Subscribe: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News
http://feeds.feedburner.com/EmergingToxicTortsLegalNews
Added By: Feedage Forager Feedage Grade B rated
Language: English
Tags:
case  court  district  federal court  federal  filed  groundwater contamination  groundwater  jan  judge  litigation  mich  water 
Rate this Feed
Rate this feedRate this feedRate this feedRate this feedRate this feed
Rate this feed 1 starRate this feed 2 starRate this feed 3 starRate this feed 4 starRate this feed 5 star

Comments (0)

Feed Details and Statistics Feed Statistics
Preview: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News



Headline Emerging Toxic Torts Legal News from LexisNexis®



 



U.S. Supreme Court Justice Grants Lago Agrio Parties Extension To File Petition
WASHINGTON, D.C. - U.S. Supreme Court Justice Ruth Bader Ginsburg on Jan. 19 granted an extension for time to file a petition for writ of certiorari for a group of Ecuadorian residents and their attorney who challenge a fraud ruling with regard to an $18.5 billion judgment they previously won against Chevron Corp. (Steven Donziger, et al. v. Chevron Corporation, No. 16A686, and Hugo Gerardo Camacho Naranjo v. Chevron Corporation, No. 16A714, U.S. Sup.).



4 More Cancer Cases Against Monsanto Transferred To Roundup MDL
WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation on Jan. 31 issued a conditional transfer order sending four glyphosate injury cases to the multidistrict litigation in the U.S. District Court for the Northern District of California, adding still more cases in which the plaintiffs allege that their exposure to the Roundup herbicide caused them to develop non-Hodgkin lymphoma (NHL) (In Re: Roundup Products Liability Litigation, No. 2741, JPMDL).



Professor, University: Glyphosate Documents Sought By Monsanto Are Confidential
SAN FRANCISCO - A professor and the university where she teaches filed a brief in California federal court on Jan. 12 contending that documents that were subpoenaed related to research on injuries allegedly caused by glyphosate exposure are property of the World Health Organization (WHO) and neither the professor nor the university are permitted to disclose them (In Re: Roundup Products Liability Litigation, MDL No. 2741, N.D. Calif.).



Louisiana Couple Says Monsanto Fraudulently Concealed Danger Related To Glyphosate
NEW ORLEANS - A Louisiana couple on Jan 31 filed a lawsuit against Monsanto Co. in Louisiana federal court, contending that the company's negligence and fraud led to the wife's exposure to glyphosate, the active ingredient in Roundup herbicide, and caused her to develop cancer (Bennierita Smith, et al. v. Monsanto Company, No. 17-844, E.D. La.).



Canadian Court: Lago Agrio Plaintiffs' Damages Claim 'Cannot Succeed'
TORONTO - A Canadian court on Jan. 20 dismissed a claim against Chevron Canada by plaintiffs who sought to recover damages that were handed down in a ruling by an Ecuadorean court related to injuries sustained from an oil rig explosion (Yaiguaje v. Chevron Corporation, No. CV-12-9808-00CL, Ontario Super.).



C8 Plaintiff: Damages Phases Of Trial Against DuPont Should Not Be Bifurcated
COLUMBUS, Ohio - A man who sued E.I. du Pont de Nemours and Co. for alleged injuries connected to exposure to perfluorooctanoic acid (known as C8) on Jan. 24 filed a brief in Ohio federal court arguing that every argument asserted by the company for bifurcating the compensatory and punitive damages phases of trial has previously been rejected by the court (In re E.I. du Pont de Nemours and Co. C8 Personal Injury Litigation, MDL No. 2433, No. 13-2433, S.D. Ohio).



DuPont: C8 Lawsuit Should Be Dismissed With Prejudice; Claims Are Barred
COLUMBUS, Ohio - E.I. du Pont de Nemours and Co. on Feb. 1 answered a complaint filed in the perfluorooctanoic acid (known as C8) injury multidistrict litigation, arguing that the case should be dismissed with prejudice in its entirety on grounds that the claims are barred because the plaintiff assumed a risk and/or was contributorily negligent (In re E.I. du Pont de Nemours and Co. C8 Personal Injury Litigation, MDL No. 2433, No. 13-2433, S.D. Ohio).



Residents Seek $722.4 Million In Damages From EPA For Flint, Mich., Water Crisis
DETROIT - A group of Flint, Mich., residents on Jan. 30 filed a lawsuit against the U.S. government, seeking $722.4 million for the Environmental Protection Agency's alleged mishandling of the lead-contaminated water crisis in Flint (Jan Burgess, et al. v. United States of America, No. 17-10291, E.D. Mich.).



Residents: Water Crisis Defendants' Evidence Does Not Call For Ending Injunction
DETROIT - Plaintiffs who sued Michigan state officials in the U.S. District Court for the Eastern District of Michigan on Jan. 26 filed a brief arguing that the state defendants' submissions of supplemental evidence does not support their claim that the Flint, Mich., Water System is complying with monitoring and corrosion control requirements that are part of federal regulations (Concerned Pastors for Social Action, et al. v. Nick A. Khouri, et al., No. 16-10277, E.D. Mich.).



Company: Flint Water Case Should Be Dismissed; Pleading Requirements Not Met
DETROIT - A group of consultants sued by Michigan residents who contend that they share liability for the lead-contaminated water crisis in Flint, Mich., on Jan. 23 filed a brief in Michigan federal court supporting their motion to dismiss the lawsuit on grounds that the plaintiffs "fail to meet the basic requirement of establishing who did what" (Luke Waid, et al. v. Gov. Richard D. Snyder, et al., No. 16-10444, E.D. Mich.).



Michigan Law Requires Agencies To Notify Residents When Water Exceeds Lead Standards
LANSING, Mich. - As part of public health improvements proposed in response to the lead water crisis in Flint, Mich., Gov. Rick Snyder on Jan. 6 signed a bill that requires the agencies that supply drinking water to municipalities to notify local residents within three business days when their drinking water is not in compliance with state standards for lead.



Water District: MTBE Damages Properly Disclosed; Expert Is Qualified To Testify
SANTA ANA, Calif. - A California water district filed a brief in California federal court on Jan. 25 defending the qualifications of one of its experts to testify in a groundwater contamination case involving methyl tertiary butyl ether (MTBE). The water district also contends in a separate brief that its claim for $34 million in damages "will be amply supported" by the testimony provided (Orange County Water District v. Unocal Corporation, et al., No. 03-1742, C.D. Calif.).



Company: Rhode Island Fails To Establish Jurisdiction In MTBE Contamination Case
PROVIDENCE, R.I. - One of the chemical companies sued by Rhode Island for allegedly contaminating the state's drinking water supply with methyl tertiary butyl ether (MTBE) on Jan. 11 moved in Rhode Island federal court to dismiss the lawsuit on that grounds personal jurisdiction does not exist (State of Rhode Island v. Alon Refining Krotz Springs, No. 16-495, D. R.I.).



Monsanto: Port Of Portland PCB Lawsuit Based On 'Insufficient Facts'
PORTLAND, Ore. - Monsanto Co. and two of its affiliates on Jan. 27 filed a brief in Oregon federal court contending that a district court should dismiss the Port of Portland's lawsuit alleging groundwater contamination from polychlorinated biphenyls (PCBs) on grounds that the allegations are barred by the state's product liability statute and there are "insufficient facts alleged to sustain a cognizable legal theory" (Port of Portland v. Monsanto Co., et al., No. 17-15, D. Ore.).



Judge Denies Lone Pine Order In Tainted Groundwater Case Against Johnson Controls
SOUTH BEND, Ind. - A federal judge in Indiana on Jan. 25 denied a company's motion seeking a case management order referred to as a Lone Pine order in a trichloroethylene (TCE) groundwater contamination case, concluding that such an order should be used only in "exceptional cases" (Amos Hostetler, et al. v. Johnson Controls Inc., No. 15-226, N.D. Ind.; 2017 U.S. Dist. LEXIS 10006).



Judge: Separate Trial Not Warranted In Case About Water Contamination
PITTSBURGH - A federal judge in Pennsylvania on Jan. 23 denied a motion by a third-party defendant seeking to try third-party claims separately in a case where two environmental advocacy groups sued a glass manufacturer for groundwater contamination, finding that the third-party defendant did not show that separate trials were necessary (PennEnvironment, et al. v. PPG Industries Inc., et al., No. 12-342, W.D. Pa.; 2017 U.S. Dist. LEXIS 8683).



Judge: Report 'Sufficiently Reliable' As Evidence In Tainted Groundwater Case
CHICAGO - A federal judge in Illinois on Jan. 25 ruled that an expert opinion provided by a village that sued two companies alleging groundwater contamination from vinyl chloride that leaked into the water system was "sufficiently reliable," and he refused to exclude it from evidence (Village of Sauk Village v. Roadway Express Inc., et al., No. 15-9183, N.D. Ill.; 2017 U.S. Dist. LEXIS 10478).



Judge: 2 Claims Remain Valid In Florida Groundwater Contamination Lawsuit
FORT MYERS, Fla. - A federal judge in Florida on Feb. 3 dismissed many claims against the Florida Department of Environmental Protection (FDEP) and two companies alleged to have contaminated local groundwater, but the judge said that two causes of action remained against Hercules Inc. (Noel D. Clark Jr., et al. v. Ashland Inc., No. 13-794, M.D. Fla.).



New Jersey Governor, School: Case Alleging Lead-Tainted Drinking Water Fails
TRENTON, N.J. - New Jersey Gov. Chris Christie, members of his administration and the State-Operated School District of the City of Newark, N.J., on Jan. 30 filed two briefs in New Jersey federal court arguing that the lawsuit brought by residents who contend that the state and the school district are liable for lead-contaminated drinking water in the school district should be dismissed for lack of standing and failure to state a claim (Veronica Branch, et al v. Chris Christie, et al., No. 16-2467, D. N.J.).



Panel Dismisses Lead Poisoning Case Because Defendants Didn't Own Premises
NEW YORK - A New York appeals panel on Jan. 31 reversed a trial court's ruling and said a lead-poisoning complaint brought against multiple defendants should be dismissed because the evidence shows that none of the defendants owned the property in question when the plaintiffs lived there (Arelie F., et al. v. Cathedral Properties LLC, et al., No. 2914, 350662/09, N.Y. Sup., App. Div., 1st Dept., 2017 N.Y. App. Div. LEXIS 585).



Judge Affirms Denial Of Agent Orange Benefits For Veteran's Daughter
WASHINGTON, D.C. - A federal judge in the U.S. Court of Appeals for Veterans Claims on Jan. 30 affirmed a Board of Veterans Appeals ruling that denied education benefits to the daughter of a veteran who died from heart disease caused by exposure to Agent Orange, concluding that the board did not fail its "duty to assist" (Torie S. Garrett v. Robert D. Snyder, No. 15-2724, U.S. App., Vet. Clms., 2017 U.S. App. Vet. Claims LEXIS 77).



Widow's Benefits Claim Related To Husband's Agent Orange Exposure Denied
WASHINGTON, D.C. - A federal judge in the U.S. Court of Appeals for Veterans Claims on Jan. 26 ruled that a veteran's widow failed to show that the Board of Veterans Appeals (the Board) erred when it denied her claim for benefits related to her late husband's death from cancer, which she claimed was connected to his exposure to Agent Orange (Diana L. Moczynski v. Robert D. Snyder, No. 15-3737, Vet. Clms., 2017 U.S. App. Vet. Claims LEXIS 59).



2nd Circuit Says Insured's Notice Of Environmental Claims Was Not Timely
NEW YORK - The Second Circuit U.S. Court of Appeals on Jan. 27 affirmed that two insurers in an environmental contamination coverage dispute did not waive their right to assert a late-notice defense because the insured's notice of the underlying environmental claims was not timely (Travelers Indemnity Co., et al. v. Northrop Grumman Corp., et al., No. 15-3117, 2nd Cir., 2017 U.S. App. LEXIS 1471).



Jury Awards $10.5M In Punitive Damages To Man Injured By C8 From DuPont Plant
COLUMBUS, Ohio - A jury in the U.S. District Court for the Southern District of Ohio on Jan. 5 awarded a man $10.5 million in punitive damages plus attorney fees against E.I. du Pont de Nemours and Co. for cancer he said he had developed as a result of exposure to perfluorooctanoic acid (known as C8) (In re E.I. du Pont de Nemours and Co. C8 Personal Injury Litigation, MDL No. 2433, No. 13-2433, S.D. Ohio).



Judge In DuPont C8 Case Rules Cancer Phobia Damages Valid; Some Experts Excluded
COLUMBUS, Ohio - The judge presiding over the multidistrict litigation against E.I. du Pont de Nemours and Co. for alleged injuries connected to exposure to perfluorooctanoic acid (known as C8) on Jan. 10 issued a group of orders pertaining to punitive damages, damages related to cancer phobia and the admissibility of expert testimonies (In re E.I. du Pont de Nemours and Co. C8 Personal Injury Litigation, MDL No. 2433, No. 13-2433, S.D. Ohio).



Monsanto Misrepresented Safety Of Roundup, Man Says; Exposure Resulted In Cancer
DENVER - A Colorado man on Jan. 6 filed a lawsuit against Monsanto Co. in the U.S. District Court of the District of Colorado, alleging that he developed non-Hodgkin lymphoma (NHL) from exposure to glyphosate, the active ingredient in the herbicide Roundup, and that the company knowingly misrepresented that the product was safe (John Holm v. Monsanto Co., No. 17-56, D. Colo.).



Monsanto Co. Denies Exposure To Roundup Could Have Caused Man's 'Alleged' Cancer
SAN FRANCISCO - Monsanto Co. on Jan. 6 filed an answer in one of the cases that is part of the multidistrict litigation pending in California federal court related to injuries allegedly caused by Roundup, denying that exposure to the herbicide "did or could have caused" the plaintiff's "alleged" non-Hodgkin's lymphoma (NHL) (In Re: Roundup Products Liability Litigation, MDL No. 2741, N.D. Calif.).



3 Glyphosate Injury Cases Transferred To Roundup Products Liability MDL
WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation (JPMDL) on Jan. 6 transferred three more glyphosate-injury lawsuits to the Roundup products litigation MDL pending in the U.S. District Court for the Northern District of California (In Re: Roundup Production Liability Litigation, MDL No. 2741, JPMDL).



Defendants In Flint Water Crisis Case Say Injunction Should Be Dissolved
DETROIT - State officials on Jan. 6 filed a brief in the U.S. District Court for the Eastern District of Michigan contending that it should dissolve a preliminary injunction that ordered the officials to provide door-to-door delivery of bottled water to the residents of Flint, Mich., arguing that there is no legal basis for the District Court to exercise jurisdiction over the defendants (Concerned Pastors for Social Action, et al. v. Nick A. Khouri, et al., No. 16-10277, E.D. Mich.).



Employees: Venue For Flint Water Case Should Be Changed On Constitutional Grounds
DETROIT - Employees with the Michigan Department of Environmental Quality (MDEQ) on Dec. 30 filed a brief in Michigan federal court, contending that the plaintiffs who sued them for injuries connected to the lead-contaminated water crisis in Flint, Mich., "fail to recognize that the MDEQ Defendants rely primarily on constitutional grounds in support of their request to change venue" and that those rights "trump statutory law" (Myia McMillian, et al. v. Governor Richard D. Snyder, et al., No. 16-10796, E.D. Mich.).



Company: Residents Should Return Privileged Documents In Tainted Groundwater Case
GREENVILLE, Miss. - The company sued by a group of residents seeking damages for personal injuries and groundwater contamination caused by hexavalent chromium and trichloroethylene (TCE) on Dec. 23 filed a brief in Mississippi federal court contending that the plaintiffs should return privileged documents that were obtained through a bankruptcy asset sale because the company did not forfeit its privileges to them (Joe E. Sledge, et al. v. Meritor Inc., et al., No. 16-CV-053, N.D. Miss.).



Judge: Testimonies Relevant To Groundwater Claim; Motion To Exclude Denied
HATTIESBURG, Miss. - A federal judge in Mississippi on Jan. 3 denied a motion to exclude two experts for Hercules Inc. in a groundwater contamination lawsuit, ruling that their respective testimonies were relevant to the issue of health risks posed by the alleged contamination (Lee Hollingsworth, et al. v. Hercules Inc., No. 15-113, S.D. Miss.; 2017 U.S. Dist. LEXIS 299).



Groundwater Contamination Cost Recovery Suit Not Time-Barred, Judge Says
GRAND RAPIDS, Mich. - A federal judge in Michigan on Jan. 6 denied a motion for summary judgment in a cost recovery lawsuit for groundwater contamination allegedly caused by a landfill, ruling that the case was not barred by a statute of limitations (Charter Township of Lansing, et al. v. Lansing Board of Water and Light, No. 14-514, W.D. Mich.; 2017 U.S. Dist. LEXIS 2280).



Chevron: Decision By 9th Circuit Supports Its Claim That Class Status Not Proper
SAN FRANCISCO - Chevron Corp. on Jan. 10 filed a brief in California federal court contending that a recent decision handed down by the Ninth Circuit U.S. Court of Appeals supports its contention that a proposed class representing Nigerian residents who contend that they have been injured as a result of an oil rig explosion should not be granted class status because the plaintiffs do not meet the criteria for certification (Natto Iyela Gbarabe v. Chevron Corporation, No. 14-173, N.D. Calif.).



Lead-Poisoning Case Arises From 'Misinterpretation' Of Water Tests, School Says
TRENTON, N.J. - The State-Operated School District of the City of Newark, N.J., on Dec. 27 filed a brief in New Jersey federal court arguing that the lead-poisoning lawsuit brought against it by a group of residents should be dismissed because the claims "arise out of their misinterpretation of test results" related to water sources in the school district that tested positive for lead (Veronica Branch, et al v. Chris Christie, et al., No. 16-2467, D. N.J.).



EPA Proposes Ban On Trichloroethylene, Cites 'Unreasonable Risks' To Health
WASHINGTON, D.C. - The U.S. Environmental Protection Agency on Jan. 11 advertised in the Federal Register a proposed rule to prohibit the manufacture, import, processing and distribution of trichloroethylene (TCE), a volatile organic compound used in industrial and commercial processes, due to "unreasonable risks" to health.



Attorney General Charges 4 Employees With Felonies For Flint, Mich., Water Crisis
LANSING, Mich. - Michigan Attorney General Bill Schuette on Dec. 20 charged four people with felonies in connection with the lead-contaminated drinking water crisis in Flint, Mich., saying all four were liable for conspiracy to commit false pretenses and two were guilty of committing misconduct and willful neglect of duty in office.



Flint Committee: $279.8M Ought To Be Used For Water Upgrades, Not Climate Change
WASHINGTON, D.C. - The House Committee on Oversight and Governmental Reform on Dec. 16 concluded its investigation into the lead-contaminated water crisis in Flint, Mich., and recommended that the House Committee on Appropriations reconsider allocating more than $279.8 million to the U.S. Environmental Protection Agency for work on climate change so that money could be used to upgrade the nation's drinking water systems to protect people from lead.



Flint, Mich., Residents: Agency Director Admitted Violations In Lead Water Crisis
DETROIT - Michigan residents who have sued Michigan Gov. Rick Snyder and other state officials for the lead-contaminated drinking water crisis in Flint, Mich., filed a brief on Dec. 21, arguing that the former director of the Michigan Department of Environmental Quality (MDEQ) "cannot seek refuge behind a shield of immunity" (Luke Waid, et al. v. Gov. Richard D. Snyder, et al., No. 16-10444, E.D. Mich.).



Glyphosate Injury Case Related To Monsanto's Roundup Moved To MDL
WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation on Dec. 21 transferred another glyphosate injury lawsuit to the multidistrict litigation in the U.S. District Court for the Northern District of California, adding another case in which the plaintiff alleges that his exposure to the Roundup herbicide caused him to develop non-Hodgkin's lymphoma (NHL) (In Re: Roundup Products Liability Litigation, No. 2741, JPMDL).



Professor, University: Health Agencies Ordered Them To Withhold Documents
SAN FRANCISCO - A professor and the university where she teaches filed a brief in California federal court on Dec. 6, contending that two international health agencies instructed them to withhold documents that were the subject of a subpoena filed by Monsanto Co. in litigation brought by a man who contends that he has been injured by exposure to the herbicide Roundup, which the company manufactures (In Re: Roundup Products Liability Litigation, MDL No. 2741, N.D. Calif.).



Ohio Man Sues Monsanto, Says His Cancer Was Caused By Exposure To Roundup
COLUMBUS, Ohio - An Ohio man on Nov. 18 sued Monsanto Co. in Ohio federal court contending that the company fraudulently concealed the dangers of its herbicide Roundup, which contains glyphosate, and that he developed cancer as a result (Craig R. Butsch v. Monsanto Co., No. 16-1112, S.D. Ohio).



Jury Awards $2M To Man Who Sued DuPont For Cancer Related To C8 Exposure
COLUMBUS, Ohio - A jury in Ohio on Dec. 21 awarded $2 million to a man who had sued E.I. du Pont de Nemours and Co. seeking damages for cancer he said he had developed as a result of exposure to perfluorooctanoic acid (known as C8) (In re E.I. du Pont de Nemours and Co. C8 Personal Injury Litigation, MDL No. 2433, No. 13-2433, S.D. Ohio).



Oil Companies: Rhode Island's MTBE Lawsuit Fails To 'Allege Causation Required'
PROVIDENCE, R.I. - A group of oil refining and gasoline companies on Dec. 15 filed a joint brief in Rhode Island federal court contending that the state's lawsuit alleging that the companies are liable for contaminating the state's groundwater with methyl tertiary butyl ether (MTBE) should be dismissed because the state "insufficiently alleges" standing and "fails to allege the causation required" for its claims (State of Rhode Island v. Alon Refining Krotz Springs, No. 16-495, D. R.I.).



Judge: Vermont's Standard For Drinking Water Not 'Essential' To Contamination Case
RUTLAND, Vt. - A federal judge in Vermont on Dec. 28 denied a motion to dismiss a groundwater contamination lawsuit against a plastics manufacturer, ruling that a dispute over the state's groundwater contamination standards was not "essential" to the case (James D. Sullivan, et al. v. Saint-Gobain Performance Plastics Corporation, No. 16-125, D. Vt.; 2016 U.S. Dist. LEXIS 180405).



Judge Refuses To Reconsider Dismissal Of New Jersey Agency In Groundwater Case
TRENTON, N.J. - A federal judge in New Jersey on Dec. 20 refused to reconsider his previous ruling that dismissed the New Jersey Turnpike Authority (NJTA) from a lawsuit brought by environmental groups who had contended that the authority and the New Jersey Department of Transportation (NJDOT) were liable for discharging chemicals into the groundwater (Raritan Baykeeper Inc., et al. v. NL Industries Inc., et al., No. 09-4117, D. N.J.).



Judge Rules Sanctions In Groundwater Contamination Case Not Warranted
SOUTH BEND, Ind. - A federal judge in Indiana on Dec. 22 denied a couple's motion for sanctions against a company for allegedly making false statements and denying the existence of evidence as part of a groundwater contamination lawsuit, concluding that "the motion is not well-taken" (Amos Hostetler, et al. v. Johnson Controls Inc., No. 15-226, N.D. Ind.).



Chevron: Photos Should Not Be Admitted Into Evidence In Oil Rig Explosion Case
SAN FRANCISCO - Chevron Corp., which is being sued by Nigerian residents who contend that they have been injured as a result of an oil rig explosion, on Dec. 20 filed a brief in California federal court, arguing that the plaintiffs' motion to add photographs into evidence and file them under seal should be denied because they have not shown good cause to supplement the record (Natto Iyela Gbarabe v. Chevron Corporation, No. 14-173, N.D. Calif.).



Company: Plaintiffs Lack Standing To Bring Case For Lead Poisoning
ST. LOUIS - The Doe Run Resources Corp. on Dec. 21 filed an answer in Missouri federal court, arguing that a group of residents who contend that the company is liable for personal injuries and groundwater contamination from lead at a mining facility in Peru lack standing to bring their claim (Chris Collins, et al. v. Doe Run Resources Corporation, No. 16-2049, E.D. Mo.).