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

Groups Want To Add Makers Of Aqueous Foam As Parties In Tainted Groundwater Case
CHARLESTON, S.C. - A charity and a water supplier on Oct. 4 moved in South Carolina federal court for permission to amend their complaint against the United States related to groundwater contamination from aqueous film forming foam (AFFF) to add claims against new parties including the 3M Co., Tyco Fire Products LP and others (Security Water District, et al. v. United States of America [In re: Aqueous Film Forming Foam], No. 19-2187, MDL 18-2873, D. S.C.). (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

Judge: Firefighter Establishes Jurisdiction For Aqueous Film Chemical Injury Case
COLUMBUS, Ohio - A federal judge in Ohio on Sept. 30 denied motions to dismiss a complaint filed by a firefighter who claims that he has been injured as a result of exposure to aqueous film forming foams (AFFF) used to fight chemical fires, which contain per- and polyfluoroalkyl substances (PFAS). The judge said the plaintiffs established jurisdiction (Kevin Hardwick v. 3M Company, et al., No. 18-1185, S.D. Ohio, 2019 U.S. Dist. LEXIS 169322). (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

Judge Orders Lago Agrio Attorney's Passports Held As Contempt Case Continues
NEW YORK - A federal judge in New York presiding over the civil contempt case of 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, on Oct. 8 ordered Donziger's passports to be delivered to the court clerk pending a determination that he has "purged himself of his civil contempt" outlined in the forensic protocol issued in the case (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 - October 16, 2019 Category: Medical Law Source Type: news

C8 Plaintiffs: Dupont Acted In Bad Faith When It Deposed Science Panel Witness
COLUMBUS, Ohio - Plaintiffs in the multidistrict litigation related to perfluorooctanoic acid (known as C8) on Oct. 8 filed a brief in Ohio federal court contending that the deposition of one particular witness should be stricken because E.I. du Pont de Nemours& Co. acted in bad faith and violated two district court orders (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 - October 16, 2019 Category: Medical Law Source Type: news

Lowe's Says It Violated No Laws By Selling Roundup; Glyphosate Not Carcinogenic
WEST PALM BEACH, Fla. - Lowe's Home Centers LLC in an Oct. 4 answer tells a Florida federal court that it has not violated any laws by selling the herbicide Roundup, which contains the ingredient glyphosate, and it denies that glyphosate-containing products cause cancer (Yvette Helen Biddle v. Lowe's Home Centers LLC, No. 19-81251, S.D. Fla.). (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

Judge Postpones Glyphosate Cancer Trial After Venue Issue Seemed Resolved
ST. LOUIS - A state court judge in Missouri on Oct. 4 postponed indefinitely a cancer victim's lawsuit against Monsanto Co. related to the herbicide Roundup, which contains the active ingredient glyphosate (Walter Winston v. Monsanto Company, No. 1822-CC00515, Mo. Cir., St. Louis City). (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

9th Circuit Releases 2 Appeals From Mediation Related To Glyphosate Cancer Award
SAN FRANCISCO - The circuit mediator for the Ninth Circuit U.S. Court of Appeals on Oct. 4 released from the mediation program two glyphosate cases against Monsanto Co. in which a cancer victim is appealing a district court judge's reduction of his original damages award against the company. Monsanto is cross-appealing the district court's denial of its motion for judgment notwithstanding the verdict (JNOV) (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 - October 16, 2019 Category: Medical Law Source Type: news

Roundup Would Be 'Misbranded' If It Contained A Cancer Warning, Monsanto Says
SAN FRANCISCO - Monsanto Co. on Sept. 30 filed a brief in California appellate court contending that the U.S. Environmental Protection Agency has determined that glyphosate, the active ingredient in the herbicide Roundup, is not likely to cause cancer and, therefore, Roundup would be "misbranded" if it included a cancer warning (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 - October 16, 2019 Category: Medical Law Source Type: news

Parties In Glyphosate Appeal Should Not 'Inappropriately Inject' New Arguments
SAN FRANCISCO - A groundskeeper whose $289 million award against Monsanto Co. was ultimately reduced to $78 million in his glyphosate cancer lawsuit filed a brief on Sept. 30 in a California appeals court contending that the court should disregard the attempts of various amici curiae to "inappropriately inject" new arguments and issues into the appeal (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 - October 16, 2019 Category: Medical Law Source Type: news

Michigan Employees Seek High Court Review Of Immunity Ruling In Flint Water Case
WASHINGTON, D.C. - Current and former employees of the Michigan Department of Environmental Quality (MDEQ) on Sept. 17 filed a petition for writ of certiorari in the U.S. Supreme Court arguing that it should grant their appeal of a divided appellate court ruling that denied rehearing of a decision that held that the employees were not entitled to immunity in the Flint, Mich., 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 - October 16, 2019 Category: Medical Law Source Type: news

Coverage Barred For Contamination Suit Under 1 Group Of Primary Policies
NEW YORK - A New York federal judge on Sept. 20 partially granted an insurer's motion for summary judgment regarding coverage under a group of primary policies that required the insured to provide timely notice of an occurrence because the insured failed to provide timely notice of two occurrences of environmental contamination that form the basis for an underlying lawsuit filed against the insured (Travelers Indemnity Co. v. Northrup Grumman Corp., No. 16-8778, S.D. N.Y., 2019 U.S. Dist. LEXIS 161154). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 2, 2019 Category: Medical Law Source Type: news

Judge Denies JNOV In Lead Paint Case, Says Risk Contribution Theory Applies
MILWAUKEE - A federal judge in Wisconsin on Sept. 19 denied motions for judgment notwithstanding the verdict (JNOV) filed by companies that formerly made lead-based paint that sought to overturn lead-based paint injury verdicts against them. The judge said Wisconsin's risk contribution theory applied (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 - October 2, 2019 Category: Medical Law Source Type: news

Judge Denies Fracking Company Dismissal Of Chemical Exposure Wrongful Death Case
BILLINGS, Mont. - A federal judge in Montana on Sept. 13 denied a motion to dismiss a wrongful death chemical exposure case brought by a woman who contends that her son was killed when a hydraulic fracturing company negligently allowed him to work around toxic substances on a fracking well site (Mary L. Devera v. Exxon Mobil Corporation, No. 18-59, D. Mont., 2019 U.S. Dist. LEXIS 157000). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 2, 2019 Category: Medical Law Source Type: news

Resort Owners: Groundwater Connection Theory Fails; Case Should be Dismissed
BOSTON - The owners of a resort on Sept. 20 filed a brief in Massachusetts federal court contending that the court should dismiss a case brought by an environmental advocacy group that sued them for allegedly contaminating local groundwater, because the plaintiff tries to "inflate" federal law by adopting what is known as the "groundwater connection theory" (Conservation Law Foundation Inc. v. Longwood Venues& Destinations Inc., et al., No. 19-cv-11672, D. Mass.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 2, 2019 Category: Medical Law Source Type: news

Judge Dismisses Claims Against Some Defendants In Chemical Cleanup Lawsuit
DAYTON, Ohio - A federal judge in Ohio on Sept. 23 granted some motions for summary judgment dismissal and denied others in a groundwater contamination lawsuit related to chemical contamination at a dump site where numerous companies disposed of hazardous substances (Hobart Corporation, et al. v. The Dayton Power& Light Co., et al., No. 13-cv-115, S.D. Ohio, 2019 U.S. Dist. LEXIS 162465). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 2, 2019 Category: Medical Law Source Type: news

Panel Reverses, Remands Case After Saying Wrong Legal Standard Was Applied
SACRAMENTO, Calif. - A California appeals panel on Sept. 13 reversed and remanded a groundwater contamination lawsuit, ruling that a trial court applied the wrong standard to determine whether the predecessors to a chemical company incurred direct liability for control over activities resulting in the hazardous waste discharges that tainted local drinking water (Atlantic Richfield Company v. Central Valley Regional Water Quality Control Board, No. C086745, Calf. App., 3rd Dist., 2019 Cal. App. Unpub. LEXIS 6123). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 2, 2019 Category: Medical Law Source Type: news

Maui County Committee Agrees Clean Water Act Dispute Should Be Settled
WAILUKU, Hawaii - The Council on Governance, Ethics and Transparency Committee for Maui County, Hawaii, says in a Sept. 20 letter to the county's council that it is in favor of settling a lawsuit brought by four environmental groups accusing the county of violating the Clean Water Act (CWA) by operating Underground Injection Control (UIC) wells without a National Pollutant Discharge Elimination Systems (NPDES) permit rather than having the U.S. Supreme Court decide on whether the discharges violate the act. (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 2, 2019 Category: Medical Law Source Type: news

New York: Aqueous Foam Case Belongs In State Court; Federal Jurisdiction Lacking
CHARLESTON, S.C. - The state of New York on Sept. 23 filed a brief in South Carolina federal court contending that its case in the multidistrict litigation for aqueous film forming foam, a firefighting chemical that has been linked to groundwater contamination, should be remanded to state court because the defendants were not acting under government authority when they sold the chemical to private parties (In re: Aqueous Film Forming Foams Products Liability Litigation, MDL No. 18-2873, D. S.C.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 2, 2019 Category: Medical Law Source Type: news

Judge Unseals Documents Sought By Chevron In Lago Agrio Litigation
NEW YORK - A federal judge in New York on Sept. 25 issued an order to unseal documents in the long-running saga of Chevron Corp.'s case against 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. The one-page order pertains to documents belonging to Donziger's associate (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 - October 2, 2019 Category: Medical Law Source Type: news

Former Employees Seek Order Protecting Them From Being Deposed In Flint Water Case
ANN ARBOR, Mich. - Some former employees of the city of Flint, Mich., on Sept. 27 filed a joint motion for a protective order in Michigan federal court, contending that it should temporarily postpone a plan to take their depositions in the lead-contaminated water crisis litigation because taking such discovery would adversely affect other litigation pending against them (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 - October 2, 2019 Category: Medical Law Source Type: news

Flint Water Crisis Appeals Consolidated At 6th Circuit
CINCINNATI - The clerk of the Sixth Circuit U.S. Court of Appeals on Sept. 17 issued an order consolidating four separate appeals filed by various defendants in the Flint lead-contaminated water crisis who contend that the district court wrongly found them liable for residents' injuries (Luke Waid, et al. v. Darnell Earley, et al. [In re: Flint Water Cases], Nos. 19-1425, 19-1472, 19-1477, 19-1533, 6th Cir.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 2, 2019 Category: Medical Law Source Type: news

Cancer Victim: Monsanto Fraudulently Marketed Herbicide Roundup
NASHVILLE, Tenn. - A cancer victim on Sept. 24 sued Monsanto Co. in Tennessee federal court contending that it is liable for causing his injury as a result of manufacturing and fraudulently marketing the herbicide Roundup, which contains the active ingredient glyphosate (Robert Arms v. Monsanto Co., No. 19-374, E.D. Tenn.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 2, 2019 Category: Medical Law Source Type: news

Plaintiffs: Landlord Failed To Remediate Lead Paint Hazards
CLEVELAND - An Ohio man sued a property management company in state court on Aug. 30, contending that it was liable for lead-based paint injuries suffered by his family because it failed to remediate lead hazards on the premises and it failed to disclose the presence of those hazards (Dewayne Edwards, et al. v. CCF Properties LLC, No. 19-920917, Ohio Comm. Pls., Cuyahoga Co.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 17, 2019 Category: Medical Law Source Type: news

Company: Court Should Issue Final Judgment For Its Dismissal From Lead Case
MILWAUKEE - A former maker of lead-based paint that has been dismissed from an injury lawsuit against multiple manufacturers on Aug. 27 filed a brief in Wisconsin federal court arguing that the court should enter final judgment in the company's favor because doing so will expedite the court's analysis of the preclusive effect of that dismissal in the other white lead carbonate cases pending before the court (Glenn Burton v. American Cyanamid, et al., No. 07-0303, E.D. Wis.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 17, 2019 Category: Medical Law Source Type: news

3M Co. Removes Chemical Exposure Case To Federal Court
WILMINGTON, Del. - The 3M Co. on Sept. 6 removed a putative chemical exposure class action to Delaware federal court under the Class Action Fairness Act (CAFA) on grounds that the amount in controversy related to groundwater contamination and property damage exceeds $5 million (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 - September 17, 2019 Category: Medical Law Source Type: news

Groups, Tennessee Valley Authority Agree To Dismiss High Court Appeal
WASHINGTON, D.C. - Two Tennessee-based environmental groups on Sept. 4 filed a motion in the U.S. Supreme Court to dismiss an appeal of a Sixth Circuit U.S. Court of Appeals ruling over whether the Tennessee Valley Authority's (TVA) discharges from coal ash storage ponds violate the Clean Water Act (CWA), explaining that the parties had reached a settlement (Tennessee Clean Water Network, et al. v. Tennessee Valley Authority, No. 18-1307, U.S. Sup.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 17, 2019 Category: Medical Law Source Type: news

High Court: Solicitor General Can Participate In Clean Water Act Oral Arguments
WASHINGTON, D.C. - The U.S. Supreme Court on Aug. 23 granted the solicitor general's motion to participate in oral arguments in a case brought by environmental groups claiming that a Hawaii county should be required under the Clean Water Act (CWA) to obtain a National Pollutant Discharge Elimination System (NPDES) permit for discharges from a point source that reach the Pacific Ocean through soil and groundwater (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 - September 17, 2019 Category: Medical Law Source Type: news

New York Can Enforce Cleanup Of Contaminated Site, 2nd Circuit Rules
NEW YORK - The state of New York can require a company to remediate a contaminated site in Buffalo, N.Y., pursuant to a 2002 consent decree, a Second Circuit U.S. Court of Appeals panel ruled Sept. 10, finding that the state anticipated that the company would clean up contamination that was known to be at the site when the parties entered into the agreement (New York v. PVS Chemicals Inc., No. 18-2537-cv, 2nd Cir., 2019 U.S. App. LEXIS 27193). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 17, 2019 Category: Medical Law Source Type: news

Judge: State Of Maryland Shows Causation For Some, Not All MTBE Claims
BALTIMORE - A federal judge in Maryland on Sept. 4 partially granted and partially denied motions to dismiss a methyl tertiary butyl ether (MTBE) groundwater contamination case against multiple gasoline companies brought by the state of Maryland, on grounds that the state established causation for some, but not all, of its claims (Maryland v. Exxon Mobil Corp., et al., No. ELH-18-459, D. Md., 2019 U.S. Dist. LEXIS 150177). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 17, 2019 Category: Medical Law Source Type: news

Water Authority Sues 3M, Others For Tainted Wells Caused By Firefighting Foam
CHARLESTON, S.C. - A Pennsylvania municipal water authority on Aug. 30 sued the 3M Co. and others in South Carolina federal court, alleging that they are liable for groundwater contamination from per- and polyfluoroalkyl substances (PFAS) contained in foam used to fight chemical fires (Warminster Township Municipal Authority v. 3M Company f/k/a Minnesota Mining and Manufacturing Co., et al., No. 19-2472, D. S.C.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 17, 2019 Category: Medical Law Source Type: news

Aqueous Film Complaints Should Not Be Amended, DuPont, Chemours Argue
CHARLESTON, S.C. - Two defendants in the multidistrict litigation pending in South Carolina federal court concerning aqueous film forming foam (AFFF) products on Sept. 13 filed a joint brief opposing multiple plaintiffs' attempts to amend their complaints, contending that the companies are not manufacturers of AFFF and, therefore, the proposed amendments would prejudice them (In re: Aqueous Film Forming Foams Products Liability Litigation, MDL No. 18-2873, D. S.C.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 17, 2019 Category: Medical Law Source Type: news

Chemours: District Court Should Block C8 Plaintiffs From Conducting Depositions
COLUMBUS, Ohio - The Chemours Co. on Sept. 9 filed a brief in Ohio federal court contending that it should grant the company's motion for a protective order and prevent the plaintiffs in the multidistrict litigation related to perfluorooctanoic acid (known as C8) from deposing the company's officers. Chemours also says the court should quash the plaintiffs' attempt to obtain documents (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 - September 17, 2019 Category: Medical Law Source Type: news

Flint Water Crisis Defendant: Proposed Class Definitions Are 'Overbroad'
ANN ARBOR, Mich. - A defendant in the lead-contaminated water crisis litigation in the city of Flint, Mich., on Sept. 10 filed a brief in Michigan federal court arguing that the plaintiffs in the litigation use "inappropriate, overbroad class definitions to get discovery to which they are not entitled" (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 - September 17, 2019 Category: Medical Law Source Type: news

Cancer Victim Seeks Damages For Monsanto's Malice In Selling Herbicide Roundup
LOS ANGELES - A cancer victim on Aug. 30 sued Monsanto Co. in California federal court contending that it is liable for his injury through fraudulent marketing of the herbicide Roundup, which contains the active ingredient glyphosate (Manuel Cobian v. Monsanto Company, No. 19-7588, C.D. Calif.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 17, 2019 Category: Medical Law Source Type: news

Mother: Monsanto's Fraud Led To Daughter's Cancer Death From Roundup Exposure
BOISE, Idaho - An Idaho woman on Sept. 11 sued Monsanto Co. in Idaho federal court, alleging that the company fraudulently marketed the herbicide Roundup, which contains the active ingredient glyphosate, and that as a result of the company's misrepresentation, the plaintiff's daughter died from cancer (Leslie Ann Adamson v. Monsanto Co., No. 19-350, D. Idaho). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 17, 2019 Category: Medical Law Source Type: news

Lowe's Removes Glyphosate Deceptive Trade Practices Case To Florida Federal Court
WEST PALM BEACH, Fla. - Lowe's Home Centers LLC on Sept. 9 removed to Florida federal court a lawsuit brought against it by a woman who says the company is violating the state deceptive trade practices act by selling the herbicide Roundup, which contains the active ingredient glyphosate. The woman maintains that glyphosate is carcinogenic (Yvette Helen Biddle v. Lowe's Home Centers LLC, No. 19-81251, S.D. Fla.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 17, 2019 Category: Medical Law Source Type: news

Cancer Victim: Monsanto Knowingly Misrepresented Safety Of Roundup
PHILADELPHIA - A couple sued Monsanto Co. on Sept. 5 in Pennsylvania federal court contending that the company is liable for causing the wife's cancer from exposure to the herbicide Roundup, which contains the active ingredient glyphosate. The couple maintains that Monsanto misrepresented the safety of Roundup while it had knowledge of the carcinogenic properties of glyphosate (Mary Anne Merchant, et al. v. Monsanto Company, No. 19-4043, E.D. Pa.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 17, 2019 Category: Medical Law Source Type: news

Couple: Monsanto's Herbicide Roundup Caused Cancer; Company Had Knowledge
TRENTON, N.J. - A couple sued Monsanto Co. in New Jersey federal court on Sept. 9, contending that it is liable for causing the husband's cancer because the active ingredient in the herbicide Roundup is glyphosate, which the company has known is a carcinogen for decades (Peter Savvis, et al. v. Monsanto Company, No. 19-17754, D. N.J.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 17, 2019 Category: Medical Law Source Type: news

En Banc Missouri High Court: Venue Transfer Issue 'Moot'; Glyphosate Case Proceeds
SPRINGFIELD, Mo. - The Missouri Supreme Court sitting en banc on Sept. 9 ruled that a dispute over the proper venue for a glyphosate cancer lawsuit against Monsanto related to its herbicide Roundup has been settled because the plaintiff withdrew his opposition to the company's writ for a transfer of venue (State ex rel. Monsanto v. Hon. Michael K. Mullen, No. SC98009, Mo. Sup.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 17, 2019 Category: Medical Law Source Type: news

Judge Says Expert's Opinions On Migration Of Contaminated Groundwater Are Reliable
TRENTON, N.J. - An expert's testimony that contaminated groundwater containing the gasoline additive methyl tertiary butyl ether (MTBE) traveled from the site of a gas station with underground storage tanks (USTs) to domestic water supply wells is reliable because it is based on sound methodology, a federal judge in New Jersey ruled Aug. 28 in denying three defendant companies' motions to exclude the expert's opinions under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) (New Jersey Department of Environmental Protection v. Amerada Hess Corp., et al., No. 15-6468, D. N.J., 2019 U.S. Dist. LEXIS 146336). (...
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 3, 2019 Category: Medical Law Source Type: news

Development Company Appeals Tainted Groundwater Case To 1st Circuit
SAN JUAN, Puerto Rico - The Puerto Rico Industrial Development Co. (PRIDCO) on Aug. 19 filed a notice in a federal court in Puerto Rico that it is appealing to the First Circuit U.S. Court of Appeals the lower court's ruling ordering it to pay $5.3 million to the government for costs incurred pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) related to remediation of toxins at the Maunabo Area Groundwater Contamination Superfund site (United States v. Puerto Rico Industrial Development Company, No. 15-2328, D. Puerto Rico). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 3, 2019 Category: Medical Law Source Type: news

Plaintiffs Say Whole Foods' Bottled Water Contains Arsenic
LOS ANGELES - Three individuals on Aug. 26 sued Whole Foods Market Inc. in California federal court contending that they have been exposed to arsenic in bottled water sold at Whole Food that is incorrectly marketed as "pure" (David Berke, et al. v. Whole Foods Market Inc., et al., No. 19-7471, C.D. Calif.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 3, 2019 Category: Medical Law Source Type: news

Newark Gets $120M Loan To Replace Lead Pipes As Water Crisis Continues
NEWARK, N.J. - New Jersey officials on Aug. 26 announced that the Essex County Improvement Authority has agreed to loan the city of Newark $120 million to replace water service lines made of lead, which are leaching the toxin into the residential water supply. (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 3, 2019 Category: Medical Law Source Type: news

EPA Proposes Changes That Would Rescind Regulations On Methane, Other Toxins
WASHINGTON, D.C. - The U.S. Environmental Protection Agency on Aug. 29 proposed amendments to New Source Performance Standards (NSPS) for the oil and natural gas industry that would rescind regulations on emissions of methane, volatile organic compounds (VOCs) and greenhouse gases. (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 3, 2019 Category: Medical Law Source Type: news

Wyoming: 2016 Methane Rule Exceeded Authority; Revision Was Proper
SAN FRANCISCO - The state of Wyoming on Aug. 26 moved in California federal court for dismissal of a lawsuit filed by the states of California and Wyoming against the Trump administration related to the U.S. Bureau of Land Management's (BLM) revision of a 2016 rule that regulated venting and flaring of methane gas at hydraulic fracturing facilities. The state contends that the revision was proper because the BLM exceeded its statutory authority when it issued the rule in 2016 (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 - September 3, 2019 Category: Medical Law Source Type: news

Judge Approves 3rd Co-Signer To Meet Bond Requirements In Donziger Criminal Case
NEW YORK - A federal judge in New York on Aug. 23 ordered the court clerk to amend the bond permit issued in the criminal proceeding against Steven R. Donziger, the attorney who won an $18.5 billion judgment against Chevron in a court in Ecuador for injuries only to have it reversed, to permit the signature of a third co-signer so that an additional surety can sign it and post property to satisfy criminal bond requirements (In re: United States v. Steven Donziger, No. 19-CR-561, S.D. N.Y.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 3, 2019 Category: Medical Law Source Type: news