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Panel Affirms Prior Decision Against Groups That Objected To Fracking Ordinance
HARRISBURG, Pa. - A Pennsylvania appellate panel on June 26 re-affirmed its prior decision that a lower court did not err when it rejected a challenge to a local hydraulic fracturing ordinance brought by residents and environmental groups that opposed it on grounds that it could lead to the contamination of drinking water (Delaware Riverkeeper Network, et al. v. Middlesex Township Zoning Hearing Board v. R.E. Gas Development LLC, No. 2609 CD 2015, Pa. Cmwlth., 2019 Pa. Commw. LEXIS 570). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - July 10, 2019 Category: Medical Law Source Type: news

City Sues 3M, Others For Drinking Water Contamination From Firefighting Foam
CHARLESTON, S.C. - The city of Sioux Falls, S.D., on June 26 sued 3M Co. in the U.S. District Court for the District of South Carolina contending that its drinking water supply has been contaminated by the chemicals in aqueous film forming foam (AFFF) used in firefighting operations (City of Sioux Falls v. The 3M Company, et al., No. 19-1806, D. S.C.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - July 10, 2019 Category: Medical Law Source Type: news

Judge: New York May Add DuPont, Others As Parties In Firefighting Foam Case
CHARLESTON, S.C. - The federal judge in South Carolina presiding over the multidistrict litigation related to aqueous film forming foam (AFFF) products on June 20 ruled that the state of New York could amend its complaint to add defendants that include E.I. du Pont de Nemours& Co. and the United States (In re: Aqueous Film Forming Foams Products Liability Litigation, MDL No. 2873, D. S.C.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - July 10, 2019 Category: Medical Law Source Type: news

Bayer Retains 'Expert' For Glyphosate Cases As Shareholders Assert Influence
LEVERKUSEN, Germany - Bayer AG, the parent company of Monsanto Co., announced June 26 that its Supervisory Board has retained U.S. lawyer John H. Beisner for advice on trial tactics and mediation pertaining to glyphosate cancer litigation pending in the United States, while investment fund Elliott Management Corp., which holds a significant stake in Bayer, says that Beisner's appointment offers "the opportunity for an accelerated settlement with a limited financial cost." (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - July 10, 2019 Category: Medical Law Source Type: news

Cancer Victim Sues Monsanto, Says It Misrepresented Safety Of Roundup, Glyphosate
SAN FRANCISCO - A California man on June 21 sued Monsanto Co. in California federal court, contending that he has developed non-Hodgkin lymphoma (NHL) as a result of exposure to glyphosate, the active ingredient in the herbicide Roundup, which he alleges Monsanto has misrepresented as a safe product (Saul Cohen v. Monsanto Company, No. 19-3632, N.D. Calif.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - July 10, 2019 Category: Medical Law Source Type: news

Monsanto: New Trial Needed In Glyphosate Cancer Award Case Due To 'Misconduct'
OAKLAND, Calif. - Monsanto Co. on June 17 filed a brief in California state court contending that it should order a new trial in the glyphosate cancer case of a husband and wife who were awarded $2,055,206,172.77 in total damages against Monsanto. The company maintains that the plaintiffs' counsel "repeatedly engaged in prejudicial misconduct" (Alva Pilliod, et al. v. Monsanto Company, No. RG17862702, Calif. Super., Alameda Co.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - July 10, 2019 Category: Medical Law Source Type: news

Man Awarded Glyphosate Damages Says Judgment Valid Based On Causation Evidence
SAN FRANCISCO - The man who won $80,267,644.10 when a federal jury found that Roundup was a "substantial factor" in causing his cancer filed a brief in California federal court on June 14, contending that Monsanto Co.'s motion for judgment as a matter of law or a new trial should be denied because he "presented sufficient admissible scientific evidence" regarding causation and his claims are not preempted (In re: Roundup Products Liability Litigation [Hardeman v Monsanto], MDL No. 2741, No. 16-525, N.D. Calif.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - July 10, 2019 Category: Medical Law Source Type: news

Tennessee Valley Authority: Supreme Court Should Wait To Hear Clean Water Act Case
WASHINGTON, D.C. - The Tennessee Valley Authority (TVA) on June 14 filed a response brief in the U.S. Supreme Court contending that a petition for a writ of certiorari sought by environmental groups regarding the proper interpretation of the Clean Water Act (CWA) as it relates to navigable waters should be held pending the Supreme Court's decision in a similar case (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 - July 10, 2019 Category: Medical Law Source Type: news

Pipeline Appeals Mooted By Trump's Issuance Of Permit, 9th Circuit Rules
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on June 6 dismissed appeals of a judge's decision to halt work on the Keystone XL Pipeline due in part to threats to Native Americans' land and water, ruling that the challenges are now moot because President Donald Trump issued a new permit allowing pipeline construction to continue (Indigenous Environmental Network, et al. v. U.S. Department of State, et al., Nos. 18-36068, 18-36069, 19-35036, 19-35064, 19-35099, 9th Cir., 2019 U.S. App. LEXIS 17095). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - June 19, 2019 Category: Medical Law Source Type: news

Judge: Statute Of Limitations Does Not Apply To Groundwater Contamination Case
CENTRAL ISLIP, N.Y. - A federal judge in New York on June 13 denied a motion to dismiss a groundwater contamination case brought by residents against Northrop Grumman Corp., ruling that the claims are not barred by the statute of limitations (Rosalie Romano, et al. v. Northrop Grumman Corporation, No. 16-5760, E.D. N.Y., 2019 U.S. Dist. LEXIS 99435). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - June 19, 2019 Category: Medical Law Source Type: news

Florida Residents: Sugarcane Harvesting Releases Toxins Injuring People, Property
MIAMI - Residents sued several sugarcane growers in Florida federal court on June 4, contending that the companies' agricultural practices, including the pre-harvest burning of sugarcane, causes various toxins to contaminate their private land and cause health problems (Clover Coffie, et al. v. Florida Crystals Corporation, et al., No. 19-80730, S.D. Fla.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - June 19, 2019 Category: Medical Law Source Type: news

Firefighter: Aqueous Foam Defendant's Dismissal Argument Is 'Without Merit'
COLUMBUS, Ohio - 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), on June 10 filed a brief in Ohio federal court contending that the motion to dismiss filed by one of the defendants should be denied because its argument is "without merit" (Kevin Hardwick v. 3M Company, et al., No. 18-1185, S.D. Ohio). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - June 19, 2019 Category: Medical Law Source Type: news

California, New Mexico Seek Ruling That Methane Rule Repeal Was 'Unlawful'
SAN FRANCISCO - The attorneys general for the states of California and New Mexico on June 7 moved in California federal court for summary judgment declaring that the U.S. Bureau of Land Management's (BLM) decision to rescind the 2016 Waste Prevention Rule that pertains to methane flaring by hydraulic fracturing operations was "unlawful." The plaintiffs argue that the court should vacate the decision because methane flaring can release volatile organic compounds (VOCs) that cause and worsen respiratory problems (California, et al. v. Ryan Zinke, et al., No. 18-5712, N.D. Calif.). (Source: LexisNexis® Mealey's™ Em...
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - June 19, 2019 Category: Medical Law Source Type: news

Judge Fines, Holds In Contempt Landlord, Agency For Failure To Abate Lead Paint
NEW YORK - A New York state judge on June 6 fined a property management company and a New York City agency and held them in contempt for failing to remediate lead-based paint hazards in a rental property (Manuel Castillo v. Banner Group LLC, et al., No. 825/2019, N.Y. Civ., New York Co., 2019 N.Y. Misc. LEXIS 2913). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - June 19, 2019 Category: Medical Law Source Type: news

ARCO: Order Allowing Juror Interviews Should Not Be Amended In Lead Case
MILWAUKEE - The Atlantic Richfield Co. (ARCO) on June 10 filed a brief in Wisconsin federal court contending that the court should reject a motion filed by plaintiffs who won $6 million against the former makers of lead-based paint who want to amend a court order that allows the attorneys in the case to interview jurors about the verdict (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 19, 2019 Category: Medical Law Source Type: news