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Philadelphia School District Demands Jury Trial For Lead Poisoning Claims
PHILADELPHIA - The School District of Philadelphia on Jan. 17 filed a demand in Pennsylvania federal court for a jury trial in a lawsuit brought by a family that contends that the district is liable for creating a public health crisis by failing to properly inspect an elementary school for toxic lead-based paint (D.P., a minor by his parents and natural guardians v. School District of Philadelphia, No. 19-5799, E.D. Pa.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - February 4, 2020 Category: Medical Law Source Type: news

Judge: Groundwater Case Against Delaware Chicken Processing Plant May Proceed
GEORGETOWN, Del. - A Delaware state court judge on Jan. 30 denied a motion to dismiss a lawsuit against a chicken processing plant that a couple says has contaminated the local groundwater with wastewater, ruling that state's environmental control act applies to the situation at hand (Gary and Anna-Marie Cuppels, et al. v. Mountaire Corporation, et al., No. S18C-06-009 ESB, Del. Super., Sussex Co.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - February 4, 2020 Category: Medical Law Source Type: news

4 Teachers Sue Airline In California Alleging Pilot Dumped Fuel On Playground
LOS ANGELES - A Delta Airlines pilot negligently dumped a large amount of toxic jet fuel on students and teachers on an elementary school playground, four teachers allege in a complaint filed Jan. 17 in a California state court (Lisette Barajas, et al. v. Delta Airlines Inc., et al., No. 20STCV02116, Calif. Super., Los Angeles Co.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - February 4, 2020 Category: Medical Law Source Type: news

Order Denying Intervention In Groundwater Case Is Not Appealable, Panel Says
CIRCLEVILLE, Ohio - An Ohio appellate panel on Jan. 16 dismissed an appeal filed by a water association that sought to intervene in a perfluorooctanoic acid (PFOA) groundwater contamination case brought by the state of Ohio against E.I. du Pont de Nemours& Co., concluding that the order that denied the right to intervene was not final and appealable (State ex rel. Michael DeWine Attorney General of Ohio v. E.I. DuPont de Nemours& Co., No. 19CA15, Ohio App., 4th Dist., Washington Co., 2020 Ohio App. LEXIS 174). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - February 4, 2020 Category: Medical Law Source Type: news

Judge Grants Order Prohibiting Defendant's Deposition In Flint Water Crisis Case
ANN ARBOR, Mich. - A federal judge in Michigan on Jan. 25 granted a protective order to prohibit the deposition testimony of one of the defendants in the litigation pertaining to the lead-contaminated water crisis in Flint, Mich., and ordered a committee to finalize a plan for a pool of bellwether cases to go to trial (In re Flint Water Cases, No. 16-10444, E.D. Mich.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - February 4, 2020 Category: Medical Law Source Type: news

Flint Residents: Former Governor, Others Liable For Lead Poisoning
ANN ARBOR, Mich. - A group of Flint, Mich., residents on Jan. 23 filed a short-form complaint as part of the ongoing litigation pending over the lead-contaminated water crisis in that city, contending that former Gov. Rick Snyder and others are liable for bodily injury from lead poisoning (Queenie Anderson, et al. v. Flint, et al. [In re Flint Water Cases], No. 20-10171, 16-10444, E.D. Mich.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - February 4, 2020 Category: Medical Law Source Type: news

Donziger's Attorney To Seek Disqualification Of Attorney In Criminal Proceeding
NEW YORK - The attorney for Steven R. Donziger, the attorney who won an $18.5 billion judgment against Chevron Corp. in a court in Ecuador for injuries only to have it reversed, on Jan. 20 sent a letter to the New York federal judge presiding over the government's criminal case against Donziger stating that he intends to move to disqualify the prosecuting law firm (United States v. Donziger, No. 19-561, S.D. N.Y.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - February 4, 2020 Category: Medical Law Source Type: news

Government: Donziger Poses Flight Risk; Home Detention And Monitoring Are Valid
NEW YORK - The U.S. government on Jan. 21 filed a brief in the Second Circuit U.S. Court of Appeals contending that a district court did not commit clear error by finding that attorney Steven R. Donziger, who won an $18.5 billion judgment against Chevron Corp. in a court in Ecuador for injuries only to have it reversed, poses a flight risk and that home detention and electronic monitoring are warranted (United States v. Donziger, No. 19-4155, 2nd Cir.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - February 4, 2020 Category: Medical Law Source Type: news

Judge Denies DuPont's Attempt To Exclude Expert Opinions About Corporate Conduct
COLUMBUS, Ohio - A federal judge in Ohio on Jan. 19 denied a motion by E.I. du Pont de Nemours& Co. that sought to exclude expert opinions related to corporate conduct in the multidistrict litigation related to injuries 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). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - February 4, 2020 Category: Medical Law Source Type: news

Panel Denies DuPont Mandamus In C8 Case, Says 'Irreparable Damage' Not Alleged
CINCINNATI - A panel of the Sixth Circuit U.S. Court of Appeals on Jan. 17 denied E.I. du Pont de Nemours& Co.'s petition for a writ of mandamus in the multidistrict litigation related to injuries from perfluorooctanoic acid (known as C8) contamination in groundwater, ruling that DuPont failed to allege "unusual, unreasonable, or irreparable damage" due to the MDL court's ruling that prevented it from relitigating issues that were dealt with in three prior bellwether trials (In re: E.I. du Pont de Nemours and Co. C8 Personal Injury Litigation, 19-4226, 6th Cir.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - February 4, 2020 Category: Medical Law Source Type: news

EPA Says It Did Not Identify Any Human Health Risks From Glyphosate Exposure
WASHINGTON, D.C. - The U.S. Environmental Protection Agency on Jan. 22 issued an interim registration review decision for glyphosate and its various salt forms in which the agency said it did not identify any human health risks from exposure to glyphosate, although there is a "potential ecological risk" to mammals and birds. (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - February 4, 2020 Category: Medical Law Source Type: news

Cancer Victim: Monsanto Knew Roundup Was 'Defective,' Misrepresented Its Safety
BUFFALO, N.Y. - A New York cancer victim on Jan. 30 sued Monsanto Co. in New York federal court, seeking damages for the company's "negligent and wrongful conduct" related to the marketing and sale of the herbicide Roundup, which contains the active ingredient glyphosate. She says Monsanto knew that Roundup was "defective" and "dangerous to human health" (Barbara Rieman v. Monsanto Company, No. 20-117, W.D. N.Y.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - February 4, 2020 Category: Medical Law Source Type: news

Judge Denies Home Depot Dismissal Of Roundup Case Due To Improper Brief
LOS ANGELES - A federal judge in California on Jan. 21 denied Home Depot U.S.A. Inc.'s motion to dismiss a lawsuit brought against the company related to the sale of the herbicide Roundup, which contains the active ingredient glyphosate. The judge said that when Home Depot filed its brief supporting dismissal, it improperly referenced materials outside the pleadings (James Weeks v. Home Depot U.S.A. Inc., No. 19-6780, C.D. Calif.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - February 4, 2020 Category: Medical Law Source Type: news

Roundup Trial Delayed 'To Provide Room' For Settlement Talks, Bayer Corp. Says
ST. LOUIS - The Missouri state court judge presiding over the first glyphosate cancer trial against Monsanto Co. to be held outside of California on Jan. 24 issued an indefinite continuance of the proceedings, which that were slated to start that day, and Bayer Corp., Monsanto's parent company, issued a statement the same day saying the postponement of the trial was "to provide room for the parties to continue the mediation process in good faith" (Christopher Wade v. Monsanto Company, No. 1722CC-00370, Mo. Cir., 22nd Jud. Cir., St. Louis). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - February 4, 2020 Category: Medical Law Source Type: news

California Appeals Panel Seeks Briefing On Monsanto's Glyphosate Preemption Issue
SAN FRANCISCO - A California appellate panel on Jan. 21 issued a docket entry order in which it asked for additional briefing from a glyphosate cancer victim and Monsanto Co., the maker of the herbicide Roundup, regarding the company's argument that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts the lawsuit in the first place (DeWayne Johnson v. Monsanto Company, Nos. A155940 and A156706, Calif. App., 1st Dist.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - February 4, 2020 Category: Medical Law Source Type: news