Philadelphia School District Demands Jury Trial For Lead Poisoning Claims
PHILADELPHIA - The School District of Philadelphia on Jan. 17 filed a demand in Pennsylvania federal court for a jury trial in a lawsuit brought by a family that contends that the district is liable for creating a public health crisis by failing to properly inspect an elementary school for toxic lead-based paint (D.P., a minor by his parents and natural guardians v. School District of Philadelphia, No. 19-5799, E.D. Pa.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - February 5, 2020 Category: Medical Law Source Type: news

Judge: Groundwater Case Against Delaware Chicken Processing Plant May Proceed
GEORGETOWN, Del. - A Delaware state court judge on Jan. 30 denied a motion to dismiss a lawsuit against a chicken processing plant that a couple says has contaminated the local groundwater with wastewater, ruling that state's environmental control act applies to the situation at hand (Gary and Anna-Marie Cuppels, et al. v. Mountaire Corporation, et al., No. S18C-06-009 ESB, Del. Super., Sussex Co.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - February 5, 2020 Category: Medical Law Source Type: news

4 Teachers Sue Airline In California Alleging Pilot Dumped Fuel On Playground
LOS ANGELES - A Delta Airlines pilot negligently dumped a large amount of toxic jet fuel on students and teachers on an elementary school playground, four teachers allege in a complaint filed Jan. 17 in a California state court (Lisette Barajas, et al. v. Delta Airlines Inc., et al., No. 20STCV02116, Calif. Super., Los Angeles Co.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - February 5, 2020 Category: Medical Law Source Type: news

Order Denying Intervention In Groundwater Case Is Not Appealable, Panel Says
CIRCLEVILLE, Ohio - An Ohio appellate panel on Jan. 16 dismissed an appeal filed by a water association that sought to intervene in a perfluorooctanoic acid (PFOA) groundwater contamination case brought by the state of Ohio against E.I. du Pont de Nemours& Co., concluding that the order that denied the right to intervene was not final and appealable (State ex rel. Michael DeWine Attorney General of Ohio v. E.I. DuPont de Nemours& Co., No. 19CA15, Ohio App., 4th Dist., Washington Co., 2020 Ohio App. LEXIS 174). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - February 5, 2020 Category: Medical Law Source Type: news

Judge Grants Order Prohibiting Defendant's Deposition In Flint Water Crisis Case
ANN ARBOR, Mich. - A federal judge in Michigan on Jan. 25 granted a protective order to prohibit the deposition testimony of one of the defendants in the litigation pertaining to the lead-contaminated water crisis in Flint, Mich., and ordered a committee to finalize a plan for a pool of bellwether cases to go to trial (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 - February 5, 2020 Category: Medical Law Source Type: news

Flint Residents: Former Governor, Others Liable For Lead Poisoning
ANN ARBOR, Mich. - A group of Flint, Mich., residents on Jan. 23 filed a short-form complaint as part of the ongoing litigation pending over the lead-contaminated water crisis in that city, contending that former Gov. Rick Snyder and others are liable for bodily injury from lead poisoning (Queenie Anderson, et al. v. Flint, et al. [In re Flint Water Cases], No. 20-10171, 16-10444, E.D. Mich.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - February 5, 2020 Category: Medical Law Source Type: news

Donziger's Attorney To Seek Disqualification Of Attorney In Criminal Proceeding
NEW YORK - The attorney for 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, on Jan. 20 sent a letter to the New York federal judge presiding over the government's criminal case against Donziger stating that he intends to move to disqualify the prosecuting law firm (United States v. Donziger, No. 19-561, S.D. N.Y.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - February 5, 2020 Category: Medical Law Source Type: news

Government: Donziger Poses Flight Risk; Home Detention And Monitoring Are Valid
NEW YORK - The U.S. government on Jan. 21 filed a brief in the Second Circuit U.S. Court of Appeals contending that a district court did not commit clear error by finding that attorney Steven R. Donziger, who won an $18.5 billion judgment against Chevron Corp. in a court in Ecuador for injuries only to have it reversed, poses a flight risk and that home detention and electronic monitoring are warranted (United States v. Donziger, No. 19-4155, 2nd Cir.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - February 5, 2020 Category: Medical Law Source Type: news

Judge Denies DuPont's Attempt To Exclude Expert Opinions About Corporate Conduct
COLUMBUS, Ohio - A federal judge in Ohio on Jan. 19 denied a motion by E.I. du Pont de Nemours& Co. that sought to exclude expert opinions related to corporate conduct in the multidistrict litigation related to injuries from exposure 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 - February 5, 2020 Category: Medical Law Source Type: news

Panel Denies DuPont Mandamus In C8 Case, Says 'Irreparable Damage' Not Alleged
CINCINNATI - A panel of the Sixth Circuit U.S. Court of Appeals on Jan. 17 denied E.I. du Pont de Nemours& Co.'s petition for a writ of mandamus in the multidistrict litigation related to injuries from perfluorooctanoic acid (known as C8) contamination in groundwater, ruling that DuPont failed to allege "unusual, unreasonable, or irreparable damage" due to the MDL court's ruling that prevented it from relitigating issues that were dealt with in three prior bellwether trials (In re: E.I. du Pont de Nemours and Co. C8 Personal Injury Litigation, 19-4226, 6th Cir.). (Source: LexisNexis® Mealey's™ Emerg...
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - February 5, 2020 Category: Medical Law Source Type: news

EPA Says It Did Not Identify Any Human Health Risks From Glyphosate Exposure
WASHINGTON, D.C. - The U.S. Environmental Protection Agency on Jan. 22 issued an interim registration review decision for glyphosate and its various salt forms in which the agency said it did not identify any human health risks from exposure to glyphosate, although there is a "potential ecological risk" to mammals and birds. (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - February 5, 2020 Category: Medical Law Source Type: news

Cancer Victim: Monsanto Knew Roundup Was 'Defective,' Misrepresented Its Safety
BUFFALO, N.Y. - A New York cancer victim on Jan. 30 sued Monsanto Co. in New York federal court, seeking damages for the company's "negligent and wrongful conduct" related to the marketing and sale of the herbicide Roundup, which contains the active ingredient glyphosate. She says Monsanto knew that Roundup was "defective" and "dangerous to human health" (Barbara Rieman v. Monsanto Company, No. 20-117, W.D. N.Y.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - February 5, 2020 Category: Medical Law Source Type: news

Judge Denies Home Depot Dismissal Of Roundup Case Due To Improper Brief
LOS ANGELES - A federal judge in California on Jan. 21 denied Home Depot U.S.A. Inc.'s motion to dismiss a lawsuit brought against the company related to the sale of the herbicide Roundup, which contains the active ingredient glyphosate. The judge said that when Home Depot filed its brief supporting dismissal, it improperly referenced materials outside the pleadings (James Weeks v. Home Depot U.S.A. Inc., No. 19-6780, C.D. Calif.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - February 5, 2020 Category: Medical Law Source Type: news

Roundup Trial Delayed 'To Provide Room' For Settlement Talks, Bayer Corp. Says
ST. LOUIS - The Missouri state court judge presiding over the first glyphosate cancer trial against Monsanto Co. to be held outside of California on Jan. 24 issued an indefinite continuance of the proceedings, which that were slated to start that day, and Bayer Corp., Monsanto's parent company, issued a statement the same day saying the postponement of the trial was "to provide room for the parties to continue the mediation process in good faith" (Christopher Wade v. Monsanto Company, No. 1722CC-00370, Mo. Cir., 22nd Jud. Cir., St. Louis). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - February 5, 2020 Category: Medical Law Source Type: news

California Appeals Panel Seeks Briefing On Monsanto's Glyphosate Preemption Issue
SAN FRANCISCO - A California appellate panel on Jan. 21 issued a docket entry order in which it asked for additional briefing from a glyphosate cancer victim and Monsanto Co., the maker of the herbicide Roundup, regarding the company's argument that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts the lawsuit in the first place (DeWayne Johnson v. Monsanto Company, Nos. A155940 and A156706, Calif. App., 1st Dist.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - February 5, 2020 Category: Medical Law Source Type: news

Glyphosate Cancer Trial To To Proceed Without Exclusion Of Any Experts
MARTINEZ, Calif. - A California state court judge on Jan. 24 denied Monsanto Co.'s motion for summary judgment on preemption in a glyphosate cancer trial and ruled that no experts for the plaintiff or the defendant should be excluded from providing testimony (Kathleen Caballero v. Monsanto Company, No. MSC19-01821, Calif. Super., Contra Costa Co.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - February 5, 2020 Category: Medical Law Source Type: news

9th Circuit Delays Briefing In Glyphosate Appeal To Aid Attorneys With Many Cases
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Jan. 29 delayed the filing of briefs in the appeal of an $80,267,644.10 glyphosate cancer verdict related to the herbicide Roundup to allow for the attorneys in the case to also fulfill their responsibilities in the separate multidistrict litigation for Roundup products liability litigation (Edwin Hardeman v. Monsanto Company, Nos. 19-16636 and 19-16255, 9th Cir.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - February 5, 2020 Category: Medical Law Source Type: news

U.S. High Court Refuses To Hear Immunity Case Dealing With Flint Lead Water Crisis
WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 21 denied certiorari in a case brought by current and former employees of the Michigan Department of Environmental Quality (MDEQ) who contended that a lower court erred when it held that some employees and the city of Flint, Mich., are not entitled to immunity in the litigation pertaining to the lead-contaminated water crisis in that city (Stephen Busch, et al. v. Shari Guertin, et al., No. 19-350, and City of Flint, et al. v. Shari Guertin, et al., No. 19-205, U.S. Sup. [consolidated]). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - February 5, 2020 Category: Medical Law Source Type: news

Insurer Owes Coverage For Lead Paint Dust Contamination, Illinois Panel Says
CHICAGO - A trial court erred in granting judgment in favor of a commercial general liability insurer because an underlying complaint filed against the insured seeking damages for lead paint dust contamination alleges an occurrence and constitutes property damage for which coverage is afforded, the an Illinois appellate panel said Dec. 31 (Owners Insurance Co. v. Precision Painting& Decorating Corp., No. 1-19-0926, Ill. App., 1st Dist., Div. 3, 2019 Ill. App. Unpub. LEXIS 2425). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 22, 2020 Category: Medical Law Source Type: news

Parties In Lead Paint Case Move Jointly For Extension; Possible Settlement Pending
NEW HAVEN, Conn. - A lead-paint poisoning plaintiff on Jan. 9 moved jointly with the city of New Haven in Connecticut state court seeking an extension of time for the plaintiff to reply to the city's motion to dismiss in order to review the case and explore the possibility of a settlement (Nichelle Hobby, et al. v. City of New Haven, No. NHH-CV-19-5003875-S, Conn. Super., New Haven Jud. Dist.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 22, 2020 Category: Medical Law Source Type: news

Groups: Plastics Facility Will Contaminate Groundwater; Permits Approved Wrongly
WASHINGTON, D.C. - The Center for Biological Diversity (CBD) and other environmental groups sued the U.S. Army Corps of Engineers in District of Columbia District Court on Jan. 15 seeking declaratory and injunctive relief related to the Corps' decision to issue federal permits for the construction of a plastics facility in Louisiana, contending that it will damage groundwater and have other detrimental effects on the environment (Center for Biological Diversity, et al v. U.S. Army Corps of Engineers, et al., No. 20-103, D. D.C.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 22, 2020 Category: Medical Law Source Type: news

Couple: Class Certification Required In Groundwater Case Tied To Chicken Plant
GEORGETOWN, Del. - A Delaware couple on Jan. 13 filed a brief in state court contending that it should certify a class of plaintiffs who have sued a chicken processing plant that the couple says has contaminated the local groundwater with wastewater (Gary and Anna-Marie Cuppels, et al. v. Mountaire Corporation, et al., No. S18C-06-009 ESB, Del. Super., Sussex Co.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 22, 2020 Category: Medical Law Source Type: news

Water Case Nixed; Judge Says Perfluorinated Chemicals Are Not Hazardous Substances
PHILADELPHIA - A federal judge in Pennsylvania on Jan. 15 ruled that perfluorooctane sulfonate (PFOS) and pefluorooctanic acid (PFOA), which are two types of perfluorinated compounds (PFCs), are not hazardous substances under Pennsylvania's Hazardous Sites Cleanup Act (HSCA); therefore, the U.S. Department of the Navy is not liable for remediation of local residents' groundwater contamination (Kristen Giovanni, et al. v. U.S. Department of the Navy, No. 16-4873, Dorothy Palmer, et al. v. U.S. Department of the Navy, No. 17-765, E.D. Pa.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 22, 2020 Category: Medical Law Source Type: news

Donziger: Home Confinement Is 'Oppressive And Abusive'; No Flight Risk Posed
NEW YORK - 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, on Jan. 9 filed an application in the Second Circuit U.S. Court of Appeals seeking the elimination of his home confinement and an expedited hearing, contending that he presents "absolutely no risk of flight" (United States of America v. Donziger, No. 19-4155, 2nd Cir.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 22, 2020 Category: Medical Law Source Type: news

C8 Plaintiffs: Evidence Of DuPont's Prior Settlement Payments Should Be Precluded
COLUMBUS, Ohio - Two plaintiffs in the multidistrict litigation against E.I. du Pont de Nemours& Co. for injuries related to perfluorooctanoic acid (known as C8) on Jan. 13 moved in Ohio federal court to preclude the admission of evidence related to DuPont's settlement payments to other plaintiffs (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 - January 22, 2020 Category: Medical Law Source Type: news

Cancer Victim Sues Monsanto, Seeks Damages For Roundup Exposure
SAN FRANCISCO - A Minnesota man sued Monsanto Co. on Jan. 13 in the Roundup Products Liability multidistrict litigation in California federal court, seeking damages for negligent and wrongful conduct related to the company's promotion and marketing of the herbicide Roundup, which contains the active ingredient glyphosate (In re: Roundup Products Liability Litigation [David Bayerl v. Monsanto Co.], MDL No. 2741, No. 20-270, N.D. Calif.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 22, 2020 Category: Medical Law Source Type: news

Cancer Victim Says Monsanto Fraudulently Marketed Its Herbicide Roundup
BROOKLYN, N.Y. - A cancer victim on Dec. 30 sued Monsanto Co. in New York federal court contending that its fraudulent marketing of the herbicide Roundup, which contains the active ingredient glyphosate, is responsible for his injury (Brian Short v. Monsanto Co., No. 19-7286, E.D. N.Y.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 22, 2020 Category: Medical Law Source Type: news

Monsanto Files Brief For Dismissal 2 Days Before Glyphosate Trial Set To Begin
MARTINEZ, Calif. - Monsanto Co. filed a brief in support of summary judgment dismissal in California state court on Jan. 15, just two days before the trial was slated to begin, arguing that a woman's glyphosate cancer lawsuit is barred by the express preemption clause in the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) (Kathleen Caballero v. Monsanto Company, et al., No. MSC19-01821, Calif. Super., Contra Costa Co.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 22, 2020 Category: Medical Law Source Type: news

House Of Representatives Passes Bill Setting Standards For PFAS Chemicals
WASHINGTON, D.C. - The U.S. House of Representatives on Jan. 10 voted 247-159 in favor of a measure that would require perfluoroalkyl and polyfluoroalkyl (PFAS) substances to be listed as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 22, 2020 Category: Medical Law Source Type: news

Michigan Seeks Damages From 3M, DuPont And Others For PFAS Chemical Contamination
ANN ARBOR, Mich. - The Michigan attorney general on Jan. 14 sued 3M Co., E.I. du Pont de Nemours& Co. and others in state court, seeking punitive damages to "hold some of the largest chemical companies in the world accountable for their culpable conduct" related to contamination from perfluoroalkyl and polyfluoroalkyl (PFAS) substances throughout the state (Attorney General Dana Nessel v. 3M Company, et al., No. N/A, Mich. Cir., 22nd Cir., Washtenaw Co.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 22, 2020 Category: Medical Law Source Type: news

Michigan Employees: High Court Should Review 'Erroneous' Flint Water Crisis Ruling
WASHINGTON, D.C. - Current and former employees of the Michigan Department of Environmental Quality (MDEQ) on Jan. 7 filed a reply brief in the U.S. Supreme Court contending that a lower court's "erroneous" ruling impacts many cases involving the Flint water crisis and that the residents who opposed certiorari "offer no compelling reason why this case should not be reviewed now" (Stephen Busch, et al. v. Shari Guertin, et al., No. 19-350, U.S. Sup.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 22, 2020 Category: Medical Law Source Type: news

6th Circuit Reinstates Clean Water Act Suit Over Pesticide Use
CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on Dec. 17 reinstated a man's citizen suit accusing a local sanitary district of violating the Clean Water Act (CWA) by failing to create a management plan for discharges of pesticide used to control mosquitoes, holding that his notice of intent to sue was sufficient because it listed the date of violation as the month the district's National Pollutant Discharge Elimination System (NPDES) permit became effective (Matt Cooper v. Toledo Area Sanitary District, No. 19-3216, 6th Cir., 2019 U.S. App. LEXIS 37235). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 7, 2020 Category: Medical Law Source Type: news

Judge Grants Injunction For Drinking Water Rules Pertaining To PFAS Chemicals
CONCORD, N.H. - A New Hampshire state court judge on Nov. 26 granted a preliminary injunction to a water and sewer agency regarding rules it promulgated for the levels of various per- and poly-fluoroalkyl substances in drinking water but stayed implementation of the order to allow for either party in the lawsuit to appeal the ruling (Plymouth Village Water& Sewer District, et al. v. Robert R. Scott, No. 217-2019-CV-00650, N.H. Super., Merrimack Co., 2019 N.H. Super. LEXIS 18). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 7, 2020 Category: Medical Law Source Type: news

Judge Orders Jurisdictional Discovery In Groundwater Contamination Case
ALBANY, N.Y. - A federal judge in New York on Jan. 2 ordered jurisdictional discovery in a consolidated groundwater lawsuit related to perfluorooctanoic acid (PFOA) contamination, ruling that although the district court lacked general or alter-ego jurisdiction, Saint-Gobain Corp. may be subject to personal jurisdiction (In re: Hoosick Falls PFOA Cases, No. 19-220, N.D. N.Y.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 7, 2020 Category: Medical Law Source Type: news

Judge Denies Navy's Stay Request Pending Hazardous Substance Determination
PHILADELPHIA - The U.S. Department of the Navy's request for a six-month stay of a consolidated lawsuit pending a determination from the federal government and the commonwealth of Pennsylvania as to whether perfluorooctane sulfonate (PFOS) and pefluorooctanic acid (PFOA) are hazardous substances was denied by a federal judge in Pennsylvania on Dec. 16 after he found that the interests of the plaintiffs outweigh those of the Navy (Kristen Giovanni, et al. v. U.S. Department of the Navy, No. 16-4873, Dorothy Palmer, et al. v. U.S. Department of the Navy, No. 17-765, E.D. Pa., 2019 U.S. Dist. LEXIS 215446). (Source: LexisNexi...
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 7, 2020 Category: Medical Law Source Type: news

Judge: Residents Barred From Seeking Investigative, Relocation Costs Under CERCLA
FORT WAYNE, Ind. - Residents of a housing complex that was built on property that was later designated a Superfund site cannot seek to recover costs for the investigation of lead and arsenic contamination and relocation to temporary housing under the Comprehensive Environmental Response, Compensation, and Liability Act, a federal judge in Indiana ruled Dec. 16 in granting a motion for partial summary judgment filed by E.I. du Pont de Nemours and Co. and The Chemours Co., finding that the plaintiffs were required to pay their attorney for the investigative costs pursuant to a retainer agreement and that the U.S. Environment...
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 7, 2020 Category: Medical Law Source Type: news

Florida High Court: $5.21M Verdict Valid Based On Statute's Damages Definition
TALLAHASSEE, Fla. - The Florida Supreme Court on Dec. 19 reinstated a $5,211,500 award to a man who sought personal injury damages for chemical exposure using a state statute typically applied to chemical damage from pollution to local waterways. The Supreme Court said the definition of "all damages" in the statute covered his injuries (Charles L. Lieupo v. Simon's Trucking Inc., No. 18-657, Fla. Sup.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 7, 2020 Category: Medical Law Source Type: news

West Virginia High Court: Malpractice Claims Fail In Drinking Water Class Action
CHARLESTON, W.Va. - The West Virginia Supreme Court of Appeals on Dec. 20 affirmed a lower court and ruled that a man did not have a legal malpractice case against attorneys he says failed to properly represent him by ensuring that he had opted out of a class action settlement pertaining to groundwater contamination claims (Richard Gravely v. Anthony J. Majestro, et al., No. 19-30, W. Va. Sup., 2019 W.Va. LEXIS 661). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 7, 2020 Category: Medical Law Source Type: news

Judge Stays Discovery Between DowDuPont, Chemours In C8 Litigation Liability Case
WILMINGTON, Del. - A Delaware state court judge on Dec. 18 issued a partial bench ruling in which he stayed discovery in 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. Vice Chancellor Sam Glasscock III did not elaborate on the reason for his decision (The Chemours Company v. DowDuPont Inc., No. 2019-0351,...
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 7, 2020 Category: Medical Law Source Type: news

Donziger Appeals 2 Cases To 2nd Circuit In Lago Agrio Judgment Litigation
NEW YORK - Steve 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, on Dec. 12 filed notices of appeal in the Second Circuit U.S. Court of Appeals in two separate but related cases pertaining to the judgment (Chevron Corporation v. Steven Donziger, No. 19-4091; United States of America v. Donziger, No. 19-4155, 2nd Cir.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 7, 2020 Category: Medical Law Source Type: news

Flint Plaintiffs: Defendants May Not Increase Time For Depositions In Water Case
ANN ARBOR, Mich. - Plaintiffs in the litigation pertaining to the lead-contaminated water crisis in Flint, Mich., on Dec. 30 filed a brief in Michigan federal court contending that the district court should deny a motion filed by defendants who seek additional time for their own depositions and a reduction in time allotted for the plaintiffs. The plaintiffs contend that the defendants cite no evidence in support of their motion (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 - January 7, 2020 Category: Medical Law Source Type: news

Home Depot: Glyphosate Case Should Be Dismissed Based On Federal Preemption
LOS ANGELES - Home Depot U.S.A. Inc. on Dec. 13 filed a brief in California federal court arguing that it should dismiss a lawsuit brought against the company related to the sale of the herbicide Roundup, which contains the active ingredient glyphosate, because the case is preempted by the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) (James Weeks v. Home Depot U.S.A. Inc., No. 19-6780, C.D. Calif.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 7, 2020 Category: Medical Law Source Type: news

Government: Attorney Tried To Extort Money From Company Related To Roundup Cases
CHARLOTTESVILLE, Va. - The U.S. government on Dec. 16 filed a criminal complaint in Virginia federal court against an attorney it claims engaged in interstate communication with parties from whom he intended to extort money under the guise of providing consulting services related to litigation involving the herbicide Roundup, which contains the active ingredient glyphosate (United States of America v. Timothy Litzenburg, No. 19-69, W.D. Va.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 7, 2020 Category: Medical Law Source Type: news

Judge Remands Roundup Case, Says Claims Against Local Party Not 'Wholly Frivolous'
SAN FRANCISCO - A federal judge in California on Dec. 17 issued an order remanding a glyphosate cancer lawsuit against Monsanto Co. to California state court, despite the company's contention that the state defendants named in the complaint had 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 - January 7, 2020 Category: Medical Law Source Type: news

Glyphosate Case Alleging Fraudulent Concealment Against Monsanto Sent To MDL
SAN FRANCISCO - A Texas woman who sued Monsanto Co. alleging that its fraudulent concealment of the health risks associated with the herbicide Roundup, which contains glyphosate, led to her exposure and eventual cancer had her case transferred to the multidistrict litigation for Roundup Products Liability Litigation in California federal court (Emma Ronay v. Monsanto Company, No. 19-7930, MDL 2741, N.D. Calif.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 7, 2020 Category: Medical Law Source Type: news

Glyphosate Plaintiff Attorney: Cancer Trial Sanctions Were An Abuse Of Discretion
SAN FRANCISCO - An attorney on Dec. 18 filed a brief in the Ninth Circuit U.S. Court of Appeals, arguing that a lower court judge abused his discretion when he sanctioned her during a glyphosate cancer trial in which her client won $80,267,644.10 against Monsanto Co. The verdict was later reduced, and the plaintiff appealed to the Ninth Circuit (Edwin Hardeman v. Monsanto Company, Nos. 196253 and 19-16255, 9th Cir.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 7, 2020 Category: Medical Law Source Type: news

Monsanto: 9th Circuit Should Reverse Roundup Verdict Based On Numerous Errors
SAN FRANCISCO - The Monsanto Co. on Dec. 13 filed a brief in the Ninth Circuit U.S. Court of Appeals, arguing that a lower court erred in a trial about the herbicide Roundup when it admitted into evidence the conclusion reached by the International Agency for Research Cancer (IARC) that glyphosate, the active ingredient in Roundup, is carcinogenic (Edwin Hardeman v. Monsanto Company, No. 19-16636, 9th Cir.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 7, 2020 Category: Medical Law Source Type: news

U.S. Government, Others File Briefs Favoring Monsanto's Glyphosate Verdict Appeal
SAN FRANCISCO - The U.S. government on Dec. 20 filed an amicus curiae brief in the Ninth Circuit U.S. Court of Appeals in support of Monsanto Co.'s appeal of a glyphosate cancer verdict, contending that the plaintiff's claims of failure to warn regarding Monsanto's labeling of the herbicide Roundup, which contains the active ingredient glyphosate, are preempted by federal law (Edwin Hardeman v. Monsanto Company, No. 19-16636, 9th Cir.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 7, 2020 Category: Medical Law Source Type: news

High Court Should Deny Flint Water Appeal By Michigan Employees, Residents Say
WASHINGTON, D.C. - Residents of the city of Flint, Mich., on Dec. 16 filed a brief in the U.S. Supreme Court contending that it should deny a petition for certiorari filed by current and former employees of the Michigan Department of Environmental Quality (MDEQ) who contend that they are entitled to immunity in the Flint lead-contaminated water crisis litigation (Stephen Busch, et al. v. Shari Guertin, et al., No. 19-350, U.S. Sup.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 7, 2020 Category: Medical Law Source Type: news

MacDill Air Force Base Residents Sue Owners, Developers Over Mold
TAMPA, Fla. - A number of active military personnel and their spouses on Dec. 2 filed a class action in Florida federal court accusing the owners and developers of the MacDill Air Force Base of failing to provide them with sufficient housing due to mold infestations that they claim have caused economic losses and physical injuries (Joshua Lenz, et al. v. Michaels Organization LLC, et al., No. 19-cv-2970-T-30, M.D. Fla.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - December 18, 2019 Category: Medical Law Source Type: news