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Cancer Victim: Monsanto Fraudulently Marketed Herbicide Roundup
NASHVILLE, Tenn. - A cancer victim on Sept. 24 sued Monsanto Co. in Tennessee federal court contending that it is liable for causing his injury as a result of manufacturing and fraudulently marketing the herbicide Roundup, which contains the active ingredient glyphosate (Robert Arms v. Monsanto Co., No. 19-374, E.D. Tenn.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 2, 2019 Category: Medical Law Source Type: news

Plaintiffs: Landlord Failed To Remediate Lead Paint Hazards
CLEVELAND - An Ohio man sued a property management company in state court on Aug. 30, contending that it was liable for lead-based paint injuries suffered by his family because it failed to remediate lead hazards on the premises and it failed to disclose the presence of those hazards (Dewayne Edwards, et al. v. CCF Properties LLC, No. 19-920917, Ohio Comm. Pls., Cuyahoga Co.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 17, 2019 Category: Medical Law Source Type: news

Company: Court Should Issue Final Judgment For Its Dismissal From Lead Case
MILWAUKEE - A former maker of lead-based paint that has been dismissed from an injury lawsuit against multiple manufacturers on Aug. 27 filed a brief in Wisconsin federal court arguing that the court should enter final judgment in the company's favor because doing so will expedite the court's analysis of the preclusive effect of that dismissal in the other white lead carbonate cases pending before the court (Glenn Burton v. American Cyanamid, et al., No. 07-0303, E.D. Wis.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 17, 2019 Category: Medical Law Source Type: news

3M Co. Removes Chemical Exposure Case To Federal Court
WILMINGTON, Del. - The 3M Co. on Sept. 6 removed a putative chemical exposure class action to Delaware federal court under the Class Action Fairness Act (CAFA) on grounds that the amount in controversy related to groundwater contamination and property damage exceeds $5 million (Doris Banks, et al. v. E.I. DuPont de Nemours& Company, et al., No. 19-1672, D. Del.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 17, 2019 Category: Medical Law Source Type: news

Groups, Tennessee Valley Authority Agree To Dismiss High Court Appeal
WASHINGTON, D.C. - Two Tennessee-based environmental groups on Sept. 4 filed a motion in the U.S. Supreme Court to dismiss an appeal of a Sixth Circuit U.S. Court of Appeals ruling over whether the Tennessee Valley Authority's (TVA) discharges from coal ash storage ponds violate the Clean Water Act (CWA), explaining that the parties had reached a settlement (Tennessee Clean Water Network, et al. v. Tennessee Valley Authority, No. 18-1307, U.S. Sup.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 17, 2019 Category: Medical Law Source Type: news

High Court: Solicitor General Can Participate In Clean Water Act Oral Arguments
WASHINGTON, D.C. - The U.S. Supreme Court on Aug. 23 granted the solicitor general's motion to participate in oral arguments in a case brought by environmental groups claiming that a Hawaii county should be required under the Clean Water Act (CWA) to obtain a National Pollutant Discharge Elimination System (NPDES) permit for discharges from a point source that reach the Pacific Ocean through soil and groundwater (Maui v. Hawai'i Wildlife Fund, et al., No. 18-260, U.S. Sup.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 17, 2019 Category: Medical Law Source Type: news

New York Can Enforce Cleanup Of Contaminated Site, 2nd Circuit Rules
NEW YORK - The state of New York can require a company to remediate a contaminated site in Buffalo, N.Y., pursuant to a 2002 consent decree, a Second Circuit U.S. Court of Appeals panel ruled Sept. 10, finding that the state anticipated that the company would clean up contamination that was known to be at the site when the parties entered into the agreement (New York v. PVS Chemicals Inc., No. 18-2537-cv, 2nd Cir., 2019 U.S. App. LEXIS 27193). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 17, 2019 Category: Medical Law Source Type: news

Judge: State Of Maryland Shows Causation For Some, Not All MTBE Claims
BALTIMORE - A federal judge in Maryland on Sept. 4 partially granted and partially denied motions to dismiss a methyl tertiary butyl ether (MTBE) groundwater contamination case against multiple gasoline companies brought by the state of Maryland, on grounds that the state established causation for some, but not all, of its claims (Maryland v. Exxon Mobil Corp., et al., No. ELH-18-459, D. Md., 2019 U.S. Dist. LEXIS 150177). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 17, 2019 Category: Medical Law Source Type: news

Water Authority Sues 3M, Others For Tainted Wells Caused By Firefighting Foam
CHARLESTON, S.C. - A Pennsylvania municipal water authority on Aug. 30 sued the 3M Co. and others in South Carolina federal court, alleging that they are liable for groundwater contamination from per- and polyfluoroalkyl substances (PFAS) contained in foam used to fight chemical fires (Warminster Township Municipal Authority v. 3M Company f/k/a Minnesota Mining and Manufacturing Co., et al., No. 19-2472, D. S.C.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 17, 2019 Category: Medical Law Source Type: news

Aqueous Film Complaints Should Not Be Amended, DuPont, Chemours Argue
CHARLESTON, S.C. - Two defendants in the multidistrict litigation pending in South Carolina federal court concerning aqueous film forming foam (AFFF) products on Sept. 13 filed a joint brief opposing multiple plaintiffs' attempts to amend their complaints, contending that the companies are not manufacturers of AFFF and, therefore, the proposed amendments would prejudice them (In re: Aqueous Film Forming Foams Products Liability Litigation, MDL No. 18-2873, D. S.C.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 17, 2019 Category: Medical Law Source Type: news

Chemours: District Court Should Block C8 Plaintiffs From Conducting Depositions
COLUMBUS, Ohio - The Chemours Co. on Sept. 9 filed a brief in Ohio federal court contending that it should grant the company's motion for a protective order and prevent the plaintiffs in the multidistrict litigation related to perfluorooctanoic acid (known as C8) from deposing the company's officers. Chemours also says the court should quash the plaintiffs' attempt to obtain documents (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 - September 17, 2019 Category: Medical Law Source Type: news

Flint Water Crisis Defendant: Proposed Class Definitions Are 'Overbroad'
ANN ARBOR, Mich. - A defendant in the lead-contaminated water crisis litigation in the city of Flint, Mich., on Sept. 10 filed a brief in Michigan federal court arguing that the plaintiffs in the litigation use "inappropriate, overbroad class definitions to get discovery to which they are not entitled" (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 - September 17, 2019 Category: Medical Law Source Type: news

Cancer Victim Seeks Damages For Monsanto's Malice In Selling Herbicide Roundup
LOS ANGELES - A cancer victim on Aug. 30 sued Monsanto Co. in California federal court contending that it is liable for his injury through fraudulent marketing of the herbicide Roundup, which contains the active ingredient glyphosate (Manuel Cobian v. Monsanto Company, No. 19-7588, C.D. Calif.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 17, 2019 Category: Medical Law Source Type: news

Mother: Monsanto's Fraud Led To Daughter's Cancer Death From Roundup Exposure
BOISE, Idaho - An Idaho woman on Sept. 11 sued Monsanto Co. in Idaho federal court, alleging that the company fraudulently marketed the herbicide Roundup, which contains the active ingredient glyphosate, and that as a result of the company's misrepresentation, the plaintiff's daughter died from cancer (Leslie Ann Adamson v. Monsanto Co., No. 19-350, D. Idaho). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 17, 2019 Category: Medical Law Source Type: news

Lowe's Removes Glyphosate Deceptive Trade Practices Case To Florida Federal Court
WEST PALM BEACH, Fla. - Lowe's Home Centers LLC on Sept. 9 removed to Florida federal court a lawsuit brought against it by a woman who says the company is violating the state deceptive trade practices act by selling the herbicide Roundup, which contains the active ingredient glyphosate. The woman maintains that glyphosate is carcinogenic (Yvette Helen Biddle v. Lowe's Home Centers LLC, No. 19-81251, S.D. Fla.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 17, 2019 Category: Medical Law Source Type: news