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®
State Of Rhode Island Sues Oil Companies For Tainting Groundwater With MTBE
PROVIDENCE, R.I. - The State of Rhode Island filed a lawsuit on Sept. 6 against numerous oil refining and gasoline companies in Rhode Island federal court, alleging that they are liable for contaminating the state's groundwater with methyl tertiary butyl ether (MTBE) (State of Rhode Island v. Alon Refining Krotz Springs, No. 16-495, D. R.I.).
City Of Fresno Liable For Drinking Water Tainted With Lead, Residents Say
FRESNO, Calif. - A group of residents in California on Sept. 9 filed a purported class action against the City of Fresno and related parties, alleging that they are liable for contaminating their drinking water with lead and other toxins (Karen Micheli, et al. v. The City of Fresno, No. 16GECG02937, Calif. Super., Fresno Co.).
DuPont: New Trial, Remittitur Warranted In C8 Case That Resulted In $5.6M Award
COLUMBUS, Ohio - E.I. du Pont de Nemours and Co. on Sept. 19 filed a brief in Ohio federal court seeking judgment as a matter of law or a new trial and remittitur on the cancer claims of David Freeman, who won a combined $5.6 million in compensatory and punitive damages against the company for cancer stemming from 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).
DuPont: C8 Plaintiff's High Cholesterol Claim Fails For Lack Of Evidence
COLUMBUS, Ohio - E.I. du Pont de Nemours and Co. on Sept. 16 moved in Ohio federal court for summary judgment on claims made by one of the plaintiffs in the ongoing trials pertaining to alleged injuries from exposure to perfluorooctanoic acid (known as C8), arguing that the plaintiff has "not even attempted to come forward with the requisite evidence to support his allegations" (In re E.I. du Pont de Nemours and Co. C8 Personal Injury Litigation, MDL No. 2433, No. 13-2433, S.D. Ohio).
Proposed Bill Would Amend Safe Drinking Water Act In Light Of Flint, Mich., Crisis
WASHINGTON, D.C. - Two federal legislators on Sept. 22 introduced a resolution in the U.S. House of Representatives that would amend the Safe Drinking Water Act (SDWA) aimed at improving drinking water standards, specifically with regard to the amount of lead in the water, by increasing compliance among local water utilities while fostering "greater community right to know about drinking water quality."
'Criminal Falsehoods' Warrant Flint, Mich., Lead Case Against State, Residents Say
DETROIT - A group of Michigan residents on Sept. 22 filed an omnibus response in a lawsuit regarding the lead water crisis in Flint, Mich., contending that although employees of the state have yet to be indicted for the lead water crisis in Flint, there are "more than enough questions of fact, internal contradictions, and criminal falsehoods" to warrant denial of their motion to dismiss (Melissa Mays, et al. v. Gov. Rick Snyder, et al., No. 15-14002, E.D. Mich.).
Lead Water Crisis Plaintiffs Say Claims Properly Pleaded Against State Of Michigan
DETROIT - A group of residents on Sept. 19 filed a brief in Michigan federal court arguing that they have properly pleaded their claims against employees of the Michigan Department of Environmental Quality (MDEQ) and Gov. Rick Snyder with regard to the lead contamination of the drinking water in Flint, Mich. (Myia McMillian, et al. v. Gov. Richard Dale Snyder, et al., No. 16-10796, E.D. Mich.).
Ecuadorian Residents Seek Rehearing En Banc At 2nd Circuit In Lago Agrio Case
NEW YORK - A group of Ecuadorian residents and their attorney on Sept. 16 filed a petition in the Second Circuit U.S. Court of Appeals seeking a rehearing en banc with regard to the Second Circuit's prior decision that affirmed a lower court's ruling that a group of Ecuadorian residents and their attorney committed fraud when they won an $18.5 billion judgment against Chevron Corp. for alleged injuries related to the company's involvement with an oil consortium (Chevron Corporation v. Steven Donziger, No. 14-826 [consolidated with] Chevron Corporation v. Hugo Gerardo Camacho Naranjo, No. 14-832, 2nd Cir.).
8th Circuit Holds PCB Injury Appeal In Abeyance Pending Settlement Negotiations
ST. LOUIS - The clerk of the Eighth Circuit U.S. Court of Appeals on Sept. 14 issued an order holding in abeyance pending settlement a case brought by two men against Monsanto Co. related to cancer they allegedly contracted as a result of exposure to polychlorinated biphenyls (PCBs) made by the company and its affiliates (Thomas Kelly, et al. v. Monsanto Co., et al., No. 15-01825, E.D. Mo.).
Glyphosate's Carcinogencity Cannot Be Determined Based On Available Data, EPA Says
WASHINGTON, D.C. - The U.S. Environmental Protection Agency released a report on Sept. 17 in which the agency said that while there is "strongest support" for classifying glyphosate - the chemical in the herbicide Roundup - as "not likely to be carcinogenic to humans," a conclusion regarding the association between glyphosate exposure and the risk of non-Hodgkin's lymphoma (NHL) cannot be determined based on the available data.
Judge: Groups May Seek Civil Penalties In Coal Ash Groundwater Lawsuit
NASHVILLE, Tenn. - A judge in Tennessee on Sept. 9 ruled that two environmental groups suing the Tennessee Valley Authority (TVA) could seek civil penalties but could not demand a jury in their lawsuit against the agency alleging groundwater contamination due to the presence of coal ash in local aquifers (Tennessee Clean Water Network, et al. v. Tennessee Valley Authority, No. 15-424, M.D. Tenn.).
Group: More Than 200 Million People Are Drinking Water Tainted With Chromium-6
WASHINGTON, D.C. - The Environmental Working Group (EWG) on Sept. 20 released a report indicating that its analysis of federal data from drinking water tests shows that more than 200 million Americans in all 50 states are drinking water contaminated with hexavalent chromium - also known as chromium-6 - a known carcinogen.
North Carolina, Company Settle Groundwater Contamination Case For $6 Million
RALEIGH, N.C. - The North Carolina Department of Environmental Quality (DEQ) on Sept. 23 announced that it reached a settlement with Duke Energy Carolinas LLC under which the company will pay $6 million to the state for violations associated with a coal ash spill at its power plant on the Dan River that resulted in groundwater contamination (In the matter of: Duke Energy Carolinas LLC, No. DV-2016-0017, NCDEQ, Rockingham Co.).
Maryland Appeals Panel Affirms Lead Paint Awards
ANNAPOLIS, Md. - A panel of the Maryland Court of Special Appeals on Sept. 1 affirmed rulings by two separate juries in lower courts that awarded damages to a woman against her landlord for injuries caused by exposure to lead-based paint, but denied her an award of attorney fees (Stanley Rochkind v. Starlena Stevenson, No. 418, Sept. Term 2015, Md. Spec. App.; 2016 Md. App. LEXIS 100).
Judge Finds Registering In State Provides Jurisdiction Over Talc Companies
PHILADELPHIA - Registering to do business in Pennsylvania provides consent to personal jurisdiction in the state even in light of recent Supreme Court precedent, a federal judge in Philadelphia held Sept. 20 in a case alleging ovarian cancer arising from exposure to talc (Nancy Bors v. Johnson & Johnson, et al., No. 16-2866, E.D. Pa.; 2016 U.S. Dist. LEXIS 128259).
Judge: Evidence Lacking For Veteran's Agent Orange Exposure Claim
WASHINGTON, D.C. - A judge in the U.S. Court of Appeals for Veterans Claims on Aug. 31 ruled that the evidence did not support a veteran's claim that he was exposed to Agent Orange while on active duty, but remanded the other part of his injury claim to determine what benefits he may be entitled to for hearing loss injuries (Arnold F. Dahl v. Robert A. McDonald, No. 15-3104, Vet. Clms.; 2016 U.S. App. Vet. Claims LEXIS 1335).
Widow: U.S. Supreme Court Should Hear Benzene Death Case Due To Circuit Split
WASHINGTON, D.C. - The U.S. Supreme Court on Aug. 24 put on its docket a widow's appeal of an appellate court ruling that affirmed the dismissal of her wrongful death lawsuit against Shell Oil Co. for her husband's alleged exposure to gasoline containing benzene (Yolande Burst v. Shell Oil Company, et al., No. 16-241, U.S. Sup.).
Michigan Employees: Flint Plaintiffs Fail To Satisfy Rules Of Procedure
GRAND RAPIDS, Mich. - Employees of the Michigan Department of Environmental Quality (MDEQ), who are among a group of defendants sued by residents who allege that they are liable for the lead-contaminated water crisis in Flint, Mich., on Aug. 19 filed a brief in Michigan federal court, arguing that the case should be dismissed because it is "incomprehensible" that all the defendants share the same level of liability, and the plaintiffs' complaint fails to satisfy federal rules governing civil procedure (Tamara Nappier v. Richard Snyder, et al., No. 16-636, W.D. Mich.).
Flint Water Crisis Defendants: There Is No Constitutional Right To Drinking Water
DETROIT - Employees of the Michigan Department of Environmental Quality (MDEQ) on Aug. 22 moved to dismiss a lawsuit filed in Michigan federal court by a purported class of Flint, Mich., residents, contending that they are entitled to absolute immunity with regard to the plaintiffs' claims stemming from the lead water crisis in Flint, and there is "no constitutional right to drinking water" (Myia McMillian, et al. v. Gov. Richard Dale Snyder, et al., No. 16-10796, E.D. Mich.).
Class Alleges Conspiracy In Flint Water Crisis; Emergency Manager Denies Claims
DETROIT - One of the defendants named in a putative class action filed by residents of Flint, Mich., contending that various state officials are liable for injuries that have stemmed from exposure to lead-contaminated drinking water filed an answer to the amended complaint on Aug. 12, arguing that the plaintiffs have failed to state a claim, but that even if they hadn't, the claims would be barred by governmental immunity (Lawrence Washington, Jr., et al. v. Governor Richard Dale Snyder, et al., No. 16- 11247, E.D. Mich.).
Flint, Mich., Residents: Claims 'Actionable'; Defendants Not Entitled To Immunity
DETROIT - A group of plaintiffs who sued various Michigan authorities, as well as an engineering planning firm that acted as a consultant to the City of Flint, Mich., when it switched its water source to the Flint River, filed a brief in Michigan federal court on Aug. 15, contending that their claims under the Safe Drinking Water Act (SDWA) are actionable and the defendants are not entitled to immunity (Frances Gilcreast, et al. v. Lockwood, Andrews & Newnam, No. 16-11173, E.D. Mich.).
Plaintiffs Seek Order From JPMDL Centralizing Roundup Glyphosate Cases
WASHINGTON, D.C. - Some of the plaintiffs in the Roundup Products Liability Litigation pending before the Judicial Panel on Multidistrict Litigation (JPMDL) filed a brief on Aug. 25 calling for the centralization of 26 cases in an MDL in Illinois federal court on grounds that all of the cases allege that exposure to glyphosate resulted in the development of non-Hodgkin's lymphoma (NHL) (In Re: Roundup Products Liability Litigation, No. 2741, JPMDL).
Plaintiff Seeks Creation Of MDL For Glyphosate Cancer Cases Against Monsanto
LOS ANGELES - A woman who sued Monsanto Co. in California federal court alleging that the company is liable for the wrongful death of her husband because he was exposed to glyphosate, a chemical that is manufactured by Monsanto and used in its herbicide Roundup, on Aug. 22 moved for the creation of a multidistrict litigation proceeding based on developments in other similar cases (Teri Michelle McCall v. Monsanto Company, No. 16-1609, C.D. Calif.).
Group Says Nature Valley Granola Products Contain Toxic Chemical Glyphosate
WASHINGTON, D.C. - A consumer advocacy group on Aug. 24 filed a lawsuit in the District of Columbia Superior Court against General Mills Inc., alleging that the company's Nature Valley brand granola bars contain the toxic chemical glyphosate (Organic Consumers Association v. General Mills Inc., No. 2016CA006309, D.C. Super.).
DuPont: Venue Of Selected C8 Injury Cases Should Not Be Transferred
COLUMBUS, Ohio - E.I. du Pont de Nemours and Co. on Aug. 17 filed a brief in Ohio federal court contending that the Ohio residents who allege that the company is liable for injuries from exposure to perfluorooctanoic acid (known as C8) cite no authority supporting their proposition that any opposition to transferring some of the cases from the multidistrict litigation to a separate the venue is "negated" by the district court's need to manage its docket (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 C8 Injury MDL Refuses DuPont's Request To Vacate Trial Schedule
COLUMBUS, Ohio - The Ohio federal judge presiding over the multidistrict litigation for cases alleging injuries against E. I. du Pont de Nemours and Co. related to exposure to perfluorooctanoic acid (known as C8), on Aug. 30 refused to vacate the trial schedule because it is not a violation of DuPont's due process rights (In re E.I. du Pont de Nemours and Co. C8 Personal Injury Litigation, MDL No. 2433, No. 13-2433, S.D. Ohio).
Sherwin-Williams Seeks Order Quashing Deposition In Lead Paint Lawsuit
MILWAUKEE - The Sherwin-Williams Co., one of the co-defendants in a lead-based paint lawsuit, on Aug. 22 filed an expedited motion for a protective order in Wisconsin federal court, contending that the plaintiff's notice that he wants to videotape a deposition should be quashed because the company has already produced all of its information and has been subjected to "hours upon hours" of cross-examination in previous depositions and trials (Glenn Burton Jr. v. American Cyanamid Company, et al., No. 07-0303, E.D. Wis.).
Indiana Resident: City, Makers Of Lead Paint Liable For Contamination, Injuries
HAMMOND, Ind. - An Indiana resident on Aug. 15 filed a lawsuit against the City of East Chicago, Ind., and the makers of lead-based paint, contending that they are guilty of fraud and misrepresentation that resulted in injuries to her and her children from lead poisoning (Lashawnda Walker v. City of East Chicago, Ind., et al., No. 16-367, N.D. Ind.).
2nd Circuit Denies Hearing On Motion To Certify Questions About Chemical Leak
NEW YORK - A panel of the Second Circuit U.S. Court of Appeals on Aug. 15 denied an en banc hearing to a class of plaintiffs who sought to certify state law questions related to their allegations that they suffered personal injuries from exposure to fugitive chemicals from Union Carbide Corp.'s (UCC) closed Bhopal, India, pesticide refinery during a leak of methyl isocyanate in 1984 (Jargarnath Sahu, et al. v. Union Carbide Corp., et al., No. 14-3087, 2nd Cir.).
Creosote Injury Defendant: Plaintiffs' Claims Barred By Settlement Injunction
NEW YORK - One of the defendants in a lawsuit brought by plaintiffs who allege they have been harmed as a result of exposure to wood treated with creosote on Aug. 15 filed a brief in the Second Circuit U.S. Court of Appeals contending that despite a settlement between the parties and an injunction from the district court, the plaintiffs are "trying to take another bite," by asking a state court to revive certain toxic tort claims (Avoca Plaintiffs v. Kerr-McGee Corporation; In Re: Tronox Inc., No. 16-343, 2nd Cir.).
Plaintiffs: Creosote Injury Claims Not Barred; Court 'Exceeded Authority'
NEW YORK - Plaintiffs who allege that they have been harmed as a result of exposure to wood treated with creosote on Aug. 29 filed a brief in the Second Circuit U.S. Court of Appeals contending that it should reverse a ruling in which a district court "exceeded its authority" when it concluded that the plaintiffs' claims were barred by a settlement agreement that prohibits "trust derivative claims" (Avoca Plaintiffs v. Kerr-McGee Corporation [In Re: Tronox Inc.], No. 16-343, 2nd Cir.).
Pennsylvania Federal Judge: Workers' Comp Act Is Exclusive Remedy For Injuries
PHILADELPHIA - A Pennsylvania federal judge on Aug. 12 dismissed a class claim for medical monitoring brought by airline workers stationed at the Philadelphia International Airport who allege that they were exposed to toxins, finding that the Pennsylvania Workers' Compensation Act (PWCA) is the exclusive remedy available to the workers (David Smith, et al. v. American Airlines, Inc., et al., No. 16-156, E.D. Pa.; 2016 U.S. Dist. LEXIS 107402).
Alaska High Court Says Tainted Groundwater Case Not Barred By Statute
JUNEAU, Alaska - The Alaska Supreme Court on Aug. 26 ruled that a refinery owner's claim for indemnification against the refinery's previous owner, which was related to a lawsuit alleging groundwater contamination brought by a local resident, was not barred by the statute of limitations (Flint Hills Resources Alaska LLC v. Williams Alaska Petroleum Inc., et al., No. S-15654, Alaska Sup.).
Pennsylvania Lawmaker Calls On State To Sue U.S. Navy Over Water Contamination
HARRISBURG, Pa. - Pennsylvania State Rep. Todd Stephens on Aug. 22 issued a press release calling on the Commonwealth of Pennsylvania to sue the U.S. Navy in an effort to force it to clean up water systems in Montgomery County, Pa., which the representative says are contaminated with perfluorinated chemicals (PFCs) from a Naval Air Station.
EPA 'Counterproductive,' Should Reimburse Remediation Costs, State Officials Say
WASHINGTON, D.C. - Two New York state officials on Aug. 30 sent a letter to the director of the U.S. Environmental Protection Agency, seeking reimbursement for some of the $25 million in costs already incurred, and the additional $50 million projected to be spent, in the remediation of groundwater that was contaminated with perfluorooctanoic acid (also known as C8) in Hoosick Falls, N.Y., because the agency was "counterproductive" in the process.
Judge Remands Agent Orange Benefits Case, Says Exposure Not Established
WASHINGTON, D.C. - A judge in the U.S. Court of Appeals for Veterans Claims on Aug. 24 remanded for review a case in which a veteran contends that he was exposed to Agent Orange while stationed at a military base in Arkansas, stating that it has not been determined whether the presumption of exposure has been established (Glenn R. Heffington v. Robert A. McDonald, No. 15-2603, U.S. App. Vet. Clms.; 2016 U.S. App. Vet. Claims LEXIS 1282).
Judge: Veteran Fails To Show Error In Denial Of Agent Orange Benefits
WASHINGTON, D.C. - A judge in the U.S. Court of Appeals for Veterans Claims on Aug. 26 ruled that a veteran who sought benefits for injuries stemming from exposure to Agent Orange failed to establish that he had come in contact with the chemical, and the judge affirmed a review board's decision to deny him benefits (Roger L. Hunter v. Robert A. McDonald, No. 15-3279, U.S. App., Vet. Clms.; 2016 U.S. App. Vet. Claims LEXIS 1303).
Judge Remands Agent Orange Benefits Case, Says Exam And Opinion Were Not Adequate
WASHINGTON, D.C. - A judge in the U.S. Court of Appeals for Veterans Claims on Aug. 25 remanded a veteran's case seeking benefits for injuries he claims were caused by exposure to Agent Orange, determining that the U.S. Department of Veterans Affairs failed to provide an adequate physical examination and opinion (Elliott J. Peterson v. Robert A. McDonald, No. 15-3243, U.S. App., Vet. Clms.; 2016 U.S. App. Vet. Claims LEXIS 1299).
City Of Flint, Mich., Mayor Deny Water Crisis Donations Were Redirected
DETROIT - Mayor Karen Weaver and the City of Flint, Mich., on Aug. 1 filed an answer in Michigan federal court denying allegations from a former city employee that the mayor instructed city officials to redirect donations designated for the Flint lead water crisis to her political action committee (PAC) (Natasha Henderson v. City of Flint, Mich., et al., No. 16-11648, E.D. Mich.).
Resident: Officials Not Entitled To Immunity From Flint Water Crisis Liability
GRAND RAPIDS, Mich. - The resident of Flint, Mich., who are suing the governor of Michigan and state officials filed a brief in a Michigan federal court on Aug. 4, contending that the defendants are not entitled to immunity from liability claims related to the lead-contaminated water crisis in Flint, and the claims are not preempted by state or federal drinking water laws (Tamara Nappier v. Richard Snyder, et al., No. 16-636, W.D. Mich.).
Residents: Governor, Officials Cannot Evade Responsibility In Flint Water Crisis
DETROIT - Residents who sued Michigan Gov. Rick Snyder and state officials alleging liability for the lead-contaminated drinking water in the City of Flint, Mich., on Aug. 8 filed a brief in a Michigan federal court opposing the defendants' motion for summary judgment dismissal. The plaintiffs insist that the defendants are attempting to evade responsibility on the "faulty premise" that the district court lacks subject matter jurisdiction, and they contend that they have adequately pleaded claims for violation of their rights under the U.S. Constitution (Melissa Mays, et al. v. Gov. Rick Snyder, et al., No. 15-14002, E.D. Mich.).
Plaintiffs In C8 Litigation: DuPont's Objection To Case Schedule Is 'Meritless
COLUMBUS, Ohio - The Ohio residents who sued E.I. du Pont de Nemours and Co. alleging injuries from exposure to perfluorooctanoic acid (known as C8) on Aug. 8 filed a brief in Ohio federal court, arguing that the company's objection to a case management order that calls for the acceleration and selection of trial cases is "meritless" (In re E.I. du Pont de Nemours and Co. C8 Personal Injury Litigation, MDL No. 2433, No. 13-2433, S.D. Ohio).
Ruling Stands In Lago Agrio Case, 2nd Circuit Says; $18.5B Award Fraudulent
NEW YORK - The Second Circuit U.S. Court of Appeals on Aug. 8 ruled that a district court did not commit error when it ruled that an attorney and the Ecuadorian plaintiffs who sued Chevron Corp. committed fraud and violated the Racketeer Influenced and Corrupt Organizations Act when they won an $18.5 billion judgment against the company for alleged injuries related to Chevron's involvement with an oil consortium (Chevron Corporation v. Steven R. Donziger, et al., No. 14-826, 2nd Cir.).
Residents: $4.24M Award For Tainted Groundwater Valid; Fracking Company Liable
HARRISBURG, Pa. - The Pennsylvania residents who won a $4.24 million verdict against a hydraulic fracturing company for groundwater contamination on Aug. 5 filed a reply brief in Pennsylvania federal court, contending that the award should stand because they have supported all elements of their nuisance claim with "a preponderance of the legally-sufficient evidence" and the company "misrepresents the record" (Nolen Scott Ely v. Cabot Oil & Gas Corporation, No. 09-2284, M.D. Pa.).
Judge Says Groundwater Contamination Lawsuit Preempted By Federal Law
LOS ANGELES - A magistrate judge in California on Aug. 2 dismissed a groundwater contamination lawsuit against a gas and electric utility company on grounds that the claim was preempted by federal law pertaining to safe drinking water (Herbert Nethery v. Pacific Gas and Electric Company, No. 16-653, C.D. Calif.; 2016 U.S. Dist. LEXIS 101316).
Group Says Halliburton's 'Reckless Disregard' Led To Tainted Groundwater
OKLAHOMA CITY - A group of Oklahoma residents who are already members of a putative class action against Halliburton Energy Services Inc. (HESI) alleging groundwater contamination on Aug. 9 filed a separate complaint against the company seeking compensation for "complete reckless disregard" that led to the presence of perchlorate in the aquifer that supplies their drinking water (Albin Family Revocable Living Trust, et al. v. Halliburton Energy Services Inc., No. 16-910, W.D. Okla.).
Nigerian Residents: Chevron Should Not Be Permitted To Compel Discovery
SAN FRANCISCO - A group of Nigerian residents who are suing Chevron Corp. for damages related to the explosion of one of its natural gas rigs on Aug. 5 filed a brief opposing the company's motion seeking to compel the plaintiffs to produce documents that explain its litigation funding to demonstrate the adequacy of the class representative and his counsel (Foster Ogola, et al. v. Chevron Corporation, No. 14-173, N.D. Calif.).
udge Sets Aside $1.76M Damages Award, Denies New Trial In Benzene Case
DAVENPORT, Iowa - A federal judge in Iowa on July 12 set aside a $1.76 million punitive damages award but denied a new trial to a group of chemical companies that contended that a wrongful death verdict related to benzene exposure was "inconsistent" and the verdict form was "erroneous" (Cheri Dahlin v. Lyondell Chemical Company, et al., No. 14-00085, S.D. Iowa, Davenport Div.; 2016 U.S. Dist. LEXIS 104789).
Groups: Court Erred When It Dismissed Some Defendants In Lead Contamination Case
TRENTON, N.J. - Environmental groups that have sued NL Industries Inc. alleging lead contamination filed a brief in New Jersey federal court on Aug. 9, contending that when the district court granted summary judgment dismissal to some of the defendants, it made "clear legal and factual errors that warrant reconsideration" (Raritan Baykeeper Inc., et al. v. NL Industries Inc., et al., No. 09-4117, D. N.J.).