Subscribe: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News
http://www.lexisnexis.com/mealeys/rss/legalnews_emergingtoxictorts.xml
Added By: Feedage Forager Feedage Grade B rated
Language: English
Tags:
case  city  company  court  federal court  federal judge  federal  filed  flint  groundwater  judge  lawsuit  lead  sept  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®



 



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).



Split 6th Circuit Panel: Flint Water Crisis Lawsuit Belongs In State Court
CINCINNATI - A split panel of the Sixth Circuit U.S. Court of Appeals on Sept. 11 affirmed a district court's ruling and held that a lawsuit brought by residents of Flint, Mich., against the city and state environmental quality employees relating to the lead-contaminated drinking water crisis in the city belongs in state court (Melissa Mays, et al. v. City of Flint, Mich., et al., No. 16-2484, 6th Cir.; 2017 U.S. App. LEXIS 17502).



Attorney: Chevron Offers 'No Credible Argument' For Cost Tax In Lago Agrio Case
NEW YORK - The attorney representing a group of Ecuadorian residents who won an $18.5 billion judgment against Chevron Corp. for injuries, only to have it reversed, on Sept. 12 filed a letter with the presiding judge in the U.S. District Court for the Southern District of New York, arguing that the company offers "no credible argument" for its contention that the company is entitled to the taxation of costs in the litigation (Chevron Corporation v. Donziger, et al., Case No. 11 Civ. 691, S.D. N.Y.).



Former EPA Employee: Motion To Compel Deposition 'Baseless' In Roundup MDL
SAN FRANCISCO - A former employee of the Environmental Protection Agency on Sept. 5 filed a brief in the multidistrict litigation in California federal court related to the herbicide Roundup, arguing that he should be awarded money because he incurred "substantial financial fees" when he responded to a "baseless" motion to compel filed by counsel for the plaintiffs (In re: Roundup Products Liability Litigation, No. 2741 MDL, N.D. Calif.).



Judge Consolidates Cases Regarding EPA Permits For Alleged Environmental Polluter
WASHINGTON, D.C. - A federal judge in the District of Columbia on Sept. 13 consolidated five cases brought by environmental groups against Environmental Protection Agency Administrator Scott Pruitt contending that he is in violation of federal law regarding the approval of a permit for ExxonMobil's petrochemical manufacturing facility in Harris County, Texas (Environmental Integrity Project, et al. v. Scott Pruitt, No. 17-1439, D. D.C.).



Residents: C8 Injury Claims 'Cognizable'; Case Against Plastics Company Valid
CONCORD, N.H. - A group of New Hampshire residents who sued a plastics manufacturer alleging that it was liable for contaminating their drinking water with perfluorooctanoic acid (also known as C8), on Aug. 31 filed a brief contending that they "assert cognizable claims for injury"; therefore, the case should not be dismissed (Kevin Brown, et al. v. Saint-Gobain Performance Plastics Corporation, et al., No. 16-242, D. N.H.).



Judge Says Chemical Injury Plaintiff Did Not Allege His Water Was Tainted
ALBANY, N.Y. - A federal judge in New York on Sept. 5 dismissed a chemical injury lawsuit on grounds that the plaintiff failed to allege that his injuries were caused by contamination to his personal water supply (James Donavan v. Saint-Gobain Performance Plastics Corp., No. 16-294, N.D. N.Y.; 2017 U.S. Dist. LEXIS 143198).



Utility Company: Sierra Club's Costs Should Be Denied In Tainted Groundwater Case
RICHMOND, Va. - An electric utility company that has been found guilty of violating the Clean Water Act (CWA) by dumping arsenic into the groundwater filed a brief in Virginia federal court on Aug. 21 opposing the plaintiffs' bill of costs and contending that what is known as the CWA's fee shifting provision does not apply to the case at hand (Sierra Club v. Virginia Electric and Power Company, d/b/a Dominion Virginia Power, No. 15-112, E.D. Va.).



Judge Denies Injunction In Groundwater Contamination Case Against GE
CHICAGO - A federal judge in Illinois on Sept. 7 denied a motion for a mandatory permanent injunction sought by a company suing General Electric Co. for contaminating its groundwater (LAJIM LLC, et al. v. General Electric Co., No. 13-50348, N.D. Ill.; 2017 U.S. Dist. LEXIS 144704).



Evidence Would 'Inflame' Jury In Cancer Case, Company Says, Should Be Excluded
ASHEVILLE, N.C. - A company being sued for allegedly contaminating a North Carolina man's groundwater on Sept. 11 filed a brief in North Carolina federal court contending that the district court should exclude evidence regarding contamination on the east side of the company's former facility, evidence of the presence of chemicals other than benzene and evidence of alleged negligence because it would "inflame" the jury (Kent Stahle v. CTS Corporation, No. 14-48, W.D. N.C.).



Sherwin-Williams: Lead Paint Evidence On Risk-Contribution Theory Lacking
MILWAUKEE - The Sherwin-Williams Co. on Sept. 13 filed a statement of proposed material facts in Wisconsin federal court supporting its motion for dismissal of a lead-paint poisoning lawsuit against it and other former manufacturers of lead-based paint on grounds that the plaintiffs have not demonstrated a prerequisite need in order for the risk-contribution theory of liability to apply (Glenn Burton v. American Cyanamid, et al., No. 07-0303, E.D. Wis.).



Researchers Had Duty Of Care In Lead Abatement Study, Split Maryland Panel Rules
ANNAPOLIS, Md. - A split panel of the Maryland Court of Special Appeals on Sept. 6 reversed a trial court ruling and concluded that the Kennedy Krieger Institute (KKI) and parties affiliated with Johns Hopkins University had a special relationship with the sibling of a girl who was a participant in a lead-paint abatement study in the 1990s and that they owed the sibling a duty of care (Ashley Partlow v. Kennedy Krieger Institute, Nos. 44 and 530, Sept. Term, Md. Spec. App.; 2017 Md. App. LEXIS 906).



Battery Company: Design Changes Caused Chemical Injury Explosion On Fracking Rig
OKLAHOMA CITY - A company that is the third-party defendant in a lawsuit brought by a man who alleges that he suffered chemical injuries from a lithium battery pack that exploded on a hydraulic fracturing rig filed a brief in Oklahoma federal court on Sept. 13, contending that the fracking company's motion for summary judgment should be denied because "at the very least" an issue of fact remains regarding whether the fracking company's design changes to the battery pack were a proximate cause of the explosion at issue (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.).