge, et al. v. Meritor Inc., et al., No. 16-CV-053, N.D. Miss.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 19, 2018 Category: Medical Law Source Type: news

Company: Groundwater Case Schedule Should Be Changed Due To Discovery Delays
CONCORD, N.H. - A company that was sued for allegedly contaminating the drinking water in a New Hampshire community on Aug. 28 filed a brief in federal court arguing that the scheduling order in the case should be modified because the plaintiffs have objected to producing their medical records in discovery (Kevin Brown, et al. v. Saint-Gobain Performance Plastics Corporation, et al., No. 16-242, D. N.H.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 19, 2018 Category: Medical Law Source Type: news

Panel: Power Company Not Liable For Tainted Groundwater
RICHMOND, Va. - A panel of the Fourth Circuit U.S. Court of Appeals on Sept. 12 partially reversed and partially affirmed a lower court's ruling that a power company did not violate the conditions of its discharge permit and was not liable for groundwater contamination (Sierra Club v. Virginia Electric& Power Company f/k/a Dominion Virginia Power, No. 17-1895, 4th Cir.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 19, 2018 Category: Medical Law Source Type: news

3M Co., Others Seek Dismissal Of Groundwater Class Action Related To Aqueous Foam
BOSTON - The 3M Co. and other companies that are facing a putative class action for more than $5 million in personal injuries allegedly caused by Aqueous Film Forming Foam (AFFF) on Sept. 10 filed a brief in Massachusetts federal court contending that the claims against the non-Massachusetts defendants should be dismissed for lack of personal jurisdiction (Christine Civitarese, et al. v. The 3M Co., et al., No. 18-10747, D. Mass.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 19, 2018 Category: Medical Law Source Type: news

PCA Holds Ecuadorian Ruling 'Grossly Violated' Chevron's Procedural Rights
THE HAGUE, Netherlands - After determining that a $9.5 billion judgment issued in an environmental lawsuit in Ecuador was contrary to international public policy and violated the procedural rights of Chevron Corp. and Texaco Petroleum Corp., a tribunal for the Permanent Court of Arbitration (PCA) on Aug. 30 issued an award in their favor and against the Republic of Ecuador, holding that the award should not be enforced anywhere (Chevron Corporation, et al. v. The Republic of Ecuador, No. 2009-23, PCA). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 19, 2018 Category: Medical Law Source Type: news

Miami Beach City Commission Bans Glyphosate Use By All City Contractors
MIAMI BEACH, Fla. - The Miami Beach City Commission on Sept. 12 unanimously voted to ban the use of glyphosate, the active ingredient in the herbicide Roundup, by all city employees and contractors for use in landscaping and maintenance work in the city. (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 19, 2018 Category: Medical Law Source Type: news

Attorneys: More Evidence Against Monsanto Related To Glyphosate Is Coming
BRUSSELS, Belgium - Robert F. Kennedy Jr., who was part of the legal team that won a $289,254,882.32 award against Monsanto Co. in the bellwether case of a man who said his repeated exposure to glyphosate, the active ingredient in the herbicide Roundup, caused his cancer, on Sept. 5 told a group in the European Parliament that in future cases, the plaintiffs will be able to admit into evidence more documents damaging to Monsanto that were not permitted in the initial case. (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 19, 2018 Category: Medical Law Source Type: news

Judge Seals Unused Documents Following Glyphosate Verdict Against Monsanto
SAN FRANCISCO - A California state court judge on Aug. 29 granted a motion by Monsanto Co. to extend time or seal documents that were not used in the trial that led to an award of $289,254,882.32 in damages to a man who said his repeated exposure to glyphosate, the active ingredient in the herbicide Roundup, caused his cancer (DeWayne Johnson v. Monsanto Company, No. CGC 16550128, Calif. Super., San Francisco Co.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 19, 2018 Category: Medical Law Source Type: news

High Court Must Hear Lead Case To Prevent 'Constitutional Damage,' Companies Say
WASHINGTON. D.C. - The Sherwin-Williams Co. and ConAgra Grocery Products Co. filed reply briefs with the U.S. Supreme Court on Sept. 4, contending that it should grant certiorari and hear their appeal of a $1.15 billion award won by the state of California for a public nuisance caused by the presence of lead-based paint in buildings. Sherwin-Williams argues that the Supreme Court needs "to prevent further constitutional damage by California's public nuisance theory," and ConAgra says that the lower court's decision "cannot be reconciled" with the Supreme Court's due process cases (ConAgra Grocery Produc...
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 19, 2018 Category: Medical Law Source Type: news

Panel Remands Lead Paint Case, Says Plaintiffs' Expert Was Wrongly Excluded
ANNAPOLIS, Md. - A Maryland appellate panel on Aug. 15 ruled that a trial court erred when it precluded a man's expert witness from testifying about the source of his lead exposure and remanded the case (Kevin Carter v. TAL Associates, No. 00308, Sept. Term 2015, Md. Spec. App.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 6, 2018 Category: Medical Law Source Type: news

Monsanto Lacks Standing To Bring Counterclaims Over PCB Contamination, Judge Says
SAN DIEGO - A federal judge in California on Aug. 10 dismissed counterclaims for unjust enrichment and violation of the Clean Water Act brought by Monsanto Co., Pharmacia LLP and Solutia Inc. (collectively, Monsanto) against the city of San Diego, which claims that the company is liable for polychlorinated biphenyl (PCB) contamination, finding that the defendant company lacks standing to bring its claims (City of San Diego v. Monsanto Co., et al., No. 15cv578, S.D. Calif., 2018 U.S. Dist. LEXIS 135588). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 6, 2018 Category: Medical Law Source Type: news

California City Sues Monsanto, Says PCB Products Contaminated Stormwater
SAN DIEGO - The city of Chula Vista, Calif., on Aug. 21 sued Monsanto Co., Solutia Inc. and Pharmacia Corp. in California federal court, claiming that their manufacturing of products containing polychlorinated biphenyls (PCBs) has resulted in contamination to stormwater that is discharged into the San Diego Bay (Chula Vista v. Monsanto Co., et al., No. 18cv1942, S.D. Calif.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 6, 2018 Category: Medical Law Source Type: news

Group: DuPont, Subsidiary Liable For Tainted Groundwater In North Carolina
FAYETTEVILLE, N.C. - An environmental group on Aug. 29 sued Chemours Co. FC LLC, a subsidiary of E.I. du Pont de Nemours and Co., in North Carolina federal court, contending that the company is liable for groundwater contamination as a result of releasing "hundreds of thousands of pounds" of toxic perfluoroalkyl and polyfluoroalkyl substances (PFAS), including GenX, into the Cape Fear River (Cape Fear River Watch v. Chemours Company FC LLC, No. N/A, E.D. N.C.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 6, 2018 Category: Medical Law Source Type: news

Panel Denies Groups' Attempt To Close Fracking Wells Injecting Fluid Into Aquifer
OAKLAND, Calif. - A panel in California on Aug. 14 said an environmental group is not entitled to a writ of mandate forcing a state agency to close immediately underground injection control wells used in hydraulic fracturing, which are injecting waste fluids into aquifers (Center for Biological Diversity v. Department of Conservation, No. A149896, Calif. App., 1st Dist., Div. 5; 2018 Cal. App. LEXIS 715). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 6, 2018 Category: Medical Law Source Type: news

Panel: EPA Disposal Rule 'Arbitrary' Given Potential Groundwater Contamination
WASHINGTON, D.C. - A panel of the District of Columbia Circuit U.S. Court of Appeals on Aug. 21 ruled that the Environmental Protection Agency's rule regulating the disposal of coal residuals was "arbitrary and capricious" in that it failed to require the closure of unlined surface impoundments that can contaminate groundwater. The panel also ruled that, contrary to arguments made by industry groups, the EPA has statutory authority to regulate inactive impoundments (Utility Solid Waste Activities Group, et al. v. Environmental Protection Agency, No. 15-1219, D.C. Cir.; 2018 U.S. App. LEXIS 23547). (Source: LexisN...
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 6, 2018 Category: Medical Law Source Type: news

Groundwater Class Action Fails As 'Individual Issues Pervade' The Case, Judge Says
CAMDEN, N.J. - A federal judge in New Jersey on Aug. 21 dismissed a class action filed by residents who contended that Sherwin-Williams was liable for contaminating groundwater and soil with various toxic chemicals, ruling that "significant individual issues pervade this entire action" and defeat the lawsuit (Brad Lafferty, et al. v. The Sherwin-Williams Co., No. 17-06321, D. N.J.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 6, 2018 Category: Medical Law Source Type: news

Expert Properly Excluded In Paulsboro Train Wreck Case, 3rd Circuit Says
PHILADELPHIA - A trial court acted within its discretion in tossing medical-monitoring and fear-of-cancer claims filed by a man who drove through a toxic chemical cloud after the 2012 Paulsboro, N.J., train derailment, the Third Circuit U.S. Court of Appeals decided Aug. 15 in affirming exclusion of expert testimony (In re: Paulsboro Derailment Cases, Nos. 16-3172 and 16-3263, 3rd Cir., 2018 U.S. App. LEXIS 22615). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 6, 2018 Category: Medical Law Source Type: news

South Carolina Man Says Son's Exposure To Paint Remover Fumes Caused Death
CHARLESTON, S.C. - A man sued W.M. Barr& Co. Inc. and Lowe's Home Centers LLC on Aug. 10 in South Carolina federal court, alleging that his son's exposure to the fumes of Goof-Off SS caused his death (Hal G. Wynne Jr. v. W.M. Barr& Co. Inc., et al., No. 18-cv-2203, D. S.C.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 6, 2018 Category: Medical Law Source Type: news

Lago Agrio Plaintiffs' Counsel In Contempt, Should Be Sanctioned, Chevron Says
NEW YORK - Chevron Corp. on Aug. 21 filed a supplemental brief in New York federal court arguing that the court should hold Steven R. Donziger, the attorney who represented a group of Ecuadorian residents who won an $18.5 billion judgment against the company in a court in Ecuador for injuries only to have it reversed, in contempt of the district court's 2016 racketeering judgment and enter coercive sanctions to prevent further contempt of that judgment (Chevron Corporation v. Steven Donziger, No. 11-691, S.D. N.Y.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 6, 2018 Category: Medical Law Source Type: news

Michigan Employee Appeals To 6th Circuit, Seeks Dismissal From Flint Water Case
ANN ARBOR, Mich. - An employee of the state of Michigan who was named as a defendant in the litigation stemming from the lead-contaminated water crisis in the city of Flint on Aug. 21 filed a notice of appeal with the Sixth Circuit U.S. Court of Appeals, contending that the district court wrongly denied his motion to dismiss (In re Flint Water Cases [Luke Waid, et al. v. Richard D. Snyder, et al.], No. 16-10444, E.D. Mich.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 6, 2018 Category: Medical Law Source Type: news

Groups' Challenge To Herbicide Containing Glyphosate Fails, Dow Agrosciences Says
SAN FRANCISCO - Dow Agrosciences LLC filed a brief in the Ninth Circuit U.S. Court of Appeals on Aug. 27, arguing that challenges to the registration of the company's herbicide called Enlist Duo, which contains glyphosate, posed by farming and environmental groups fail because the plaintiffs lack standing and have failed to prove that the herbicide "threatens them with any imminent injury" (National Family Farm Coalition v. United States Environmental Protection Agency, No. 17-70810, and National Resources Defense Council v. Scott Pruitt, No. 17-70817, 9th Cir.). (Source: LexisNexis® Mealey's™ Emerging ...
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 6, 2018 Category: Medical Law Source Type: news

Cases Transferred To Roundup MDL Bring Total Glyphosate Actions To More Than 500
SAN FRANCISCO - The Judicial Panel on Multidistrict Litigation (JPMDL) on Aug. 27 issued a conditional transfer order sending another 27 cases to the Roundup multidistrict litigation in the U.S. District Court for the Northern District of California, bring the total number of cases in the MDL in which the plaintiffs allege that their exposure to the Roundup herbicide caused them to develop non-Hodgkin lymphoma (NHL) to more than 500 (In Re: Roundup Products Liability Litigation, No. 2741, JPMDL). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 6, 2018 Category: Medical Law Source Type: news

Monsanto: Exhibit Not Used In Glyphosate Trial Is 'Irrelevant,' Should Be Sealed
SAN FRANCISCO - Monsanto Co. filed a brief on Aug. 22 in California state court supporting its post-trial motion to extend time or seal documents that were not used in the trial that led to an award of $289,254,882.32 in damages to a man who said his repeated exposure to glyphosate, the active ingredient in the herbicide Roundup, caused his cancer (DeWayne Johnson v. Monsanto Company, No. CGC 16550128, Calif. Super., San Francisco Co.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 6, 2018 Category: Medical Law Source Type: news

Bayer: Company Faces 8,000 Plaintiffs, Not Separate Cases, Related To Glyphosate
LEVERKUSEN, Germany - A spokesman for Bayer AG, which recently completed its acquisition of Monsanto Co., on Aug. 24 said that the company faces federal and state lawsuits over the chemical glyphosate, the active ingredient in Monsanto's herbicide Roundup, in which the total number of plaintiffs equals 8,000. (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 6, 2018 Category: Medical Law Source Type: news

California Tells Supreme Court $1.15B Lead Ruling Does Not Warrant Review
WASHINGTON, D.C. - The state of California on Aug. 22 filed a brief in the U.S. Supreme Court contending that a California appellate court ruling that awarded the state $1.15 billion for a public nuisance caused by lead-based paint does not warrant review because the case "presents no significant free speech issues" (ConAgra Grocery Products Company v. California, No. 18-84, Sherwin-Williams v. California, No. 18-86, U.S. Sup.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 6, 2018 Category: Medical Law Source Type: news

State, Company Reach $119.5M Deal To Settle California Methane Leak Cases
LOS ANGELES - California Attorney General Xavier Becerra, along with other agencies and the Southern California Gas Co. (SoCal Gas), on Aug. 9 announced that the parties had reached a $119.5 million settlement in litigation stemming from the methane gas leak from a ruptured well at the company's Aliso Canyon Natural Gas Storage Facility (Southern California Gas Leak Cases, Judicial Council Coordination Proceeding No. 4861, Nos. BC602973 and BC628120, Calif. Super., Los Angeles Co.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - August 21, 2018 Category: Medical Law Source Type: news

Ford Motor Co.'s Products May Be A Factor In Asbestos Injury, Magistrate Says
WILMINGTON, Del. - A federal magistrate judge in Delaware on Aug. 15 recommended denying a motion for summary judgment by Ford Motor Co. in a lawsuit brought by a man who contends that he was injured from exposure to asbestos in products he used to restore old cars because there was evidence that could lead a fact finder to determine that Ford's products were a substantial cause of his injuries (In re: Asbestos Litigation, John DeCastro, et al. v. Aerojet Rocketdyne Holdings Inc., et al., No. 16-951, D. Del.; 2018 U.S. Dist. LEXIS 137659). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - August 21, 2018 Category: Medical Law Source Type: news

Judge Partially Dismisses Asbestos Wrongful Death Case; Negligence Claim Stands
GREENSBORO, N.C. - A federal judge in North Carolina on Aug. 16 partially granted and partially denied a motion for summary judgment dismissal of a woman's wrongful death lawsuit, finding that her claims for negligence and failure to warn with regard to her husband's death from exposure to asbestos were valid, but dismissing her claims for certain types of liability and punitive damages (Ann Finch, individually and as Executrix of the Estate of Frankling Delenor Finch v. BASF Catalysts LLC, et al., No. 16-1077, M.D. N.C.; 2018 U.S. Dist. LEXIS 138711). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - August 21, 2018 Category: Medical Law Source Type: news

Jurisdictional Issue In Injury Case Needs Clarification, 10th Circuit Says
DENVER - A panel of the 10th Circuit U.S. Court of Appeals on Aug. 16 ordered a limited remand to a district court to clarify why the appeals court has jurisdiction over an appeal in which two men contend that they were injured when a lithium battery exploded on a hydraulic fracturing rig. The panel said a footnote in the district court's ruling is "confusing" (Jacob McGehee, et al. v. Forest Oil Corp., et al., No. 17-6238, 10th Cir.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - August 21, 2018 Category: Medical Law Source Type: news

Panel: 'No Justification' For Decision, EPA Must Take Chlorpyrifos Off The Market
SAN FRANCISCO - A divided panel of the Ninth Circuit U.S. Court of Appeals on Aug. 9 ruled that there was no justification for the Environmental Protection Agency's decision in 2017 to maintain a tolerance for the chemical chlorpyrifos in the face of scientific evidence that its residue on food causes neurodevelopmental damage to children, and it ordered the agency to "revoke all tolerances and cancel all registrations" for chlorpyrifos within 60 days (League of United Latin American Citizens, et al. v. Andrew Wheeler, acting administrator for the U.S. Environmental Protection Agency, et al., No. 17-71636, 9th Ci...
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - August 21, 2018 Category: Medical Law Source Type: news

Panel Denies Groups' Attempt To Close Fracking Wells Injecting Fluid Into Aquifer
OAKLAND, Calif. - A panel in California on Aug. 14 said an environmental group is not entitled to a writ of mandate forcing a state agency to close immediately underground injection control wells used in hydraulic fracturing, which are injecting waste fluids into aquifers (Center for Biological Diversity v. Department of Conservation, No. A149896, Calif. App., 1st Dist., Div. 5; 2018 Cal. App. LEXIS 715). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - August 21, 2018 Category: Medical Law Source Type: news

Monsanto Lacks Standing To Bring Counterclaims Over PCB Contamination, Judge Says
SAN DIEGO - A federal judge in California on Aug. 10 dismissed counterclaims for unjust enrichment and violation of the Clean Water Act brought by Monsanto Co., Pharmacia LLP and Solutia Inc. (collectively, Monsanto) against the city of San Diego, which claims that the company is liable for polychlorinated biphenyl (PCB) contamination, finding that the defendant company lacks standing to bring its claims (City of San Diego v. Monsanto Co., et al., No. 15cv578, S.D. Calif., 2018 U.S. Dist. LEXIS 135588). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - August 21, 2018 Category: Medical Law Source Type: news

Gas Station Sues Former Owner For Groundwater Contamination From Underground Tanks
PASSAIC, N.J. - A New Jersey company that owns a gas station on July 27 filed a lawsuit in state court, contending that a company should be held liable because its predecessor-in-interest abandoned underground storage tanks (USTs) containing a combined 6,000 gallons of gasoline, which rotted and leaked toxins into local groundwater (J. M. Bal Realty LLC v. OXY USA Inc., No. PAS-L-002524, N.J. Super., Passaic Co.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - August 21, 2018 Category: Medical Law Source Type: news

Companies: Rehearing En Banc Needed On Class Certification Of Groundwater Case
CINCINNATI - A group of chemical companies on July 30 filed a petition for rehearing en banc in the Sixth Circuit U.S. Court of Appeals asking it to reconsider its decision that affirmed the certification of some issues for class treatment under Federal Rule of Civil Procedure 23(c)(4) for a lawsuit in which residents contend that they have been harmed by the presence of volatile organic compounds (VOCs) in their groundwater. The companies insist that the panel chose "the wrong side" of a circuit split on the issues relevant to class certification (Terry Martin, et al. v. Behr Dayton Thermal Products LLC, et al.,...
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - August 21, 2018 Category: Medical Law Source Type: news

Panel: Woman May Have New Trial In Lead Paint Case; Expert Disallowed
ANNAPOLIS, Md. - A panel of the Maryland Court of Special Appeals on Aug. 8 ruled that a woman who sued her landlord for injuries from exposure to lead-based paint could seek a new trial; however, her expert, who should not have been admitted in the initial trial, is still not permitted to testify (Brittany Hazelwood v. City Homes Inc., No. 923, Sept. Term 2017; 2018 Md. App. LEXIS 777). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - August 21, 2018 Category: Medical Law Source Type: news

Split Maryland High Court: Researcher Owed Duty To Girl Poisoned In Lead Study
ANNAPOLIS, Md. - A divided Maryland Court of Appeals on Aug. 13 ruled 4-3 that the Kennedy Krieger Institute (KKI) owed a duty of care to a woman who was poisoned by lead-based paint while she was a child living in a premises that was used for a lead-poisoning research program run by KKI (Kennedy Krieger Institute v. Ashley Partlow, No. 82, Sept. Term 2017, Md. App.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - August 21, 2018 Category: Medical Law Source Type: news

Judge Partially Grants, Denies Lead Defendants' Motions To Exclude Evidence
MILWAUKEE - A federal judge in Wisconsin on Aug. 9 partially granted and partially denied defense motions to exclude evidence in a lawsuit brought by residents who contend that they were poisoned by lead-based paint, holding that some evidence pertaining to the health effects that are attributable to lead poisoning was appropriate (Glenn Burton v. American Cyanamid, et al., No. 07-0303, E.D. Wis.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - August 21, 2018 Category: Medical Law Source Type: news

New York City Housing Agency Must Face Some Lead Paint Claims, Judge Rules
NEW YORK - A federal judge in New York on Aug. 14 partially granted and partially denied a motion to dismiss a lead-based paint poisoning lawsuit against the New York City Housing Authority (NYCHA), holding that the plaintiffs' procedural due process, substantive due process and First Amendment claims failed, but ruling that their claims under federal law could proceed (Sherron Paige, et al. v. New York City Housing Authority, No. 17-7481, S.D. N.Y., 2018 U.S. Dist. LEXIS 137238). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - August 21, 2018 Category: Medical Law Source Type: news

Engineering Firm In Flint Case Says Claim Against It Barred By Contributory Fault
ANN ARBOR, Mich. - The engineering firm that provided consulting services to the city of Flint, Mich., with regard to its decision to get its drinking water supply from the Flint River, which led to the lead-contaminated water crisis, on Aug. 14 filed an answer in Michigan federal court denying all allegations against it and asserting 18 affirmative defenses that the claims against it are barred by contributory fault (In re Flint Water Cases [Luke Waid, et al. v. Richard D. Snyder, et al.], No. 16-10444, E.D. Mich.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - August 21, 2018 Category: Medical Law Source Type: news

Putative Class Sues General Mills, Says Cereals Contain Carcinogen Glyphosate
FORT LAUDERDALE, Fla. - A putative class on Aug. 16 sued General Mills Inc. in Florida federal court contending that the company failed to warn customers that its cereal contains glyphosate, which the class says is a carcinogen (Mounira Doss v. General Mills Inc., No. 18-61924, S.D. Fla.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - August 21, 2018 Category: Medical Law Source Type: news

California High Court Denies Review Of Ruling On Cancer Listing For Glyphosate
SACRAMENTO, Calif. - The California Supreme Court on Aug. 15 denied a petition for review filed by Monsanto Co., which contended that an appellate panel erred when it ruled in favor of the California Office of Environmental Health Hazard Assessment (OEHHA), which listed glyphosate as a carcinogen (Monsanto Company v. Office of Environmental Health Hazard Assessment, et al., No. S249056, Calif. Sup.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - August 21, 2018 Category: Medical Law Source Type: news

Attorney Seeks $412.25M From Monsanto In Bellwether Trial Over Glyphosate
SAN FRANCISCO - The attorney representing a California man who contends that he developed cancer as a result of exposure to glyphosate on Aug. 7 presented closing arguments in the first trial related to the herbicide Roundup and asked a jury to "change the world" by holding Monsanto Co. accountable for its "reckless disregard for human health," which he said warranted an award of more than $412.25 million in combined damages (DeWayne Johnson v. Monsanto Company, No. CGC 16550128, Calif. Super., San Francisco Co.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - August 21, 2018 Category: Medical Law Source Type: news

Judge Says Monsanto Verdict Was Unanimous, Company's Claim She Voted On Ruling Untrue
SAN FRANCISCO - The California judge who presided over the trial in which a jury awarded $289 million to a man who said Monsanto Co. was liable for causing his cancer as a result of exposure to glyphosate confirmed Aug. 17 that the verdict was unanimous and that she was not expressing a vote when she polled the jury, as has been claimed by a Monsanto executive in an interview with the British Broadcasting Co. (BBC). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - August 21, 2018 Category: Medical Law Source Type: news

Jury Awards $289M To Cancer Victim In Bellwether Trial Against Monsanto, Roundup
SAN FRANCISCO - A California jury on Aug. 10 found that Monsanto Co. acted with malice regarding its failure to warn of the damages associated with glyphosate, the active ingredient in Roundup, and awarded $289,254,882.32 in damages in the bellwether case of a man who said his repeated exposure to the herbicide caused his cancer (DeWayne Johnson v. Monsanto Company, No. CGC 16550128, Calif. Super., San Francisco Co.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - August 21, 2018 Category: Medical Law Source Type: news