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Preview: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News

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Headline Emerging Toxic Torts Legal News from LexisNexis®


North Carolina County Sues DowDuPont For Contaminating Groundwater, Seeks Damages
WILMINGTON, N.C. - A county in North Carolina on Oct. 31 sued DowDuPont Inc., seeking an unspecified amount of punitive damages for allegedly contaminating the local groundwater supply by dumping toxic substances into the Cape Fear River while "assuring the EPA and state agencies that they were doing no such thing" (Brunswick County, North Carolina v. DowDuPont Inc., et al., No. 17-209, E.D. N.C.).

Amended Complaint In Flint Water Crisis Seeks Unnamed Amount Of Punitive Damages
DETROIT - A class of plaintiffs who sued Michigan Gov. Rick Snyder, members of his administration, state environmental workers, and other parties associated with the lead-contaminated water crisis in Flint, Mich., on Oct. 27 filed an amended complaint in Michigan federal court seeking an unspecified amount of punitive damages for allegedly exacerbating the crisis (In re Flint Water Cases [Luke Waid, et al. v. Richard D. Snyder, et al.], No. 16-10444, E.D. Mich.).

Glyphosate Exposure Causes Non-Hodgkin Lymphoma, Plaintiffs Say
SAN FRANCISCO - The plaintiffs in the multidistrict litigation for the herbicide Roundup on Oct. 27 filed a brief in California federal court, contending that there is "overwhelming evidence - whether it be the epidemiology, toxicology, or mechanistic data - that exposure to glyphosate-based formulations (GBFs) causes" non-Hodgkin lymphoma (NHL) (In re: Roundup Products Liability Litigation, No. 2741 MDL, N.D. Calif.).

Argentine Judge Refuses To Recognize Ecuadorian Award In Lago Agrio Case
BUENOS AIRES, Argentina - A judge in Argentina on Oct. 31 rejected and refused to recognize a $9.5 billion judgment against Chevron Corp. for remediation damages, which was handed down in an Ecuadorian court in a case brought by an attorney representing a group of residents who contend that the company injured them while conducting oil operations in the Lago Agrio region of Ecuador (Aguinda Salazar Maria, et al. v. Chevron Corporation, No. 97260/2012, Nat. Civ. Ct. No. 61, Buenos Aires, Argentina).

Judge Rejects Chevron's Request That Ecuadorian Claimants Post Security Costs
TORONTO - The Ontario Court of Appeals on Oct. 31 found that in the interests of justice, a group of Ecuadorian claimants, who are attempting to enforce a $9.5 billion environmental damage ruling in their favor, should not be required to post security costs and denied a request by Chevron Corp. and its subsidiary seeking costs (Yaiguaje v. Chevron Corporation, No. 2017 ONCA 827, Ontario App.).

Judge: Alternative Burden For Remediation Of MTBE-Tainted Water 'Not Supported'
TRENTON, N.J. - A federal judge in New Jersey on Nov. 1 denied ExxonMobil Corp.'s and ExxonMobil Oil Corp.'s motion for partial summary judgment regarding damages associated with remediation costs pertaining to groundwater contamination caused by methyl tertiary butyl ether (MTBE), concluding that the defendants' proposed alternative burden for determining proper remediation was "not supported by good cause" (New Jersey Department of Environmental Protection v. Amerada Hess Corporation, No. 15-6468, D. N.J.; 2017 U.S. Dist. LEXIS 180986).

Company: Allowing Plaintiff's Evidence At This Stage Would Be 'Highly Prejudicial'
ASHEVILLE, N.C. - A company sued for allegedly contaminating a man's groundwater supply filed a brief on Oct. 13 in North Carolina federal court, arguing that the plaintiff's "newly disclosed evidence and expert opinion" should be excluded because it would be "highly prejudicial" to allow that evidence to be admitted at this stage of the litigation (Kent Stahle v. CTS Corporation, No. 14-48, W.D. N.C.).

Plaintiffs In Groundwater Case Say Expert's Deposition Changes Should Be Permitted
GREENVILLE, Miss. - Mississippi residents who sued a company alleging that it is liable for groundwater contamination filed a brief in Mississippi federal court on Oct. 18, arguing that their expert's errata sheet testimony changes should be permitted. However, if they are not permitted, the plaintiffs' expert has offered to withdraw his changes and file a supplemental report instead (Joe E. Sledge, et al. v. Meritor Inc., et al., No. 16-CV-053, N.D. Miss.).

4th Circuit Affirms Dismissal Of Groundwater Case Against U.S. Government
RICHMOND, Va. - A panel of the Fourth Circuit U.S. Court of Appeals on Oct. 20, in an unpublished opinion, affirmed a ruling that a group of residents lacked standing to sue the U.S. Army for allegedly contaminating their groundwater supply with waste that was dumped from a military installation (Angela Pieper v. United States of America, No. 16-2035, 4th Cir.; 2017 U.S. App, LEXIS 20796).

Glass Manufacturer: Claims Of Tainted Groundwater 'Inadmissible Speculation'
PITTSBURGH - Glass manufacturer PPG Industries Inc. on Oct. 16 filed a brief in a Pennsylvania federal court, contending that "several of the Plaintiffs' purported material facts consist of inadmissible speculation" in relation to groundwater contamination claims that environmental groups have brought against the company (PennEnvironment, et al. v. PPG Industries Inc., et al., No. 12-342, W.D. Pa.).

Men Injured By Lithium Battery On Fracking Rig May Appeal Dismissal, Judge Says
OKLAHOMA CITY - A federal judge in Oklahoma on Oct. 24 ruled that two men who were injured by a lithium battery that exploded during a hydraulic fracturing operation could appeal a ruling dismissing negligence claims against the fracking companies because the order was final according to federal rules of procedure (Jacob McGehee, et al. v. Southwest Electronic Energy Corporation, et al. and Southwest Electronic Energy Corporation v. Engineered Power LP, et al., No. 15-145, W.D. Okla.).

Company: Lead Injury Case Should Be Dismissed; Plaintiff Did Not Mitigate Damages
MILWAUKEE - American Cyanamid Co., which is one of the companies being sued by plaintiffs who contend that they are liable for lead-paint poisoning, on Nov. 3 filed a brief in Wisconsin federal court responding to one of the plaintiffs' statement of facts and arguing that the claims "are barred in whole or in part due to a failure to mitigate his damages" (Glenn Burton v. American Cyanamid, et al., No. 07-0303, E.D. Wis.).

Maryland Appeals Panel Affirms Man's Damages For Lead-Paint Injuries
ANNAPOLIS, Md. - A Maryland appeals panel on Nov. 1 affirmed a trial court's ruling that awarded damages to a man who contended that he was poisoned by lead paint while living in an apartment, concluding that the evidence indicated a causal relationship between lead exposure and the injuries the plaintiff demonstrated (Stanley Sugarman, et al. v. Chauncey Liles, Jr., No. 1460, Md. Spec. App., Sept. Term 2016; 2017 Md. App. LEXIS 1091).

Power Company To Pay $22.2M To Reduce Volatile Organic Compound Emissions
DENVER - The U.S. Environmental Protection Agency on Oct. 31 announced that the federal government, state of Colorado and PDC Energy Inc. reached an agreement in Colorado federal court, wherein the company would spend $22.2 million to resolve allegations that its emissions contained excessive levels of volatile organic compounds (VOCs) that violated the Clean Air Act (United States of America, et al. v. PDC Energy, Inc., No. 17-1552, D. Colo.).

North Dakota: EPA Documents Call For Change In Cases Pertaining To Waste Disposal
WASHINGTON, D.C. - The state of North Dakota on Oct. 26 filed a notice of supplemental authority in District of Columbia federal court contending that Environmental Protection Agency Administrator Scott Pruitt has issued documents that "represent a significant change" regarding litigation pertaining to the nondiscretionary duty under the Resource Conservation and Recovery Act (RCRA) to review and, if necessary, revise regulations for wastes associated with the exploration, development or production of crude oil, natural gas or geothermal energy (Environmental Integrity Project, et al. v. Scott Pruitt, No. 17-5010, D.C. Cir.).

6th Circuit Revives Residents' Class Action Over Oil Company's Emissions
DETROIT - A class action brought by residents who claim a nearby oil company's emissions are contaminating their properties was revived by a Sixth Circuit U.S. Court of Appeals panel on Oct. 26 after it found that the plaintiffs' claims are timely because the allegedly harmful emissions have continued to occur within the last three years (Gregory Cole, et al. v. Marathon Oil Corporation, et al., No. 16-2660, 6th Cir.)

Agent Orange Injury Class Action May Proceed, Judge Says
WASHINGTON, D.C. - A judge in the U.S. Court of Federal Claims on Oct. 25 denied a motion filed by the U.S. government seeking to dismiss a class action brought by the surviving spouses of servicemen who died from injuries allegedly caused by exposure to Agent Orange (Patricia Haddock, et al. v. The United States, No. 16-1423, Fed. Clms.; 2017 U.S. Claims LEXIS 1333).

When Strategies Go Awry: Part I In A Series On Cognitive Biases And Their Impact
By Laura A. Frase We make decisions every day. With simple questions, we normally rely upon intuition, feelings, instincts or automatic reactions to make a decision (ex: do I turn left or right?). Our brains make thousands, if not millions, of these types of decisions, with seemingly little effort or analysis. "Judgment pervades human experience."1 These intellectual shortcuts save time, take less effort and allow us to choose quickly. We do not take the time, for example, to decide which foot to put forward when we walk; we decide automatically or on "gut instinct". If we fully analyzed every simple decision, we would be paralyzed and unable to function in our daily lives. We traditionally believe that we make rational and logical decisions; we "absorb information, process it, and come up with an optimal answer of solution."2 Yet, the fact that we err is undisputed. Our missteps sometimes come when we use these same intuitive shortcuts (known as heuristics) to make complex decisions, particularly when we are dealing with uncertain or unknown information. Countless qualitative studies demonstrate that our ability to analyze intricate facts or numbers is involuntarily thwarted by various cognitive, social and emotional responses which may ultimately force us toward illogical reasoning. As lawyers, we are not immune. Why, for example, do some parties reject generous offers? Why do we invest significant resources into "losing" cases? How does the first demand, even if it is outrageous, tilt negotiations? Why do our brains play these games?

6th Circuit Mediation Office Dropped From Flint Lead Crisis Whistleblower Case
CINCINNATI - The Sixth Circuit Court of Appeals on Oct. 5 announced that its Mediation Office is no longer involved in an appeal brought by a former administrator for the city of Flint, Mich., who sought damages for defamation and sought protection under the state's whistleblower act in relation to actions she took during the Flint lead-contaminated water crisis, which she contended resulted in the termination of her employment (Natasha Henderson v. City of Flint, Mich., No. 17-2031, 6th Cir.).

Parties In Flint Water Case Debate Jurisdiction Before 6th Circuit
CINCINNATI - An attorney representing employees of the Michigan Department of Environmental Quality (MDEQ) on Oct. 6 argued before a panel of the Sixth Circuit U.S. Court of Appeals that a lawsuit pertaining to the lead-contaminated water crisis in Flint, Mich., brought against the employees belongs in federal court (Tamara Nappier v. Richard Snyder, et al., No. 17-1401, 6th Cir.).

Putative Class Of 100,000 Files Flint Water Complaint In Michigan Federal Court
DETROIT - A putative class of residents and other individuals affected by the lead-contaminated water crisis in the city of Flint, Mich., on Sept. 29 filed a consolidated class action in Michigan federal court, contending that multiple state and local authorities caused a public health crisis by exposing the plaintiffs to contaminated water and exacerbated the crisis by concealing and misrepresenting its scope (In re Flint Water Cases [Luke Waid, et al. v. Richard D. Snyder, et al.], No. 16-10444, E.D. Mich.).

Monsanto: Roundup MDL Cases Fail For Lack Of Causation Between Cancer, Glyphosate
SAN FRANCISCO - Monsanto Co. on Oct. 6 moved in California federal court for dismissal of the multidistrict litigation related to the herbicide Roundup on grounds that the plaintiffs have not satisfied their burden to present expert testimony that is "scientifically reliable and relevant" and that is sufficient to prove general causation concerning whether glyphosate - the active ingredient in Roundup - is capable of causing cancer (In re: Roundup Products Liability Litigation, No. 2741 MDL, N.D. Calif.).

Judge: Motion Redacted To Protect 'Vulnerabilities' In Tainted Groundwater Case
CHARLESTON, W.Va. - A federal judge in West Virginia on Sept. 26 ruled that portions of a motion to exclude expert testimony in a groundwater contamination lawsuit should be redacted because the document contains information that "substantially risks exposing vulnerabilities" in the water supply system and the means by which the water company which is the defendant in the lawsuit would respond to an attack on the system (Crystal Good, et al. v. American Water Works Co. Inc., No. 14-1374, S.D. W.Va.).

Groundwater Plaintiffs Lack 'Sufficient Evidence' To Show Standing, Company Says
TRENTON, N.J. - NL Industries Inc. on Sept. 29 filed a brief in New Jersey federal court arguing that the environmental groups that sued it for allegedly contaminating groundwater "still have not produced sufficient evidence to establish that they have standing" after more than eight years of litigation (Raritan Baykeeper Inc., et al. v. NL Industries Inc., et al., No. 09-4117, D. N.J.).

Plaintiff: Protective Order Needed In Water Lawsuit; Depositions 'Thwart' Rights
SANTA ANA, Calif. - One of the plaintiffs in a chemical injury and groundwater contamination lawsuit against Pacific Gas & Electric (PGE) on Oct. 2 filed a memorandum of points and authorities supporting a request for a protective order, arguing that the company and its attorney are liable for "unjustifiable acts" because their attempt to take oral depositions is designed to "thwart" the plaintiffs' rights to "justice, due process of law and constitutional protection" (Barbara A. Vinson v. Pacific Gas & Electric Company, No. 16-514, C.D. Calif.).

Judge OKs $1.09M Deal For Remediation, Future Costs Due To Tainted Groundwater
FRESNO, Calif. - A federal judge in California on Oct. 13 ruled that a $1.09 million settlement in a lawsuit involving the release of perchloroethylene (PCE) into the groundwater supply was "fair and equitable" because it will provide remediation and future oversight costs for an area that was contaminated by a dry-cleaning business (Viola Coppola, et al. v. Gregory Smith, et al., No. 11-cv-01257, E.D. Calif.; 2017 U.S. Dist. LEXIS 170002).

Court Should Deny Company's Attempt To Exclude Evidence In Benzene Case, Man Says
ASHEVILLE, N.C. - A North Carolina man who sued a company for allegedly contaminating his groundwater with benzene filed a brief Oct. 6 in North Carolina federal court opposing the company's motion in limine to exclude newly discovered evidence. The man argues that the disclosure of the allegedly "new" evidence is not new and it is "substantially justified" (Kent Stahle v. CTS Corporation, No. 14-48, W.D. N.C.).

Company: Battery Maker Has Duty To Indemnify In Fracking Injury Lawsuit
OKLAHOMA CITY - A hydraulic fracturing company on Oct. 9 filed a brief in an Oklahoma federal court arguing that the company that made a lithium battery pack that exploded on a fracking rig and injured a worker has a direct duty under Oklahoma law to indemnify the fracking operator because the explosion was caused by an allegedly defective design (Jacob McGehee, et al. v. Southwest Electronic Energy Corporation, et al. and Southwest Electronic Energy Corporation v. Engineered Power LP, et al., No. 15-145, W.D. Okla.).

Company May Not Avoid Risk-Contribution In Lead Paint Case, Plaintiffs Say
MILWAUKEE - The plaintiffs suing the former makers of lead-based paint on Oct. 6 filed a brief in Wisconsin federal court contending that it should not permit one of the defendants, American Cyanamid Co., "to end run around the established law of risk-contribution by repackaging arguments that have already been rejected by the Wisconsin Supreme Court and the Seventh Circuit" (Glenn Burton v. American Cyanamid, et al., No. 07-0303, E.D. Wis.).

Plaintiffs: Alter-Ego Theory Of Liability Applies To Lead Injury Lawsuit
ST. LOUIS - A group of plaintiffs who contend that a lead-smelting company is liable for personal injuries and groundwater contamination from lead at a mining facility in Peru on Oct. 2 filed a brief in Missouri federal court opposing a motion to dismiss that was filed by companies that are non-Missouri defendants. The plaintiffs contend that an alter-ego theory of liability imposes jurisdiction over the non-Missouri defendants (J.Y.C.C., et al. v. Doe Run Resources Corporation, et al., No. 15-1704 [consolidated], E.D. Mo.).

Justice Rules Lead-Paint Case Against Landlord Is Viable
NEW YORK - A New York justice on Oct. 2 ruled that a man who alleges that his former landlord is liable for injuries caused by his exposure to lead-based paint has a viable case, but the justice dismissed a third-party action filed by the landlord, who contended that the plaintiff's elevated blood-lead levels were caused by lead hazards at a separate premises (Christopher Brown v. Wendy Webb-Weber, No. 159252/2014, and Wendy Webb-Weber v. Steven Thau, No. 595628/2016, N.Y. Sup., New York Co.; 2017 N.Y. Misc. LEXIS 3754).

At Risk: Our Nation's Drinking Water Supply
By Susan E. Smith and George H. Buermann The fragile state of the United States drinking water system is making waves (and headlines) across the country. The public drinking water systems in Flint, Michigan; Fresno, California; Corpus Christie, Texas; St. Joseph, Louisiana; East Chicago, Indiana; and Hoosick Falls, New York-to name a few-have experienced disruptions in the past several years due to combinations of infrastructure problems and intrusion of potentially toxic contaminants. The events in Flint, Michigan put a spotlight on the issue, and it has since become clear that the problems go far beyond just that one community. How our water authorities obtain, treat, and distribute drinking water, and what is in the water before and after treatment, is capturing national attention. The National Primary Drinking Water Regulations address ninety different chemicals, microorganisms, and radioactive isotopes that are subject to exposure limits on the basis of U.S. Environmental Protection Agency (EPA) risk assessments.1 Concerns about contamination are focused on both regulated contaminants and emerging and unregulated contaminants. The broad array of substances that exist in drinking water would surprise most of us. That colorless, odorless H20 is anything but simply H20.

6th Circuit Denies Rehearing En Banc Requested By City In Flint Water Crisis Case
CINCINNATI - A panel of the Sixth Circuit U.S. Court of Appeals on Sept. 21 denied a petition filed by the city of Flint, Mich., seeking a rehearing en banc of the Circuit Court's decision reversing and remanding two lawsuits brought in relation to the lead-contaminated water crisis in that city (Beatrice Boler, et al. v. Darnell Earley, et al., No. 16-1684 and Melissa Mays, et al. v. Rick Snyder, et al., No. 17-1144, 6th Cir.).

Flint Defendants: Discovery Request 'Procedurally Deficient'; Should Be Quashed
DETROIT - A group of defendants in the consolidated litigation involving the lead-contaminated water crisis in the city of Flint, Mich., on Sept. 28 moved to quash the plaintiffs' requests for production of documents, contending that the plaintiffs' requests are "procedurally deficient" (In re Flint Water Cases [Luke Waid, et al. v. Richard D. Snyder, et al.], No. 16-10444, E.D. Mich.).

City Of Flint Fertility Rates 'Decreased Substantially' After Water Source Change
LAWRENCE, Kan. - Two researchers released a study on Aug. 7 in which they conclude that general fertility rates in the city of Flint, Mich., "decreased substantially" following the decision to switch the city's source of drinking water, which allowed the supply to become contaminated with lead. At the same time, the researchers say their data indicated that "health outcomes displayed mixed results."

Monsanto Denies More Claims In Roundup MDL, Says Glyphosate Injury Lawsuit Fails
SAN FRANCISCO - Monsanto Co., which is being sued in the multidistrict litigation in California federal court related to the herbicide Roundup, on Sept. 26 filed an answer to one of the individual cases, denying all liability (In re: Roundup Products Liability Litigation [Frederick Johnson v. Monsanto Co., No. 17-5160], No. 2741 MDL, N.D. Calif.).

Man, Companies Reach $5M Deal On Claims He Suffered From 'Popcorn Lung'
ST. JOSEPH, Mo. - A Missouri man and two companies that make artificial butter flavoring for microwave popcorn reached a $5 million settlement in a lawsuit the man brought alleging that he suffered from a bronchial disease commonly referred to as "popcorn lung," a source told Mealey Publications on Sept. 21 (George W. Giles v Carmi Flavor & Fragrance Corp., et al., No. 13-BU-CV05632-01, Mo. Cir., Buchanan Co.).

Judge Dismisses 248 Plaintiffs In Groundwater Case For Missing Deadlines
HATTIESBURG, Miss. - A federal judge in Mississippi on Sept. 25 adopted a report from a magistrate judge in a groundwater contamination lawsuit and dismissed 248 plaintiffs who had not complied with a case management order (CMO) despite the deadline being extended multiple times (Dorothy Abner, et al. v. Hercules Inc., et al., No. 14-63, S.D. Miss.; 2017 U.S. Dist. LEXIS 156208).

Limitations Period Has Expired On Claim Of Tainted Groundwater, Company Says
NEW YORK - Northrop Grumman Corp. on Sept. 18 filed a brief in the Second Circuit U.S. Court of Appeals arguing that an amicus brief filed by parties interested in a groundwater contamination lawsuit is premised on "a fundamental misconception" regarding the limitations period for tort claims (Bethpage Water District v. Northrop Grumman Corporation, et al., No. 16-2592, 2nd Cir.).

Preliminary Approval Of $151M Groundwater Contamination Settlement Granted By Judge
CHARLESTON, W.Va. - A federal judge in the U.S. District Court for the Southern District of West Virginia on Sept. 21 granted preliminary approval to a $151 million class settlement between a water company and residents who contended that it had contaminated their groundwater with 4-Methylcyclohexanemethanol (MCHM) (Crystal Good, et al. v. American Water Works Co. Inc., No. 14-1374, S.D. W.Va.).

Judge Remands Groundwater Case To Alabama State Court; Joinder Not Fraudulent
BIRMINGHAM, Ala. - A federal judge in Alabama on Sept. 25 remanded a groundwater contamination lawsuit to state court on grounds that the defendants failed to meet their burden establishing federal jurisdiction and did not establish that a local party was fraudulently joined to the case (Waters Works and Sewer Board of Gadsden v. 3M Company, et al., No. 16-1755, N.D. Ala.; 2017 U.S. Dist. LEXIS 156272).

Judge Approves $10.32M Deal Between EPA, Smelter Operators To Pay Cleanup Costs
TULSA, Okla. - A federal judge in Oklahoma on Sept. 26 approved a consent decree in which two companies will pay a combined $10,323,727 to the U.S. Environmental Protection Agency and the state of Oklahoma for remediation costs associated with lead and zinc contamination of soil and groundwater (United States of America, et al. v. Doe Run Resources Corporation, et al., No. 15-CV-0663-CVE-TLW, N.D. Okla.; 2017 U.S. LEXIS 157505).

Court Should Not Allow Late Evidence, Expert Report In Benzene Case, Company Says
ASHEVILLE, N.C. - A company sued for allegedly contaminating a North Carolina man's groundwater on Sept. 22 filed a brief in North Carolina federal court arguing that the court should not allow the plaintiff to introduce evidence and witness testimony that has been filed months after deadlines established by the court and procedural rules (Kent Stahle v. CTS Corporation, No. 14-48, W.D. N.C.).

Chemical Injury Plaintiff Must Testify, Company Says; Motion To Compel Filed
SANTA ANA, Calif. - Pacific Gas & Electric Co. (PGE) on Sept. 27 moved to compel one of the plaintiffs in a chemical injury and groundwater contamination lawsuit against company to appear for an oral deposition, contending that the woman is obligated to be present and faces sanctions for having failed to attend at her initial deposition without first obtaining a protective order (Barbara A. Vinson v. Pacific Gas & Electric Company, No. 16-514, C.D. Calif.).

Lack Of Expert Evidence Dooms Man's Injury Suit Over Oil Dispersant Exposure
BIRMINGHAM, Ala. - A federal judge in Alabama on Sept. 25 awarded summary judgment to BP Exploration & Production Inc. after finding that a man's failure to produce expert evidence linking his exposure to chemical dispersants used during cleanup activities following the oil spill in the Gulf of Mexico that occurred after the explosion of the Deepwater Horizon was fatal to his suit (Robert James Townsend v. BP Exploration & Production, Inc., et al., No. 16-CV-301, N.D. Ala., 2017 U.S. Dist. LEXIS 156252).

Statute-Of-Limitations Claim Viable In Lead Paint Case, Judge Rules
HAMMOND, Ind. - A federal judge in Indiana on Sept. 29 partially dismissed a lead-paint injury lawsuit, ruling that a city housing authority and some paint industry defendants were not liable, but that some claims remained against E.I. du Pont de Nemours & Co. (Lashawnda Walker v. City of East Chicago, Ind., et al., No. 16-367, N.D. Ind.; 2017 U.S. Dist. LEXIS 160729).

Judge Adopts Ruling Allowing Portland's Public Nuisance Claim Against Monsanto
PORTLAND, Ore. - A federal judge in Oregon on Sept. 22 adopted a magistrate judge's April 18 ruling allowing the city of Portland to pursue a public nuisance claim against Monsanto Co. over polychlorinated biphenyl (PCB) contamination, holding that the city is not required to own property to allege that it has suffered a special injury (City of Portland v. Monsanto Company, et al., No. 16-cv-01418-PK, D. Ore., 2017 U.S. Dist. LEXIS 156370).