Hawaii Governor Signs Law Prohibiting Use Of Pesticide Chlorpyrifos
HONOLULU - The governor of Hawaii on June 13 signed into law a bill that completely bans the use of pesticides containing chlorpyrifos starting in 2023, making it the first state to prohibit use of the chemical. (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - June 20, 2018 Category: Medical Law Source Type: news

Toxic Tort Law Firm Accused Of Breach Of Conduct Removes Case To Federal Court
SCRANTON, Pa. - A law firm on June 4 removed to the U.S. District Court for the Middle District of Pennsylvania a putative class action brought against it by a man who contends that the firm breached its professional obligations that were part of a contingent fee agreement in an underlying toxic tort lawsuit to which he was party (Stanley Waleski v. Montgomery McCracken Walker& Rhoads, No. 18-1144, M.D. Pa.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - June 20, 2018 Category: Medical Law Source Type: news

Government Agency Issues New Standard For Workplace Exposure To Silica
WASHINGTON, D.C. - The Occupational Safety and Health Administration (OSHA) on June 11 issued a standard to limit the exposure of workers to respirable crystalline silica in general industry and maritime occupations. (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - June 20, 2018 Category: Medical Law Source Type: news

Putative Class: Tainted Water Claim Valid; Motion To Dismiss Should Be Denied
FORT MYERS, Fla. - A group of Florida residents on June 6 filed a brief in Florida federal court contending that the district court should deny the city of Fort Myers' motion to dismiss the group's putative class action for the contamination of local groundwater with arsenic because they have stated a claim for relief, among other things, for violation of federal laws that prohibit open dumps (Deretha Miller, et al. v. Fort Myers, et al., No. 18-195, M.D. Fla.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - June 20, 2018 Category: Medical Law Source Type: news

Colorado Mine Spill Cases Should Not Be Consolidated, Navajo Nation, Others Say
ALBUQUERQUE, N.M. - The Navajo Nation and the states of New Mexico and Utah on June 7 filed a brief in a New Mexico federal court arguing that their lawsuit should not be consolidated with others against the companies that spilled 3 million gallons of acid mine drainage and heavy metals into the Animas and San Juan rivers. The Navajo Nation and the states argue that the spill has tainted the groundwater supply (In re: Gold King Mine Release in San Juan County, Colorado on August 5, 2015, No. 18-2824, D. N.M.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - June 20, 2018 Category: Medical Law Source Type: news

EPA, 'Fixer Upper' Home Repair Show Reach Deal Regarding Lead-Based Paint
WASHINGTON, D.C. - The Environmental Protection Agency announced June 5 that it has reached a settlement agreement with Magnolia Waco Properties LLC, which does business as Magnolia Homes, to resolve alleged violations of the Toxic Substances Control Act (TSCA) related to home renovations conducted without adequate lead paint protection on the home renovation television show "Fixer Upper." (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - June 20, 2018 Category: Medical Law Source Type: news

New Jersey Mother Sues Property Owner, Realty Company For Lead Paint Injuries
LAWRENCEVILLE, N.J. - A mother in New Jersey on June 8 sued a property owner and management company in state court, arguing that they are liable for injuries she and her child suffered as a result of exposure to lead-based paint (Trenice Audain v. Clifridge Associates LLC, et al., No. ESX-L-004043-18, N.J. Super., Essex Co.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - June 20, 2018 Category: Medical Law Source Type: news

Government, New York City Authority Reach Lead Hazard Deal Worth At Least $1.4B
NEW YORK - The U.S. attorney for the Southern District of New York on June 11 announced that he has reached a lead hazard settlement with the New York City Housing Authority (NYCHA) that imposes a federal monitor, requires the city to provide $1.2 billion of additional capital funding to NYCHA over the next five years and requires the city to provide $200 million every year thereafter until the problems are fixed and the consent decree is no longer necessary (United States v. New York City Housing Authority, No. 18-5213, S.D. N.Y.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - June 20, 2018 Category: Medical Law Source Type: news

Chevron: Court Should Deny Relief, Hold Lago Agrio Attorney In Contempt
NEW YORK - Chevron Corp. filed a brief in a New York federal court on June 14 contending that the district court should deny a motion for declaratory relief filed by Steven Donziger, the attorney who represented a group of Ecuadorian residents who won an $18.5 billion judgment against the company for injuries only to have it reversed (Chevron Corporation v. Donziger, et al., No. 11 Civ. 691, S.D. N.Y.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - June 20, 2018 Category: Medical Law Source Type: news

California Attorney General's Motion To Alter Glyphosate Warning Fails, Judge Says
SACRAMENTO, Calif. - A federal judge in California on June 12 denied a motion by the California attorney general that sought to amend a ruling issued by the court in February that enjoined the state of California from requiring companies to issue a warning regarding glyphosate (National Association of Wheat Growers, et al. v. Lauren Zeise, et al., No. 17-2401, E.D. Calif.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - June 20, 2018 Category: Medical Law Source Type: news

Monsanto: Supplemental Ruling Supports Summary Judgment In Roundup MDL
SAN FRANCISCO - Monsanto Co. filed a notice of supplemental authority in California federal court on June 12 that it contends supports its motion for summary judgment based on a failure of general causation proof in the multidistrict litigation for Roundup (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 - June 20, 2018 Category: Medical Law Source Type: news

California School District, Water Company Sue Dow, Others For Water Contamination
SAN FRANCISCO - A California school district and a water company on June 4 filed two separate complaints against The Dow Chemical Co. in California state court, contending that it and other chemical companies are liable for contaminating the local groundwater with 1,2,3-trichloropropane (TCP) (Superior Mutual Water Company v. The Dow Chemical Company, et al., No. CGC-18-566968, Rio Bravo-Greeley Union School District v. The Dow Chemical Company, et al., No. CGC-18-566967, Calif. Super., San Francisco Co.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - June 20, 2018 Category: Medical Law Source Type: news

Governor Vetoes Medical Monitoring Bill, Says Judicial Recourse Currently Exists
MONTPELIER, Vt. - Vermont Gov. Phil Scott on May 22 vetoed a bill that would have held any person who released a toxic substance strictly, jointly and severally liable for any harm resulting from the release and would have established a private right of action for medical monitoring, saying there is nothing that currently keeps an individual from seeking judicial recourse for medical monitoring. (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - June 5, 2018 Category: Medical Law Source Type: news

Judge: Veteran Did Not Show Ruling On Agent Orange Injury Was 'Clearly Erroneous'
WASHINGTON, D.C. - A judge in the U.S. Court of Appeals for Veterans Claims on May 25 denied a veteran's appeal for injuries from exposure to the herbicide Agent Orange on grounds that the veteran did not demonstrate that the Board of Veterans Appeals' findings were "clearly erroneous or otherwise inadequately explained" (Lee A. Knuckles v. Robert L. Wilkie, No.17-1628, Vet. Clms.; 2018 U.S. App. Vet. Claims LEXIS 695). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - June 5, 2018 Category: Medical Law Source Type: news

2nd Circuit Upholds Ruling Finding Residents' State Law Claims Preempted By CERCLA
NEW YORK - A federal judge in New York did not err when dismissing a lawsuit brought by residents who live near a Superfund site after finding that their state law claims were preempted by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), a Second Circuit U.S. Court of Appeals panel ruled May 25, holding that the plaintiffs' claims conflicted with the terms of a remediation plan entered into between Honeywell International Inc. and the U.S. Environmental Protection Agency (Robert Bartlett, et al. v. Honeywell International Inc., No. 17-1907-cv, 2nd Cir., 2018 U.S. App. LEXIS 13860). (Sourc...
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - June 5, 2018 Category: Medical Law Source Type: news

With No Error On Expert Ruling, Summary Judgment Appropriate, 11th Circuit Holds
ATLANTA - A Florida federal court did not abuse its discretion in excluding an expert's opinion that pollution from a fertilizer factory caused or worsened a woman's pulmonary diseases, and then awarding the factory judgment for lack of expert causation evidence, because the court correctly found that the expert's "methodology was undermined by multiple defects," the 11th Circuit U.S. Court of Appeals said May 14 (Rhonda Williams v. Mosaic Fertilizer, LLC, No. 17-10894, 11th Cir., 2018 U.S. App. LEXIS 12478). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - June 5, 2018 Category: Medical Law Source Type: news

Split 4th Circuit Denies Rehearing En Banc Of Groundwater Ruling
RICHMOND, Va. - A divided panel of the Fourth Circuit U.S. Court of Appeals on May 30 denied a petition for rehearing en banc of its divided ruling which concluded that conservation groups have a valid claim against a company whose pipeline leaked 369,000 gallons of gasoline into local groundwater and other water sources (Upstate Forever, et al. v. Kinder Morgan Energy Partners LP, et al., No. 17-1640, 4th Cir.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - June 5, 2018 Category: Medical Law Source Type: news

City Of Fort Myers: Statute Has Run On Claim For Tainted Groundwater
FORT MYERS, Fla. - The city of Fort Myers and two of its employees on May 23 moved to dismiss a putative class action lawsuit that alleges they are liable for the contamination of local groundwater with arsenic on grounds that the statute of limitation has expired and medical monitoring cannot be certified as a class claim (Deretha Miller, et al. v. Fort Myers, et al., No. 18-195, M.D. Fla.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - June 5, 2018 Category: Medical Law Source Type: news

Judge Allows Discovery At DuPont Chemical Plant In Tainted Groundwater Case
WILMINGTON, N.C. - A federal judge in North Carolina on May 25 granted a motion by a group of plaintiffs seeking to conduct discovery on a premises of a chemical plant operated by a subsidiary of E.I. DuPont de Nemours& Co. as part of a lawsuit against the company and is affiliates alleging they are liable for groundwater contamination (Brunswick County, North Carolina v. DowDuPont Inc., et al., No. 17-209, E.D. N.C.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - June 5, 2018 Category: Medical Law Source Type: news

Municipal Water Agency Objects To Company's Bill Of Costs In Groundwater Case
CENTRAL ISLIP, N.Y. - A municipal water district on May 31 filed a brief in a New York federal court contending that Northrop Grumman's bill of costs in the litigation between the parties concerning contaminated groundwater should be denied in its entirety (Bethpage Water District v. Northrop Grumman Corporation, et al., No. 13-6362, E.D. N.Y.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - June 5, 2018 Category: Medical Law Source Type: news

California Federal Jury Rules In Favor Of Chemical Company In Groundwater Case
LOS ANGELES - A federal jury in California on May 17 issued a take-nothing judgment in favor of a chemical company that had been sued by the city of Pomona, Calif., which alleged that the company was liable for contaminating the city's drinking water with perchlorate (Pomona v. SQM North America Corporation, No. 11-167, C.D. Calif.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - June 5, 2018 Category: Medical Law Source Type: news

New York Appeals Court Affirms Summary Judgment Denial In Lead Case
NEW YORK - A New York state appeals court on May 15 affirmed a trial court's denial of summary judgment in a lead exposure lawsuit, saying the record demonstrates that lead abatement did not begin until after the plaintiff was diagnosed with high blood-lead levels (Christopher Brown v. Wendy Webb-Weber, et al., Nos. 159252/14 and 595628/16, N.Y. Sup., App. Div., 1st Dept., 2018 N.Y. App. Div. LEXIS 3446). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - June 5, 2018 Category: Medical Law Source Type: news

Judge Orders Lead-Paint Defendants' Affirmative Defenses Withdrawn
MILWAUKEE - A federal judge in Wisconsin on May 16 ordered several affirmative defenses asserted by the former makers of lead-based paint withdrawn in a lawsuit brought by Wisconsin residents who argue that the companies are liable for injuries they sustained from exposure to leaded paint (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 - June 5, 2018 Category: Medical Law Source Type: news

Residents Seek Class Status For Injury Claims Related To Refinery Explosion
LOS ANGELES - A group of California residents on May 30 moved in California federal court seeking class certification for their injury lawsuit against Exxon Mobil Corp. related to damages they allege they have suffered as a result of an explosion at the company's Torrance Refinery in 2015 (Arnold Goldstein, et al. v. Exxon Mobil Corporation, et al., No. 17-2477, C.D. Calif.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - June 5, 2018 Category: Medical Law Source Type: news

3rd Circuit Vacates Dismissal, Remands Banana Workers' Chemical Exposure Case
PHILADELPHIA - A panel of the Third Circuit U.S. Court of Appeals on May 29 vacated a dismissal order and remanded to Pennsylvania federal court a case brought by banana plantation workers who allege that they have been injured from chemical exposure on the job (Luis Antonio Aguilar Marquinez, et al. v. Dole Food Company Inc., et al., No. 14-4245, 3rd Cir.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - June 5, 2018 Category: Medical Law Source Type: news

City Says Groundwater Case Against 3M Is Not Barred By Statute Of Limitations
BOSTON - The city of Westfield, Mass., on May 18 filed a brief in Massachusetts federal court contending that a motion to dismiss filed by 3M Co. and other companies related to groundwater contamination from the manufacture and use of aqueous film forming foam (AFFF) should be rejected because the claim is not barred by the statute of limitations (City of Westfield, Massachusetts v. 3M, et al., No. 18-30027, D. Mass.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - June 5, 2018 Category: Medical Law Source Type: news

Colorado Residents Sue 3M, Others For Tainted Groundwater From Aqueous Film Foam
DENVER - A group of Colorado residents on May 16 sued 3M Co. and other chemical manufacturers in the U.S. District Court for the District of Colorado contending that they are liable for groundwater contamination caused by aqueous film forming foam (AFFF), a chemical agent used for firefighting operations, which seeped into the water supply (Sarah Stacy, et al v. 3M Company, et al., No. 18-1193, D. Colo.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - June 5, 2018 Category: Medical Law Source Type: news

Judge: Some Claims Against Chemical Companies Valid In Groundwater Case
PHILADELPHIA - A federal judge in Pennsylvania on May 21 ruled that a group of Pennsylvania residents had a valid negligence claim against the makers of aqueous film forming foam (AFFF) related to groundwater contamination, but the judge said the plaintiffs did not sufficiently plead property damage (Larry Menkes, et al. v. 3M Company, et al., No. 17-0573, E.D. Pa.; 2018 U.S. Dist. LEXIS 85113). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - June 5, 2018 Category: Medical Law Source Type: news

Colorado Residents: Companies Contaminated Water With Firefighting Chemicals
DENVER - A group of Colorado residents on May 14 filed a lawsuit in Colorado federal court against the 3M Co. and affiliated companies, alleging that they are liable for personal injury and property damage as a result of contaminating the drinking water in the cities of Security, Widefield and Colorado Springs with aqueous film-forming foam (AFFF) (Cody Ingemansen, et al. v. The 3m Company f/k/a Minnesota Mining and Manufacturing Co., et al., No. 18-1167, D. Colo.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - June 5, 2018 Category: Medical Law Source Type: news

Jury Can Decide Future Restoration Costs For MTBE Contamination, Judge Says
TRENTON, N.J. - A federal judge in New Jersey on May 22 bifurcated a trial to determine the amount of restoration costs companies who sold gasoline containing methyl tertiary butyl ether (MTBE) should pay to remediate groundwater, finding that a jury should determine the amount of future costs the companies should pay followed by a bench trial to determine past costs (New Jersey Department of Environmental Protection, et al. v. Amerada Hess Corp., et al., No. 15-6468, D. N.J., 2018 U.S. Dist. LEXIS 85514). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - June 5, 2018 Category: Medical Law Source Type: news

Panel: Lago Agrio Parties May Not Pierce Chevron's Corporate Veil To Collect $9.5B
TORONTO - The Ontario Court of Appeal on May 24 affirmed a lower court's ruling that refused to pierce the corporate veil of Chevron Corp. to enforce a $9.5 billion environmental damages ruling for Ecuadorian claimants who contend that they were injured by the company during its operation in the Lago Agrio region of Ecuador (Yaiguaje v. Chevron Corporation, No. 2018 ONCA 472, Ontario App.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - June 5, 2018 Category: Medical Law Source Type: news

Monsanto Denies Liability, Says Roundup Is Non-Toxic, Non-Carcinogenic
SAN FRANCISCO - Monsanto Co. on May 29 filed another answer to one of the more than 400 lawsuits in the multidistrict litigation for Roundup, denying any liability for injuries - including non-Hodgkin lymphoma - that plaintiffs say were caused by exposure to the herbicide's active ingredient glyphosate (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 - June 5, 2018 Category: Medical Law Source Type: news

Trump Administration Violates Pesticide Law, Say Attorneys General For 3 States
NEW YORK - Three attorneys general on May 30 filed a lawsuit against EPA Administrator Scott Pruitt alleging that the EPA has made an "unlawful decision to delay a requirement for employers to provide enhanced training to protect farmworkers, pesticide handlers and their families from injury and other forms of harmful exposure to pesticides" (State of New York, et al. v. E. Scott Pruitt, et al., No. 18-4739, S.D. N.Y.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - June 5, 2018 Category: Medical Law Source Type: news

NL Industries Agrees To $60M Settlement Of California Lead Paint Litigation
SANTA CLARA, Calif. - Former lead paint manufacturer NL Industries Inc. has agreed to pay $60.18 million to 11 California counties and municipalities for lead paint remediation, according to a May 16 press release from Santa Clara County (County of Santa Clara, et al. v. Atlantic Richfield Company, et al., No. 1-00-CV-788657, Calif. Super., Santa Clara Co.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - June 5, 2018 Category: Medical Law Source Type: news

U.S. Supreme Court Refuses To Hear Tainted Groundwater Case Against U.S. Army
WASHINGTON, D.C. - The U.S. Supreme Court on May 21 refused to hear an appeal of a groundwater contamination lawsuit brought by a group of residents who contended that a lower court erred when it held that the U.S. Army's waste disposal and remediation practices at Fort Detrick fall squarely within the discretionary function exception to the Federal Tort Claims Act (FTCA) (Angela Pieper v. United States, No. 17-1324, U.S. Sup.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - June 5, 2018 Category: Medical Law Source Type: news

Magistrate Says Causation Opinions Of 3 Experts In Radiation Case All Flawed
CHICAGO - An Illinois federal magistrate judge on May 7 recommended excluding the causation opinions of three experts for a couple seeking to hold General Electric Co. liable for the husband's dementia based on his exposure to radiation while working at nuclear power plants (Steven Lawson, et al. v. General Electric Company, No. 16-04299, N.D. Ill.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - May 15, 2018 Category: Medical Law Source Type: news

Firm: Attorney Fee Appeal For Work In Nuclear Waste Injury Case 'Frivolous'
DENVER - A panel of the 10th Circuit U.S. Court of Appeals will consider a law firm's motion for damages, costs and sanctions for what the firm calls a frivolous appeal in an underlying lawsuit for injuries against Dow Chemical Co. related to injuries from exposure to nuclear waste, according to an order issued by the 10th Circuit clerk on May 10 (Louise M. Roselle, et al. v. Berger& Montague P.C., No. 17-1328, 10th Cir.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - May 15, 2018 Category: Medical Law Source Type: news

Agency Amends Beryllium Exposure Rule, Adopts General Industry Standard
WASHINGTON, D.C. - The U.S. Department of Labor (DOL) on May 7 amended its final rule adopting a comprehensive general industry standard for exposure to beryllium and beryllium compounds. (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - May 15, 2018 Category: Medical Law Source Type: news

Residents Sue Remediation Company For Falsifying Soil Samples From Superfund Site
SAN FRANCISCO - One hundred forty-nine residents who live near a Superfund site in San Francisco sued an environmental remediation company in California state court May 1, claiming that the company falsified soil samples during its alleged cleanup of the property and that its failure to fully complete the work it was paid $1.1 billion to do has led to higher rates of breast and cervical cancer and asthma (Bayview Hunters Point Residents, et al. v. Tetra Tech Inc., et al., No. CGC-18-566188, Calif. Super., San Francisco Co.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - May 15, 2018 Category: Medical Law Source Type: news

Some Claims For Groundwater Contamination May Proceed Against New GM, Judge Says
NEW YORK - A judge in the U.S. Bankruptcy Court for the Southern District of New York on May 4 partially granted an injunction sought by debtor General Motors LLC, known as New GM, and concluded that some groundwater contamination claims asserted by Michigan residents could proceed, but only with regard to assumed liability for compliance with statutory based environmental laws for violations that occurred after the bankruptcy asset sale (In re: Motors Liquidation Company, f/k/a General Motors Corp., et al., No. 09-50026, Chapter 11, S.D. N.Y. Bkcy.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - May 15, 2018 Category: Medical Law Source Type: news

Company: Groundwater Ruling Should Not Be Reconsidered; Groups Lack Standing
TRENTON, N.J. - NL Industries Inc. on May 7 filed a supplemental brief in New Jersey federal court arguing that the court should deny environmental groups' motion for reconsideration of its prior ruling that they failed to produce sufficient evidence to show that NL and other companies violated the Clean Water Act (CWA) when they discharged pollutants in levels that exceeded federal permits and contaminated local groundwater (Raritan Baykeeper, et al. v. NL Industries Ind., et al., No. 09-4117, D. N.J.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - May 15, 2018 Category: Medical Law Source Type: news

Residents: EPA Reports Should Be Excluded From Evidence In Groundwater Case
GREENVILLE, Miss. - Residents who allege that a group of companies are liable for groundwater contamination on May 10 filed a brief in Mississippi federal court contending that it should exclude all reports and opinions of the EPA Region 4 that are included in the companies' disclosure of expert witnesses (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 - May 15, 2018 Category: Medical Law Source Type: news

Texas Panel Reverses $6.98M Benzene Ruling, Says Causation 'Legally Insufficient'
DALLAS - A Texas appellate panel on May 8 reversed a trial court judgment of $6,985,535.25 and rendered a take-nothing judgment in favor of E.I. DuPont de Nemours and Co. after the panel determined that the evidence of causation regarding the company's liability for a man's cancer diagnosis related to benzene exposure was "legally insufficient" (E.I. DuPont de Nemours& Company v. Virgil Hood, et al., No. 05-16-00609-CV, Texas. App., 5th Dist.; 2018 Tex. App. LEXIS 3228). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - May 15, 2018 Category: Medical Law Source Type: news

JPMDL Transfers Cases Against DuPont To C8 Injury MDL, For A Total Of 3,423
WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation (JPMDL) on May 10 transferred seven cases to the multidistrict litigation in the U.S. District Court for the Southern District of Ohio (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 - May 15, 2018 Category: Medical Law Source Type: news

Iowa Man's Glyphosate Cancer Case Against Monsanto Sent To Roundup MDL
WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation (JPMDL) on May 10 transferred to the multidistrict litigation for Roundup products liability litigation a case in which an Iowa man contends that he developed T-cell lymphoma as a result of exposure to glyphosate and other chemicals in the herbicide Roundup (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 - May 15, 2018 Category: Medical Law Source Type: news

Parties Dispute Amount Of Lead Paint Abatement Fund In California Lawsuit
SANTA CLARA, Calif. - The former makers of lead paint and the municipalities that sued those companies alleging that they are responsible for a public nuisance that was created by the presence of lead paint each filed briefs in California state court on April 17 making separate arguments for the recalculation of the abatement fund (California v. ConAgra Grocery Products Company, et al., No. 00-CV-788657, Calif. Super., Santa Clara Co.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - May 15, 2018 Category: Medical Law Source Type: news

Co-Liaison Counsel In Flint Water Case: Class Counsel Should Be Removed
DETROIT - The co-liaison counsel that represents some of the individual plaintiffs in the lead-contaminated water crisis lawsuit brought against the city of Flint, Mich., on May 7 filed a reply brief in Michigan federal court contending that joint representation of the class and thousands of individuals constitutes a conflict of interest that supports removal of the co-lead class counsel (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 - May 15, 2018 Category: Medical Law Source Type: news

Attorneys Debate Flint Water Crisis Retaliation Claims At 6th Circuit
CINCINNATI - Attorneys for the city of Flint, Mich., and those for the woman who was formerly the city administrator before she became a whistleblower presented arguments on May 4 before the Sixth Circuit U.S. Court of Appeals debating the validity of the woman's claim for retaliation under the Michigan Whistleblowers Protection Act (WPA), and the U.S. Constitution (Natasha Henderson v. Flint, Mich., No. 17-2031, 6th Cir.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - May 15, 2018 Category: Medical Law Source Type: news

5th Circuit Certifies Questions About Voluntary Payment To Mississippi High Court
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on April 16 certified two questions to the Mississippi Supreme Court regarding whether Mississippi's voluntary payment doctrine bars an insurer from recovering a settlement payment made on behalf of an additional insured when the insurer disputes that the additional insured was actually covered for the settlement under the applicable policy (Colony Insurance Co. v. First Specialty Insurance Corp., No. 17-60094, 5th Cir., 2018 U.S. App. LEXIS 9444). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - May 2, 2018 Category: Medical Law Source Type: news

Company To Pay Penalty, Complete Environmental Projects Over Emissions
PITTSBURGH - MarkWest Liberty Midstream& Resources LLC and Ohio Gathering Co. LLC (collectively MarkWest) on April 23 agreed to pay a $691,000 civil penalty and complete three environmental projects to resolve allegations from the federal government, state of Pennsylvania and the Pennsylvania Department of Environmental Protection for excessive emissions of volatile organic compounds (VOCs) from two of its facilities, according to a complaint and consent decree filed in Pennsylvania federal court (United States, et al. v. MarkWest Liberty Midstream& Resources LLC, et al., No. 18-cv-520, W.D. Pa.). (Source: LexisNex...
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - May 2, 2018 Category: Medical Law Source Type: news