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Headline Emerging Toxic Torts Legal News from LexisNexis®
Firms Petition Supreme Court, Say Class Action Ruling In Flint Water Case 'Wrong'
WASHINGTON, D.C. - A group of engineering firms that were sued by residents who contended that they shared liability for the lead-contaminated water crisis in Flint, Mich., on March 9 filed a petition for writ of certiorari in the U.S. Supreme Court arguing that the Sixth Circuit U.S. Court of Appeals' decision that a plaintiff may obtain remand under the Class Action Fairness Act (CAFA) without evidence of class members' citizenship "creates a circuit split and is wrong" (Lockwood Andrews & Newnam P.C. v. Jennifer Mason, No. 16-1092, U.S. Sup.).
Deposition Of Former EPA Official Proper In Glyphosate Injury Case, Plaintiffs Say
SAN FRANCISCO - The Plaintiffs' Executive Committee (PEC) in the multidistrict litigation for those alleging injuries from the herbicide Roundup on March 14 filed an unredacted brief in California federal court arguing that it should be allowed to depose a former employee of the U.S. Environmental Protection Agency because there is evidence that he tried to "kill" the "glyphosate/lymphoma issue" for Monsanto Co., which manufactures Roundup (In re: Roundup Products Liability Litigation, MDL No. 2741, N.D. Calif.).
Judge Denies Monsanto's Motion To Seal Documents Regarding Dangers Of Glyphosate
SAN FRANCISCO - A federal judge in California on March 13 issued an order denying Monsanto Co.'s motion to seal documents that it submitted in connection with a motion to compel the testimony of a former official at a federal environmental agency pertaining to the harmful effects of glyphosate, the active ingredient in the herbicide Roundup (In Re: Roundup Products Liability Litigation, MDL No. 2741, N.D. Calif.).
Woman: Monsanto's 'Fraud' Caused Her To Develop Cancer From Exposure To Glyphosate
ST. LOUIS - A Missouri woman on March 17 filed a lawsuit against Monsanto Co. in Missouri federal court, alleging that the company committed scientific fraud and is liable for her development of non-Hodgkin lymphoma (NHL), which was the result of exposure to glyphosate, the active ingredient in the herbicide Roundup (Linda Crane v. Monsanto Co., No. 17-982, E.D. Mo.).
41 Persons File Consolidated Case Against Monsanto For Glyphosate Injuries
OAKLAND, Calif. - A group of individual plaintiffs filed a consolidated lawsuit against Monsanto Co. in California state court on March 17 seeking damages against the company for alleged fraud, negligence, strict liability and other violations the plaintiffs contend caused them to develop cancer as a result of their exposure to glyphosate, the active ingredient in the herbicide Roundup (Loretta I. Pennie, et al. v. Monsanto Co., et al., No. RG17853420, Calif. Super., Alameda Co.).
Glyphosate Case Dismissed To Refile For Transfer To Roundup MDL
SAN FRANCISCO - A federal judge in California on March 14 dismissed without prejudice a wrongful death lawsuit brought against Monsanto Co. for the case to be refiled and transferred to the multidistrict litigation that pertains to injuries allegedly caused by exposure to glyphosate, the active ingredient in the herbicide Roundup (Karen Wooten, et al. v. Monsanto Co., No. 16-6706, N.D. Calif.).
Rhode Island Voluntarily Dismisses MTBE Lawsuit
PROVIDENCE, R.I. - The state of Rhode Island on March 13 voluntarily dismissed its lawsuit pending in Rhode Island federal court against a chemical company for allegedly contaminating the state's drinking water supply with methyl tertiary butyl ether (MTBE) (State of Rhode Island v. Alon Refining Krotz Springs, No. 16-495, D. R.I.).
Some Flint Water Defendants: Local Controversy Exception Applies To Class Action
DETROIT - Some of the defendants sued by residents of Flint, Mich., in connection with the lead-contaminated drinking water in that city filed a brief in Michigan federal court on March 21, arguing that the lawsuit meets the local controversy exception to the Class Action Fairness Act (CAFA) and, therefore, the court should deny a motion filed by another group of defendants asking it to alter its judgment with regard to exercising its jurisdiction over state law claims (Myia McMillian, et al. v. Governor Richard D. Snyder, et al., No. 16-10796, E.D. Mich.).
EPA Approves $100M For Flint, Mich., Water Upgrades
WASHINGTON, D.C. - The U.S. Environmental Protection Agency announced March 17 that it has awarded a $100 million grant to the Michigan Department of Environmental Quality (MDEQ) to fund drinking water infrastructure upgrades in Flint, Mich.
Company: Discovery Sought In Lithium Battery Injury Case 'Unduly Burdensome'
OKLAHOMA CITY - One of the defendants sued in connection with injuries suffered by two workers when a lithium battery exploded during a hydraulic fracturing operation on March 17 filed a brief in Oklahoma federal court contending that its delay in responding to discovery requests is not a refusal to comply, but rather is due to the fact that the request is "overly broad and unduly burdensome" (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.).
Utility Tainted Drinking Water But Plaintiff Seeks 'Draconian' Penalty, Judge Says
RICHMOND, Va. - A federal judge in Virginia on March 23 ruled that an electric utility company violated the Clean Water Act (CWA) by dumping arsenic into the groundwater but said that the remedy sought by an environmental group was "draconian." The judge also refused to find that the utility had violated its state-issued permits and prescribed "more extensive monitoring" of the site where the contamination occurred (Sierra Club v. Virginia Electric and Power Company, d/b/a Dominion Virginia Power, No. 15-112, E.D. Va.).
2 Men Sue Utility Company Alleging Drinking Water Contains Arsenic, Uranium
RIVERSIDE, Calif. - Two California men filed boilerplate lawsuits on March 14 against Pacific Gas & Electric Co. (PGEC) in California federal court, contending that the company is liable for contaminating their drinking water with arsenic and uranium (John C. Richards v. Pacific Gas & Electric Company, No. 17-471, C.D. Calif.).
Texas MDL Panel: Drinking Water Contamination Cases Should Be Consolidated
AUSTIN, Texas - The Multidistrict Litigation Panel of Texas on March 10 ruled that 10 separate lawsuits that allege drinking water contamination against a group of refining company defendants should be transferred to a single court for pretrial proceedings (In re: Corpus Christi Tap Water Litigation, MDL No. 17-69, Texas MDL Panel; 2017 Tex. LEXIS 291).
Judge Dismisses Claims Against State Agencies Related To Tainted Drinking Water
SIOUX CITY, Iowa - A federal judge in Iowa on March 17 dismissed a groundwater contamination lawsuit brought by a local agency that supplies drinking water, concluding that its claims against local government agencies regarding liability for the costs of complying with clean water laws "have no merit" (Board of Water Works Trustees of the City of Des Moines, Iowa v. SAC County Board of Supervisors as Trustees of Drainage Districts 32, 42, 65, 79, 81, 83, 86, et al., 15-4020, N.D. Iowa; 2017 U.S. Dist. LEXIS 39025).
Judge Vacates, Remands Agent Orange Benefits Case To Consider Medical Report
WASHINGTON, D.C. - A federal judge in the U.S. Court of Appeals for Veterans Claims on March 9 vacated and remanded a case involving a veteran's claims for benefits due to exposure to Agent Orange while in Vietnam, concluding that the Board of Veterans Appeals erred when it failed to return a medical examination report that needed clarification (Freddie Bell Jr. v. David J. Shulkin, No. 15-3376, Vet. Clms.; 2017 U.S. App. Vet. Claims LEXIS 340).
Panel: Lead-Poisoning Case Against Kennedy Krieger Researchers Properly Dismissed
ANNAPOLIS, Md. - A Maryland appeals panel on March 22 affirmed a trial court ruling that dismissed a lawsuit against the Kennedy Krieger Institute Inc. (KKI) brought by the estate of a deceased man who contended that he had suffered from lead-paint poisoning as a result of participating in a lead abatement study KKI ran in the 1990s (Kimberly Smith, personal representative of the Estate of Cecil Harris III v. Kennedy Krieger Institute Inc., No. 2241, Sept. Term, 2014; 2017 Md. App. LEXIS 305).
Housing Authority's Argument In Lead Paint Case 'Not Sufficient,' Panel Says
NEW YORK - A New York appeals panel on March 21 affirmed a trial court's decision that denied summary judgment dismissal to the New York City Housing Authority (NYCHA) in a lead-based paint poisoning lawsuit, concluding that the housing authority's argument is "not sufficient to conclusively prove that no lead paint was used" (Dakota Jade T., and infant, by her mother and natural guardian Tiesha J. v. New York City Housing Authority, No. 3144, 350150/11, N.Y. Sup., App. Div., 1st Dept.; 2017 N.Y. App. Div. LEXIS 1949).
Maryland Federal Judge Says Temporary Restraining Order Is Not Warranted
BALTIMORE - A Maryland federal judge on March 22 denied an underlying plaintiff's motion for a temporary restraining order seeking to ban an insurer and its insured from reaching a settlement for an underlying judgment awarded for personal injuries in a lead paint exposure suit (CX Reinsurance Co. Ltd., v. Benjamin L. Kirson, et al., No. 15-3132, D. Md., 2017 U.S. Dist. LEXIS 41230).
Lack Of Causation Evidence Fatal To Man's Suit Against BP, Judge Rules
NEW ORLEANS - BP Exploration and Production Inc. and BP America Production Co. (collectively, BP) were awarded summary judgment by a federal judge in Louisiana on March 20 after she found that a man was unable to produce evidence that his exposure to dispersants during cleanup activities following the oil spill in the Gulf of Mexico caused him to develop lung cancer (Pero Cibilic, et al. v. BP Exploration & Production, Inc., et al., No. 15-995, E.D. La., 2017 U.S. Dist. LEXIS 40056).
Michigan Civil Rights Agency: Flint Water Crisis Was Result Of 'Systemic Racism'
DETROIT - The Michigan Civil Rights Commission (MCRC) on Feb. 17 issued a report in which it said the "disparate response" to the lead-contaminated water crisis in Flint, Mich., was the result of "systemic racism that was built into the foundation and growth of Flint, its industry and the suburban area surrounding it" and said the state should establish a "Truth and Reconciliation Commission" to deal with racial discrimination.
Judge Cancels Oral Argument To Settle Jurisdictional Issue In 1 Flint Water Case
GRAND RAPIDS, Mich. - A federal judge in Michigan on Feb. 17 issued an order canceling oral arguments in a case brought by residents of the city of Flint, Mich., who seek damages for injuries from exposure to lead-contaminated drinking water, ruling that the court is "obligated to examine" the subject matter jurisdiction of the case (Tamara Nappier v. Richard Snyder, et al., No. 16-636, W.D. Mich.).
Monsanto Denies Wrongdoing In Cancer Claim Related To Glyphosate Exposure
SAN FRANCISCO - Monsanto Co. on Feb. 21 filed an answer in California federal court, arguing that the personal injury case brought against it related to glyphosate, the active ingredient in the herbicide Roundup, contending that the allegations against the company are "vague and conclusory and comprise attorney characterizations" about a product that "repeatedly has been found to be safe to humans and the environment by regulators in the United States and around the world" (In Re: Roundup Products Liability Litigation, MDL No. 2741, N.D. Calif.).
World Health Organization Documents On Glyphosate Not Protected, Monsanto Says
SAN FRANCISCO - Monsanto Co. on Feb. 9 filed a brief in California federal court arguing that the documents it seeks in a subpoena of nonparties in a glyphosate-injury lawsuit are not property of the International Agency for Research on Cancer (IARC); therefore, they should be turned over to the company (In Re: Roundup Products Liability Litigation, MDL No. 2741, N.D. Calif.).
Judge: Tainted Groundwater Case Valid; Damages Allowed Against Some Defendants
NEW ORLEANS - A federal judge in Louisiana on Feb. 21 partially granted and partially denied motions to dismiss claims brought by a class of residents who contend that Chevron USA Inc. and related companies are liable for contaminating their groundwater with naturally occurring radioactive material (NORM), ruling that the plaintiffs have a valid strict liability claim but do not have a claim for punitive damages against all defendants (Joseph Robertson, et al. v. Chevron USA Inc., et al., No. 15-00874, E.D. La.).
Judge: Seattle's Case Against Monsanto Valid; PCB Design Defect Claim Dismissed
SEATTLE - A federal judge in Washington on Feb. 22 dismissed one cause of action but ruled that the majority of claims brought by the city of Seattle against Monsanto Co. for allegedly contaminating its groundwater with polychlorinated biphenyls (PCBs) were valid (City of Seattle v. Monsanto Company, et al., No. 16-cv-00107, W.D. Wash.).
Company: Jury Trial Brief In Groundwater Case Relies On 'Misrepresentations'
FRESNO, Calif. - A dry cleaning company on Feb. 10 filed a brief in California federal court arguing that the city of Visalia, Calif.'s brief seeking a jury trial in a lawsuit brought by a couple seeking remediation costs associated with tetrachloroethylene (PCE) contamination of groundwater "relies on a series of misrepresentations to support its argument" (Viola Coppola, et al. v. Gregory Smith, et al., No. 11-cv-01257, E.D. Calif.).
Judge Denies Oil Rig Explosion Plaintiff's Request To File Evidence Under Seal
SAN FRANCISCO - A federal judge in California on Feb. 13 denied a man's motion to file photographs under seal as part of the evidence record in an oil rig explosion injury lawsuit, concluding that the pictures were identical to, or "cumulative of," photographs that had already been included in the record (Natto Iyela Gbarabe v. Chevron Corporation, No. 14-173, N.D. Calif.).
1st Circuit Panel: Review Of Ruling In Drinking Water Case 'Not In Order'
BOSTON - A panel of the First Circuit U.S. Court of Appeals on Feb. 14 ruled that residents who contend that a company contaminated their drinking water with perfluorooctanoic acid (known as C8) cannot appeal a ruling of the district court that denied their motion to remand the case to New Hampshire state court (Kevin Brown, et al. v. Saint-Gobain Performance Plastics, No. 16-8055, 1st Cir.).
Halliburton: Discovery, Trial Schedule Should Be Changed; Plaintiffs 'Misleading'
OKLAHOMA CITY - Halliburton Energy Services Inc. (HESI) on March 1 filed a brief in Oklahoma federal court, arguing that the district court should modify a scheduling order to extend the discovery deadline and change the date of trial plaintiff selection in a collection of lawsuits brought by residents who allege that the company is liable for their injuries by the alleged 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.).
Company: Drinking Water Case Preempted By Federal Law, And Claims Are 'Moot'
LOS ANGELES - Pacific Gas & Electric Co. (PGE) on Feb. 24 filed its answer to a groundwater contamination complaint in California federal court, contending that the court lacks jurisdiction because the claims are preempted by the Safe Drinking Water Act (SDWA) and the claims are moot (Carolyn Bolin, et al. v. Pacific Gas & Electric Company, No. 16-676, C.D. Calif.).
Judge Approves Dismissal Of Drinking Water Case Amid Document Dispute
SPOKANE, Wash. - A federal judge in Washington on Feb. 27 issued an order approving a settlement in a lawsuit brought by an environmental group that sought declaratory relief for alleged violations of the Freedom of Information Act (FOIA) in relation to documents pertaining to an investigation of groundwater contamination on Native American lands (Friends of Toppenish Creek v. U.S. Department of Health & Human Services, et al., No. 16-3013, E.D. Wash.).
3M: Groundwater Case Fails; Any Alleged Injuries Stem From Acts Beyond Control
BIRMINGHAM, Ala. - On Feb. 24, 3M Co. filed its answer to a lawsuit brought against it for groundwater contamination, in which it denies any liability and argues that the claim fails because the company has "not caused or contributed to an imminent and substantial endangerment to health or the environment" (Tennessee Riverkeeper Inc. v. 3M Company, et al., No. 16-1029, N.D. Ala.).
Texas High Court: Lower Court Should Decide If ExxonMobil Should Clean Up Site
AUSTIN, Texas - The Texas Supreme Court held Feb. 24 that a lower court judge should determine if a landowner can seek an order requiring ExxonMobil Corp. to remediate two sites where it conducted oil drilling and production operations, finding that the issue was not properly raised on appeal (ExxonMobil Corporation v. Lazy R. Ranch, LP, et al., No. 15-0270, Texas Sup., 2017 Tex. LEXIS 210).
Groups: EPA Emergency Action Needed For Lead Contamination In East Chicago, Ind.
WASHINGTON, D.C. - A collection of community groups, the NAACP and the Natural Resources Defense Council (NRDC) on March 2 filed notice of petition with the U.S. Environmental Protection Agency seeking emergency action to abate "the imminent and substantial endangerment" to East Chicago, Ind., posed by lead contamination of drinking water.
$20M Lead-Based Paint Injury Case May Proceed, Judge Says
BROOKLYN, N.Y. - A federal judge in New York on March 1 ruled that residents who seek $20 million for lead-based paint poisoning injuries allegedly sustained when they rented an apartment have a private right of action and the case may proceed (Sabrina Fuller v. Chandrakalli Sukhnandan, No. 16-2038, E.D. N.Y.; 2017 U.S. Dist. LEXIS 29063).
Panel Reverses, Says Statute Of Limitations Expired On Lead-Based Paint Case
ALBANY, N.Y. - A New York appellate panel on March 2 reversed a trial court ruling and determined that a lead-based paint poisoning lawsuit against a landlord couple should be dismissed on grounds that the statute of limitations had expired on the claim (Violet Vasilatos v. William Dzamba, No. 523286, N.Y. Sup., App. Div., 3rd Dept.; 2017 N.Y. App. Div. LEXIS 1581).
Judge Reverses, Says Benefits Denied To Veteran Based On Flawed Medical Opinion
WASHINGTON, D.C. - A federal judge in the U.S. Court of Appeals for Veterans Claims on Feb. 27 reversed and remanded a ruling by the Board of Veterans Appeals that denied a veteran's claim for benefits from exposure to Agent Orange in Vietnam, concluding that the board failed to provide an adequate statement of its reasons for relying on the opinion of the medical examiner in the case (Joyce M. Carter v. David J. Shulkin, No. 16-1192, Vet. Clms.; 2017 U.S. App. Vet. Claims LEXIS 250).
Judge Sets Aside, Remands Ruling That Denied Agent Orange Benefits
WASHINGTON, D.C. - A federal judge in the U.S. Court of Veterans Appeals on Feb. 22 set aside a ruling by the Board of Veterans Appeals that denied benefits to the widow of a soldier who had been exposed to Agent Orange, concluding that the medical opinion on which the denial of benefits was based relied on the opinion of an independent medical examiner who did not adequately explain her conclusion (Atta L. Corbiser v. David J. Shulkin, No. 15-2505, Vet. Clms.; 2017 U.S. App. Vet. Claims LEXIS 214).
Judge Reverses, Remands Agent Orange Ruling, Says Cancer Connection Could Exist
WASHINGTON, D.C. - A federal judge in the U.S. Court of Appeals for Veterans Claims on Feb. 28 reversed and remanded a ruling by the Board of Veterans Appeals that denied a veteran's claim for full benefits related to prostate cancer that he contended was caused by his exposure to Agent Orange while in Vietnam (Chester McNeil Jr. v. David J. Shulkin, No. 16-1447, U.S. App., Vet. Clms.; 2017 U.S. App. Vet. Claims LEXIS 263).
Firm Gets Extension In Flint Water Crisis Appeal To U.S. Supreme Court
WASHINGTON, D.C. - U.S. Supreme Court Justice Elena Kagan on Jan. 18 granted the application for an extension of time for an engineering firm to file a petition for writ of certiorari to appeal a decision by the Sixth Circuit U.S. Court of Appeals that the local controversy exception to the Class Action Fairness Act of 2005 (CAFA) requires a lawsuit brought by a class of residents in Flint, Mich., pertaining to its lead-contaminated water crisis to be tried in state court (Lockwood, Andrews & Newnam PC v. Jennifer Mason, et al., No. 16A701, U.S. Sup.).
Flint Water Crisis Defendants: Court Should Consider Rulings From Other Courts
GRAND RAPIDS, Mich. - Some of the defendants sued by residents of Flint, Mich., in connection with that city's lead-contaminated drinking water crisis on Feb. 15 filed a brief in Michigan federal court contending that the court should consider decisions issued in other cases pertaining to the Flint water crisis (Tamara Nappier v. Richard Snyder, et al., No. 16-636, W.D. Mich.).
Judge Dismisses Flint Water Case, Says Federal Notice Requirement Not Met
DETROIT - A federal judge in Michigan on Feb. 7 dismissed a lawsuit against the state of Michigan, its governor, various state employees and the city of Flint, Mich., for the lead-contaminated water crisis on grounds that the plaintiffs failed to comply with the notice requirements of a federal law pertaining to safe drinking water (Myia McMillian, et al. v. Governor Richard D. Snyder, et al., No. 16-10796, E.D. Mich.).
Judge In C8 Injury MDL Vacates Orders In Light Of Global Resolution Of Claims
COLUMBUS, Ohio - The federal judge in Ohio 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 Feb. 14 issued an order vacating all current scheduling orders because the parties have informed the court that they have reached a global resolution of all cases comprising the MDL (In re E.I. du Pont de Nemours and Co. C8 Personal Injury Litigation, MDL No. 2433, No. 13-2433, S.D. Ohio).
3 Sets Of Plaintiffs: Monsanto Concealed Carcinogenicity Of Glyphosate
SAN FRANCISCO - A California couple on Feb. 9 filed a lawsuit against Monsanto Co. in California federal court, alleging that the husband of the couple has contracted non-Hodgkin lymphoma from exposure to the company's herbicide Roundup, which contains that active ingredient glyphosate (Joseph E. Shipley, et al. v. Monsanto Co., No. 17-651, N.D. Calif.).
Cancer Case Against Monsanto For Glyphosate Exposure Sent To Roundup MDL
WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation on Feb. 15 transferred to the multidistrict litigation in the U.S. District Court for the Northern District of California the case of a man who contends that his exposure to glyphosate, the active ingredient in the herbicide Roundup, caused him to develop NK/T-cell lymphoma (In Re: Roundup Products Liability Litigation, No. 2741, JPMDL).
Judge: Monsanto's Claim For Recovery Of Costs Related To PCB Contamination Fails
SPOKANE, Wash. - A federal judge in Washington on Feb. 14 dismissed a counterclaim brought by Monsanto Co. and its affiliates against the city of Spokane, ruling that the company failed to state a claim for recovering costs from the city for remediating its groundwater, which is contaminated with polychlorinated biphenyls (PCBs) (City of Spokane v. Monsanto Company, et al., No. 15-00201, E.D. Wash.; 2017 U.S. Dist. LEXIS 20846).
Judge: Claims Processor Must Not Contact Nuclear Waste Settlement Class Members
DENVER - A federal judge in Colorado on Feb. 14 ordered a third-party claims-processing company to cease communications with members of a settlement class in connection with a $375 million deal between residents and Dow Chemical Co. related to injuries suffered from exposure to nuclear waste (Merilyn Cook, et al. v. Rockwell International Corp., et al., No. 90-181, D. Colo.).
Judge Says Trespass, Nuisance Claims In Groundwater Contamination Case Valid
ALBANY, N.Y. - A federal judge in New York on Feb. 6 partially dismissed some groundwater contamination claims brought by a class of residents against Saint-Gobain Performance Plastics Corp. and Honeywell International Inc. for allegedly contaminating their drinking water with perfluorooctanoic acid (known as C8), ruling that the plaintiffs' trespass and nuisance claims were valid (Michelle Baker, et al. v. Saint-Gobain Performance Plastics Corp., et al., No. 16-917, N.D. N.Y.).
22 Plaintiffs: California Utility Is Liable For Arsenic, Uranium In Drinking Water
SANTA ANA, Calif. - Multiple California residents, in separate lawsuits based on a boilerplate complaint, on Feb. 13 filed their third amended complaints against Pacific Gas & Electric Co. (PGE) alleging that they had suffered "irreparable harm health injuries as a direct result of being poisoned with chemicals" from PGE's operations (Barbara A. Vinson v. Pacific Gas & Electric Company, No. 16-514, C.D. Calif.).
Judge Dismisses 1 Cause Of Action In Groundwater Case, Says Other Claims Stand
MINNEAPOLIS - A federal judge in Minnesota on Feb. 15 dismissed one cause of action but sustained the majority of a city's groundwater contamination lawsuit against 3M Co., finding that the company's argument that the city has not been deprived of its ability to use the groundwater is "unavailing" (City of Lake Elmo v. 3M Company, No. 16-2557, D. Minn.; 2017 U.S. Dist. LEXIS 22202).
Maryland Panel Reverses; Lead Paint Claim Against Property Managers Valid
ANNAPOLIS, Md. - A panel of the Maryland Court of Special Appeals on Feb. 9 reversed a trial court ruling and found that a real estate management company and its officials that were sued by a woman who contends that she was poisoned by lead-based paint while living in an apartment managed by the company were not entitled to summary judgment dismissing the claim (Shanece Coley v. 23rd Street Realty Company, et al., No. 2203, Sept. Term 2015, Md. Spec. App., 2017 Md. App. LEXIS 160.).
Panel Reverses, Says Lead Paint Poisoning Claim Should Be Dismissed
NEW YORK - A New York appellate court on Feb. 10 reversed a trial court ruling and concluded that a realty management company was entitled to summary judgment on a lead-poisoning claim on grounds that the plaintiff failed to show that his cognitive deficits were caused by exposure to lead-based paint (Adrian T., by his mother and natural guardian Filiberta T. v. Millshan Realty Co. LLC, No. 2751, 22004/06, N.Y. Sup., App. Div., 1st Dept., 2017 N.Y. App. Div. LEXIS 1047).