Panel Says Chemical Injury Case Properly Dismissed, Claims Precluded By Law
LOS ANGELES - A California appeals panel on Nov. 21 issued an unpublished opinion affirming a trial court's decision to sustain two separate demurrers filed by defendants in a chemical exposure injury lawsuit on grounds that the claims were precluded by workers' compensation exclusivity principles (Frank Deville v. James R. Bloch, No. B291099, Calif. App., 2nd Dist., 5th Div., 2019 Cal. App. Unpub. LEXIS 7753). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - December 3, 2019 Category: Medical Law Source Type: news

Judge Dismisses Methane Leak Case, Says Utilities Commission Has Jurisdiction
LOS ANGELES - A California state court judge on Nov. 21 dismissed a lawsuit brought by a resident against a gas company and its parent company regarding alleged damages from a methane leak in 2015, ruling that if a trier of fact determined that the seriousness of harm from a gas facility outweighed the benefit of the facility to the community, it would clash with a decision from the California Public Utility Commission (PUC), which has been granted jurisdiction over such decisions by the state Legislature (William Gandsey v. Southern California Gas Co., No. BC601844, Calif. Super., Los Angeles Co.). (Source: LexisNexis®...
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - December 3, 2019 Category: Medical Law Source Type: news

Panel Reverses Dismissal Of Groundwater Case, Says Delay Not Fatal To Petition
BROOKLYN, N.Y. - A New York appeals court on Nov. 27 reversed a lower court's ruling and held that a trial court "improvidently granted" a motion to dismiss a groundwater contamination lawsuit because the plaintiffs' delay in filing their case was not fatal to the petition because there was no prejudice involved (In the Matter of Norma Brooks, et al v. County of Suffolk, Nos. 2017-08563 and 2018-04121, N.Y. Sup., App. Div., 2nd Dept., 2019 N.Y. App. Div. LEXIS 8594). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - December 3, 2019 Category: Medical Law Source Type: news

Judge Denies Dismissal Of Groundwater Case, Says Federal Claim Is Valid
BOSTON - A federal judge in Massachusetts on Nov. 26 denied a motion to dismiss a case brought by an environmental advocacy group that sued a beach club for allegedly contaminating local groundwater, concluding that the plaintiffs adequately stated a claim under federal law for contributing to disposal of hazardous waste that "may present an imminent and substantial endangerment to health and the environment" (Conservation Law Foundation Inc. v. Longwood Venues& Destinations Inc., et al., No. 19-cv-11672, D. Mass., 2019 U.S. Dist. LEXIS 205273). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - December 3, 2019 Category: Medical Law Source Type: news

Group: Federal Agency Wrongly Approved Injection Of Fracking Waste Into Aquifer
SAN FRANCISCO - The Center for Biological Diversity (CBD) on Nov. 21 sued the U.S. Environmental Protection Agency and its administrator in California federal court, seeking declaratory and injunctive relief for alleged failure to comply with federal law when it exempted an aquifer from the protections of the Safe Drinking Water Act (SDWA) to allow the injection of hydraulic fracturing wastewater and other fluids into the aquifer (Center for Biological Diversity v. U.S. Environmental Protection Agency, et al., No. 19-7664, N.D. Calif.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - December 3, 2019 Category: Medical Law Source Type: news

Texas Appeals Court Denies En Banc Rehearing On Injection Well Permit Approval
AUSTIN, Texas - A Texas appeals court on Nov. 20 denied en banc reconsideration of a split decision in which a panel held that the Texas Commission on Environmental Quality (TCEQ) properly approved a permit for an underground injection control (UIC) well in a shale formation where hydraulic fracturing operations are conducted, despite residents' concerns about groundwater contamination (Nicky E. Dyer, et al. v. Texas Commission on Environmental Quality, et al., No. 03-17-0499, Texas App., 3rd Dist.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - December 3, 2019 Category: Medical Law Source Type: news

Judge Rules Water Contamination Case Related To Fracking Pipeline Belongs In Federal Court
HARRISBURG, Pa. - A federal judge in Pennsylvania on Nov. 20 ruled that a district court has subject matter jurisdiction over a complaint brought by residents who contend that a hydraulic fracturing company is liable for drinking water contamination and other damages as a result of its construction of a pipeline in Susquehanna County, Pa. (Sheila Douglas, et al. v. Southwestern Energy Production Co., et al., No. 17-1830, M.D. Pa., 2019 U.S. Dist. LEXIS 200888). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - December 3, 2019 Category: Medical Law Source Type: news

Chevron: Donziger Not Allowed To Invoke 5th Amendment At Evidentiary Hearing
NEW YORK - Chevron Corp. on Nov. 19 filed a brief in New York federal court in support of a motion in limine seeking to preclude Steve R. Donziger, the attorney who won an $18.5 billion judgment against the company in a court in Ecuador for injuries only to have it reversed, from asserting a defense under the Fifth Amendment to the U.S. Constitution at an evidentiary hearing scheduled for Dec. 12 (Chevron Corporation v. Steven Donziger, Nos. 11-691, S.D. N.Y.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - December 3, 2019 Category: Medical Law Source Type: news

Panel: Class Certification For Groundwater Contamination Is Appropriate
ALBANY, N.Y. - A New York appeals panel on Nov. 21 affirmed a lower court's ruling that granted class certification to residents who sued a chemical company for injuries related to groundwater contamination caused by the presence of perfluorooctanoic acid (PFOA) as well as perfluorooctanesulfonic acid (PFOS) (Jay Burdick, et al. v. Tonoga, Inc., No. 527117, N.Y. Sup., App. Div., 3rd Dist., 2019 N.Y. App. Div. LEXIS 8498). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - December 3, 2019 Category: Medical Law Source Type: news

DuPont: Consolidation Of C8 Cancer Cases For Trial Is 'Unfairly Prejudicial'
COLUMBUS, Ohio - E.I. du Pont de Nemours& Co. on Nov. 15 filed a brief in Ohio federal court objecting to the consolidation of two cases from the multidistrict litigation related to perfluorooctanoic acid (known as C8), which the court has combined for trial purposes. DuPont argues that the consolidation will "create significant risk that the jury's verdict will be based not on the merits of the individual cases but rather on cumulative, unfair prejudice and confusion" (In re: E.I. du Pont de Nemours and Co. C8 Personal Injury Litigation, MDL No. 2433, No. 13-2433, S.D. Ohio). (Source: LexisNexis® Mealey'...
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - December 3, 2019 Category: Medical Law Source Type: news

Chemours' C8 Liability Case Belongs In Arbitration, Not Court, DowDuPont Says
WILMINGTON, Del. - DowDuPont Inc. on Nov. 13 filed a brief in Delaware state court contending that the court should dismiss a lawsuit brought by the Chemours Co., a spinoff company of E.I. du Pont de Nemours& Co., which contends that DowDuPont seeks to "avoid accountability for environmental costs through a campaign of transactional engineering" related to litigation brought against it for injuries allegedly caused by exposure to perfluorooctanoic acid (PFOA), also called C8. DowDuPont argues that the case belongs in arbitration (The Chemours Company v. DowDuPont Inc., No. 2019-0351, Del. Chanc.). (Source: Le...
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - December 3, 2019 Category: Medical Law Source Type: news

Mexican Government Bans 1,000 Tons Of Glyphosate From Entering The Country
MEXICO CITY - The government of Mexico on Nov. 25 refused to import 1,000 tons of glyphosate, the active ingredient in the herbicide Roundup, stating in a press release that on the basis of scientific evidence, it was applying "the precautionary principle" to ban the chemical entering the country. (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - December 3, 2019 Category: Medical Law Source Type: news

Monsanto: Glyphosate Cancer Case Fails For Lack Of Causation Expert
SAN FRANCISCO - Monsanto Co. on Nov. 20 moved in California federal court for summary judgment dismissal of a glyphosate cancer lawsuit that is part of the Roundup Products Liability multidistrict litigation, contending that the plaintiff failed to meet his burden of causation because he did not identify a specific expert who was willing to testify that Roundup exposure caused the plaintiff's unique form of leukemia (In re: Roundup Products Liability Litigation [Chavez v. Monsanto Co.], MDL No. 2741, No. 18-4855, N.D. Calif.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - December 3, 2019 Category: Medical Law Source Type: news

Judge: Glyphosate Cancer Case Belongs In State Court Due To Specifics Of Claim
SAN FRANCISCO - A federal judge in California on Nov. 19 remanded to state court a glyphosate cancer lawsuit which Monsanto Co. had removed to the multidistrict litigation for Roundup products liability, ruling that a state court could find that the company which hired the victim to use Roundup was negligent for faulty equipment that led to his exposure (In re: Roundup Products Liability Litigation [Trosclair v. Monsanto Co.], MDL No. 2741, No. 19-6396, N.D. Calif.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - December 3, 2019 Category: Medical Law Source Type: news

Federal Judge Dismisses Declaratory Judgment Claim Against Insurer In Lead Suit
ST. LOUIS - A Missouri federal judge on Nov. 1 granted an insurer's motion to dismiss a declaratory judgment claim alleged against it by another insurer in a coverage dispute stemming from injuries sustained as result of an insured's lead-smelting operations after determining that the declaratory judgment claim is not ripe because no claim for indemnification has been filed (Zurich American Insurance Co. v. Fluor Corp., et al., No. 16-429, E.D. Mo., 2019 U.S. Dist. LEXIS 189843). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 20, 2019 Category: Medical Law Source Type: news

Court Lacks Jurisdiction Over Veteran's Appeal Of Agent Orange Benefits Denial
WASHINGTON, D.C. - A federal judge in the U.S. Court of Appeals for Veterans Claims on Nov. 7 dismissed a veteran's appeal of the denial of his benefits for alleged exposure to the herbicide Agent Orange on grounds that the court lacked jurisdiction because the matter had been remanded to the U.S. Bureau of Veterans Affairs (Larry J. Wilson v. Robert L. Wilkie, No. 19-3855, Vet. Clms., 2019 U.S. App. Vet. Claims LEXIS 1980). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 20, 2019 Category: Medical Law Source Type: news

9th Circuit: Groups' Challenge Of EPA's Chemical Exclusion Rule Is Partially Valid
SAN FRANCISCO - A panel of the Ninth Circuit U.S. Court of Appeals on Nov. 14 partially granted and partially denied a petition by numerous environmental advocacy groups that challenge the U.S. Environmental Protection Agency's Risk Evaluation Rule (RER) for determining the proper uses for various chemicals. The panel concluded that the petitioners' opposition to the EPA's exclusion of "legacy uses" and "associated disposals" from the definition of "conditions of use" was valid (Safer Chemicals, Healthy Families, et al. v. U.S. Environmental Protection Agency, et al., No. 17-72260 [consolidate...
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 20, 2019 Category: Medical Law Source Type: news

Judge Denies Class Certification Of Negligence Claims Over Contamination
FORT WAYNE, Ind. - A federal judge in Indiana on Nov. 5 denied without prejudice a motion for class certification filed by residents who claim that E.I. du Pont de Nemours& Co. was negligent when operating a pesticide lead arsenate production facility near a housing complex in East Chicago, Ind., finding that there is currently no method to determine how contamination on the property has damaged each potential class member (Lerithea Rolan, et al. v. E.I. du Pont de Nemours& Co., No. 16-CV-357-TLS, N.D. Ind., 2019 U.S. Dist. LEXIS 191665). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 20, 2019 Category: Medical Law Source Type: news

High Court Hears Arguments On Legality Of County's Wastewater Discharges
WASHINGTON, D.C. - The U.S. Supreme Court on Nov. 6 heard arguments from a Hawaii county, the federal government and five environmental groups as to whether discharges from the county's underground injection control (UIC) wells that were reaching the Pacific Ocean via groundwater violated the Clean Water Act (CWA) (Maui v. Hawai'i Wildlife Fund, et al., No. 18-260, U.S. Sup.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 20, 2019 Category: Medical Law Source Type: news

Judge Dismisses Groundwater Case For Failure To Raise Issue Of Material Fact
MIAMI - A federal judge in Florida on Nov. 4 dismissed a chemical exposure and groundwater contamination lawsuit brought by a cancer victim, ruling that the plaintiff did not raise a genuine issue of material fact that the alleged contamination caused the injury (Marcos Pinares, et al. v. United Technologies Corp d/b/a Pratt& Whitney Group, No. 10-80883, S.D. Fla.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 20, 2019 Category: Medical Law Source Type: news

Law Group: EPA, State Agencies Violating Law By Dumping Toxins Into Groundwater
CHAPEL HILL, N.C. - The Southern Environmental Law Center (SELC) on Nov. 7 issued a notice to the U.S. Environmental Protection Agency, a North Carolina environmental agency and a city in the state notifying them of a potential lawsuit for violations of federal laws related to groundwater contamination from per- and polyfluoroalkyl substances (PFAS) and 1,4-dioxane. (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 20, 2019 Category: Medical Law Source Type: news

Lead Paint Plaintiffs: Motion For JNOV Fails, Verdicts Should Be 'Upheld In Full'
MILWAUKEE - A group of plaintiffs who won multiple verdicts against the former makers lead-based paint filed a brief in Wisconsin federal court on Nov. 8, contending that it should deny a motion for judgment notwithstanding the verdict (JNOV) filed by the Sherwin-Williams Co. because it "offers no reason why the jury's verdicts" should not be upheld in full (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 - November 20, 2019 Category: Medical Law Source Type: news

Chevron: Attorney Donziger Remains A Flight Risk; Detention Should Not Change
NEW YORK - Chevron Corp. on Nov. 13 filed a letter in New York federal court contending that Steven R. Donziger, the attorney who won an $18.5 billion judgment against the company in a court in Ecuador for injuries only to have it reversed, remains a flight risk and should not be permitted to change the terms of his home detention and electronic monitoring, which were imposed for his being in contempt of court (Chevron Corporation v. Steven Donziger, Nos. 11-691, and 19-561, S.D. N.Y.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 20, 2019 Category: Medical Law Source Type: news

Judge: Depositions Of 3 Flint Employees Will Proceed; Record Temporarily Sealed
DETROIT - A federal judge in Michigan on Nov. 7 partially granted and partially denied a motion for a protective order sought by three former employees of the city of Flint in the litigation pertaining to the city's lead-contaminated water crisis, ruling that discovery in the case will proceed and the defendants may not assert their Fifth Amendment rights in advance. The judge granted the defendants' request to limit attendance at the deposition and to temporarily seal the defendants' written discovery and depositions (In re Flint Water Cases, No. 16-10444, E.D. Mich.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 20, 2019 Category: Medical Law Source Type: news

Chemours: DuPont Seeks To Avoid Liability Costs Related To Federal C8 Litigation
WILMINGTON, Del. - The Chemours Co., a spinoff company of E.I. du Pont de Nemours& Co., on Oct. 18 filed a brief in Delaware state court contending that DuPont and its parent companies are seeking to "avoid accountability for environmental costs through a campaign of transactional engineering" related to litigation brought against them for injuries allegedly caused by exposure to perfluorooctanoic acid (PFOA), also called C8 (The Chemours Company v. DowDuPont Inc., No. 2019-0351, Del. Chanc.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 20, 2019 Category: Medical Law Source Type: news

Cancer Victim Says Monsanto's Conduct Regarding Herbicide Roundup Was 'Negligent'
DENVER - A cancer victim on Nov. 13 sued Monsanto Co. in Colorado federal court contending that exposure to glyphosate, the active ingredient in the herbicide Roundup, caused his injury and that Monsanto engaged in "negligent and wrongful conduct" when it manufactured and promoted the product (Martin Stafford v. Monsanto Company, No. 19-3213, D. Colo.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 20, 2019 Category: Medical Law Source Type: news

Couple: Monsanto's 'Negligent' Conduct Regarding Roundup Caused Husband's Cancer
TOLEDO, Ohio - A couple on Nov. 13 sued Monsanto Co. in Ohio federal court, contending that its "negligent and wrongful conduct" related to the manufacture and promotion of the herbicide Roundup, which contains the active ingredient glyphosate, caused the husband to develop cancer (Robert Wistinghausen, et al. v. Monsanto Company, No. 19-2661, N.D. Ohio). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 20, 2019 Category: Medical Law Source Type: news

Man Says Monsanto's 'Wrongful' Conduct Related To Herbicide Caused His Cancer
OMAHA, Neb. - A man on Nov. 13 sued Monsanto Co. in Nebraska federal court, seeking damages for his cancer that he says was a result of Monsanto's "negligent and wrongful conduct" related to the manufacture and promotion of the herbicide Roundup, which contains the active ingredient glyphosate (Donald A. Brohimer v. Monsanto Company, No. 19-497, D. Neb.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 20, 2019 Category: Medical Law Source Type: news

Monsanto's Misrepresentation Of Glyphosate's Safety Led To Cancer, Couple Says
ORLANDO, Fla. - A couple sued Monsanto Co. on Nov. 11 in Florida federal court alleging that its misrepresentation regarding the safety of glyphosate, the active ingredient in the herbicide Roundup, resulted in the husband developing cancer (Peter Engilis Jr., et al. v. Monsanto Company, No. 19-2152, M.D. Fla.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 20, 2019 Category: Medical Law Source Type: news

Plaintiffs: EPA's Rule On Methylene Chloride Exposure Should Be Reversed
NEW YORK - Environmental groups and individuals who are challenging a rule by the U.S. Environmental Protection Agency that allows for the continued commercial use of methylene chloride filed a brief in the Second Circuit U.S. Court of Appeals on Oct. 16, contending that the chemical is lethal and should be banned (Labor Council for Latin American Advancement, et al. v. U.S. Environmental Protection Agency, No. 19-1042, 2nd Cir.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 5, 2019 Category: Medical Law Source Type: news

Sherwin-Williams: New Trial Needed In Lead Paint Case Due To 'Legal Error'
MILWAUKEE - The Sherwin-Williams Co. on Oct. 18 filed a brief in Wisconsin federal court contending that it is entitled to a new trial in a lead-based paint case because the jury verdict in favor of the plaintiffs was "against the clear weight of the evidence and based on legal error" (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 - November 5, 2019 Category: Medical Law Source Type: news

Judge Denies Remand Of Suit Over Contamination At Naval Shipyard
SAN FRANCISCO - A federal judge in California on Oct. 18 denied remand of a lawsuit brought by residents who live on a parcel of a contaminated former naval shipyard and claim that a company hired by the U.S. Navy (USN) failed to remediate contamination at the property, holding that the site constitutes a federal enclave (Linda Parker Pennington, et al. v. Tetra Tech EC Inc., et al., No. 18-cv-05330-JD, N.D. Calif., 2019 U.S. Dist. LEXIS 180946). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 5, 2019 Category: Medical Law Source Type: news

Judge Consolidates Securities Fraud Cases Related To 3M's Chemical Liability
TRENTON, N.J. - A federal judge in New Jersey on Oct. 21 consolidated two securities fraud lawsuits against the 3M Co. and appointed a group of investors as the lead plaintiffs against the company for allegedly issuing false and misleading statements to conceal the truth about the company's exposure to liability associated with per- and polyfluoroalkyl substances (Heavy& General Laborers' Locals 472& 172 Welfare Fund v. 3M Company, et al., No. 19-15982, D. N.J.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 5, 2019 Category: Medical Law Source Type: news

Groups: Federal Agency Wrongly Allows Perchlorate Use In Food Packaging
NEW YORK - Environmental advocacy groups on Oct. 29 sued the U.S. Food and Drug Administration in New York federal court, seeking a declaration that the agency's decision to allow the use of the chemical compound perchlorate in food packaging is not in accordance with federal law known as the Food Act (The Natural Resources Defense Council, et al. v. U.S. Food& Drug Administration, et al., No. 19-10005, S.D. N.Y.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 5, 2019 Category: Medical Law Source Type: news

Groups: Agency 'Unlawfully Justifies' Rescission Of Methane Waste Prevention Rule
SAN FRANCISCO - Environmental groups on Oct. 2 filed a brief in California federal court arguing that the U.S. Bureau of Land Management (BLM) "unlawfully justifies" the rescission of the 2016 rule that regulated venting and flaring of methane gas at hydraulic fracturing facilities by "arbitrarily applying" a definition of "waste" that violates the intent of Congress (California, et al. v. Ryan Zinke, et al., No. 18-5712, N.D. Calif.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 5, 2019 Category: Medical Law Source Type: news

Chevron: Third-Party Subpoenas Valid Due To Donziger's Lago Agrio 'Stonewalling'
NEW YORK - Chevron Corp. on Oct. 20 filed a brief in New York federal court contending that Steven R. Donziger, the attorney who won an $18.5 billion judgment against the company in a court in Ecuador for injuries only to have it reversed, is "stonewalling" in post-judgment discovery and the court should reject objections to the company's subpoenas served on a third-party witness who has information relevant to Donziger's assets and his violations of the court's previous injunction (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 - November 5, 2019 Category: Medical Law Source Type: news

Companies: Motion To Dismiss Chemical Case Wrongly Denied; Jurisdiction Lacking
COLUMBUS, Ohio - Two companies on Oct. 28 moved in Ohio federal court for reconsideration of that court's denial of their motion to dismiss a complaint alleging injuries from exposure to per- and polyfluoroalkyl substances (PFAS), contending that the district court "misapplied" Sixth Circuit law governing such procedures (Kevin Hardwick v. 3M Company, et al., No. 18-1185, S.D. Ohio). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 5, 2019 Category: Medical Law Source Type: news

Plaintiffs: Next Phase In Dupont C8 Case Should Include 2 Types Of Cancer
COLUMBUS, Ohio - The Plaintiff Steering Committee (PSC) in the multidistrict litigation related to perfluorooctanoic acid (known as C8) on Oct. 16 filed a brief in Ohio federal court contending that the district court should adopt its proposed selections for the second multiplaintiff trial, which include both kidney and testicular cancer cases from West Virginia (In re: E.I. du Pont de Nemours and Co. C8 Personal Injury Litigation, MDL No. 2433, No. 13-2433, S.D. Ohio). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 5, 2019 Category: Medical Law Source Type: news

DuPont: C8 Plaintiffs' Motion For Summary Judgment On Causation Should Be Denied
COLUMBUS, Ohio - E.I. du Pont de Nemours& Co. on Oct. 17 filed a brief in Ohio federal court arguing that the district court should deny the Plaintiff Steering Committee's (PSC) motion for summary judgment on issues related to general causation with regard to damages arising from kidney and testicular cancers in the multidistrict litigation related to perfluorooctanoic acid (known as C8) (In re: E.I. du Pont de Nemours and Co. C8 Personal Injury Litigation, MDL No. 2433, No. 13-2433, S.D. Ohio). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 5, 2019 Category: Medical Law Source Type: news

Residents: Complaint 'Plausibly' Alleges Injuries Due To Flint Water Crisis
CINCINNATI - Residents of Flint, Mich., on Oct. 25 filed a brief in the Sixth Circuit U.S. Court of Appeals, contending that they have "plausibly" alleged that their constitutional rights were violated by the various defendants in the Flint lead-contaminated water crisis and that a district court properly found them liable for injuries (Luke Waid, et al. v. Darnell Earley, et al. [In re: Flint Water Cases], Nos. 19-1425, 19-1472, 19-1477, 19-1533, [consolidated] 6th Cir.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 5, 2019 Category: Medical Law Source Type: news

Widower: Monsanto Liable For Wrongful Death From Exposure To Herbicide Roundup
BIRMINGHAM, Ala. - A widower on Oct. 22 sued Monsanto Co. in Alabama federal court contending that the company is liable for the wrongful death of his wife due to her exposure to glyphosate, the active ingredient in the herbicide Roundup, which he contends caused her to develop cancer (Roy McMahan v. Monsanto Co., et al., No. 19-1722, N.D. Ala.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 5, 2019 Category: Medical Law Source Type: news

Judge Refers Wrongful Death Glyphosate Cancer Case To Magistrate Judge
LAS CRUCES, N.M. - A federal judge in New Mexico on Oct. 15 referred a glyphosate lawsuit against Monsanto Co. filed the same day to a magistrate judge to conduct dispositive proceedings in a case in which a woman contends that Monsanto is liable for the wrongful death of her husband, who suffered from cancer. The reference to the magistrate judge was communicated via a note on the docket, not in a separate order (Pamela Hays Davis v. Monsanto Company, No. 19-970, D. N.M.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 5, 2019 Category: Medical Law Source Type: news

Cancer Victim: Monsanto Knew Herbicide Roundup Was Carcinogenic For Decades
ST. LOUIS - An Indiana cancer victim on Oct. 15 sued Monsanto Co. in a Missouri federal court contending that its deception regarding the danger posed by glyphosate, the active ingredient in the herbicide Roundup, makes the company liable for his injury (William Campbell v. Monsanto Company, No. 19-2777, E.D. Mo.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 5, 2019 Category: Medical Law Source Type: news

Couple Sues Monsanto For Cancer Caused By Exposure To Herbicide Roundup
FRESNO, Calif. - A couple sued Monsanto Co. in California federal court on Oct. 27 contending that glyphosate, the active ingredient in the company's herbicide Roundup, caused one of them to develop cancer. The couple also argues that Monsanto knew that its product was toxic (Jesus Pimentel Lopez, et al. v. Monsanto Company, No. 19-775, E.D. Calif.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 5, 2019 Category: Medical Law Source Type: news

Monsanto Removes Glyphosate Case To Federal Court; State Parties Wrongly Joined
SAN FRANCISCO - Monsanto Co. on Oct. 31 removed to California federal court a lawsuit brought by a man who contends that his exposure to glyphosate, the active ingredient in the herbicide Roundup, caused his cancer. Monsanto contends that state defendants named in the complaint have been fraudulently joined (Victor Berliant, et al. v. Monsanto Company, et al., No. 19-7189, N.D. Calif.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 5, 2019 Category: Medical Law Source Type: news

Roundup Attorneys File Brief Debating Expert Depositions For Wave 1 MDL Cases
SAN FRANCISCO - A plaintiff attorney and a defense attorney in the Roundup Products Liability Litigation multidistrict litigation on Oct. 29 filed a joint letter brief in California federal court disagreeing on whether Monsanto Co. should be permitted to take additional, limited depositions of two plaintiffs experts (In re: Roundup Products Liability Litigation, MDL No. 2741, N.D. Calif.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 5, 2019 Category: Medical Law Source Type: news

EPA Proposed Rule For Lead In Drinking Water Calls For Service Line Replacement
WASHINGTON, D.C. - The U.S. Environmental Protection Agency on Oct. 10 announced a proposal to update the agency's Lead and Copper Rule (LCR) to protect drinking water supplies by strengthening drinking water treatment by requiring corrosion control measures by water suppliers and replacing lead service lines, among other things. (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 16, 2019 Category: Medical Law Source Type: news

Magistrate Maintains Remediation Plan Does Not Make Injunctive Relief Futile
PITTSBURGH - A federal magistrate judge in Pennsylvania on Oct. 2 denied PPG Industries Inc.'s motion to reconsider a May 22 ruling that held that a claim for injunctive relief sought by two environmental groups under the Resource Conservation and Recovery Act (RCRA) is not futile, finding that the groups presented sufficient expert evidence to show that the plan will reduce the dangers posed by contamination at a site owned by the company (PennEnvironment, et al. v. PPG Industries Inc., et al., No. 12-342, W.D. Pa., 2019 U.S. Dist. LEXIS 183752). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 16, 2019 Category: Medical Law Source Type: news

DuPont: Chemical Case Fails; Causes Of Action Not Recognized By Delaware Law
WILMINGTON, Del. - E.I. du Pont de Nemours& Co. on Oct. 4 filed a brief in Delaware federal court contending that a complaint filed against it alleging injuries from exposure to perfluorinated chemicals (PFCs) should be dismissed because it fails to state claim and Delaware law does not recognize the causes of action asserted by the plaintiffs (Doris Banks, et al. v. E.I. DuPont de Nemours& Company, et al., No. 19-1672, D. Del.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 16, 2019 Category: Medical Law Source Type: news

New Complaint In Flint Water Case Alleges State, Local Officials Liable For Injury
ANN ARBOR, Mich. - A group of Flint, Mich., residents on Oct. 2 filed a short-form complaint against numerous state and local officials as part of the ongoing litigation pertaining to the lead-contaminated water crisis in that city. In the new complaint, the plaintiffs argue that the defendants are liable for personal injury and other damages (Tyquan Langston Jr. v. Gov. Rick Snyder, et al. [In re Flint Water Cases], No. 19-12878, No. 16-10444, E.D. Mich.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 16, 2019 Category: Medical Law Source Type: news