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Home Depot Removes Glyphosate Unfair Trade Practices Case To Federal Court
WEST PALM BEACH, Fla. - The Home Depot USA Inc. on Aug. 19 removed to Florida federal court a complaint brought by a woman who contends that the company has violated unfair trade practices law by selling the herbicide Roundup because it contains the chemical glyphosate, which she alleges is carcinogenic (Aimee Waters v. Home Depot USA Inc., No. 19-81167, S.D. Fla.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 3, 2019 Category: Medical Law Source Type: news

Glyphosate Cancer Victim: Punitive Damages Against Monsanto Are Valid
SAN FRANCISCO - A groundskeeper whose $289 million award against Monsanto Co. was ultimately reduced to $78 million in his glyphosate cancer lawsuit filed a brief in a California appeals court on Aug. 19 contending that the punitive damages award is not only supported by the evidence but also should not have been reduced (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 - September 3, 2019 Category: Medical Law Source Type: news

Monsanto Appeals Glyphosate Verdict, Denial Of JNOV To 9th Circuit
SAN FRANCISCO - Monsanto Co. on Aug. 22 filed a notice of appeal in the Ninth Circuit U.S. Court of Appeals in a glyphosate cancer case in which a man had his award reduced from $75 million to $20 million by a federal judge in California (Edwin Hardeman v. Monsanto Company, No. 19-16636, 9th Cir.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 3, 2019 Category: Medical Law Source Type: news

Judge Certifies Class, Issues Injunction For Remediation Of Lead Paint Hazards
NEW HAVEN, Conn. - A state court judge in Connecticut on Aug. 12 certified a class of children with elevated blood-lead levels and issued a temporary injunction that requires the abatement of lead-based paint hazards in the city of New Haven, Conn. (Nichelle Hobby, et al. v. City of New Haven, No. NHH-CV-19-5003875-S, Conn. Super., New Haven Jud. Dist.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - August 21, 2019 Category: Medical Law Source Type: news

Sherwin-Williams: Criteria Not Met In Lead Paint Case; JNOV, New Trial Warranted
MILWAUKEE - The Sherwin-Williams Co. on Aug. 2 filed a reply brief in Wisconsin federal court contending that in a lead-based paint poisoning case in which the plaintiffs won $6 million, they failed to satisfy the conditions of risk contribution theory and, therefore, the company is entitled to judgment notwithstanding the verdict (JNOV) or a new trial (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 - August 21, 2019 Category: Medical Law Source Type: news

13 States, District Of Columbia Support Environmental Groups In Discharge Suit
WASHINGTON, D.C. - Thirteen states and the District of Columbia filed an amicus curiae brief in the nation's high court July 19 in support of environmental groups seeking affirmation of a Ninth Circuit U.S. Court of Appeals' ruling that held a Hawaii county was 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, arguing that the act promotes federalism by empowering states to protect their navigable waterways (County of Maui v. Hawai'i Wildlife Fund, et al., No. 18-26...
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - August 21, 2019 Category: Medical Law Source Type: news

Judge Finds Residents Unable To State CERCLA Claims Over Landfill Contamination
BUFFALO, N.Y. - A federal judge in New York on Aug. 5 dismissed an amended complaint filed by residents who live near a landfill who are seeking cost recovery and contribution under the Comprehensive Environmental Response, Compensation, and Liability Act, finding that the plaintiffs failed to sufficiently state claims under the statute (Alicia Bellafaire, et al. v. Town of Wheatfield, et al., No. 18-cv-00560, W.D. N.Y., 2019 U.S. Dist. LEXIS 134292). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - August 21, 2019 Category: Medical Law Source Type: news

Residents: Gag Order In Groundwater Case Is Unconstitutional
GEORGETOWN, Del. - A group of Delaware residents on Aug. 13 filed a brief in Delaware state court contending that a gag order sought by a chicken processing company, which the plaintiffs say is liable for groundwater contamination from the wastewater produced at its plant, is unconstitutional (John Albright, et al. v. Mountaire Farms of Delaware Inc., et al., No. S18C-08-033, Del. Super., Sussex Co.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - August 21, 2019 Category: Medical Law Source Type: news

Groundwater Defendants: Plaintiffs Fail To Meet Class Certification Requirements
CONCORD, N.H. - Defendants that were sued for allegedly contaminating the drinking water in a New Hampshire community filed a brief in New Hampshire federal court on July 16, contending that it should not grant class certification on grounds that the plaintiffs cannot meet the requirements under Federal Rule of Civil Procedure 23(b) (Kevin Brown, et al. v. Saint-Gobain Performance Plastics Corporation, et al., No. 16-242, D. N.H.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - August 21, 2019 Category: Medical Law Source Type: news

Judge Stays Groundwater Case As Company Contests Order To Pay Remediation Costs
SAN JUAN, Puerto Rico - A federal judge in Puerto Rico on July 26 granted a motion to stay a groundwater contamination lawsuit pending an appeal by an industrial development company that was ordered to pay $5.3 million to the government for costs incurred pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) related to remediation of toxins at the Maunabo Area Groundwater Contamination Superfund site (United States v. Puerto Rico Industrial Development Co., No. 15-2328, D. Puerto Rico). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - August 21, 2019 Category: Medical Law Source Type: news

California Explores Chlorpyrifos Ban In Response To Trump Administration's Move
SACRAMENTO, Calif. - Two California agencies on Aug. 14 announced that they have convened a combined working group to "identify, evaluate and recommend safer, sustainable pest management solutions that can replace the pesticide chlorpyrifos," as the state of California looks to ban chlorpyrifos in response to the Trump administration's decision to reverse a ban on the chemical at the federal level. (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - August 21, 2019 Category: Medical Law Source Type: news

Groups Seek Review Of EPA Order That Denied Petition To Ban Insecticide From Food
SAN FRANCISCO - Environmental advocacy groups on Aug. 7 filed a petition in the Ninth Circuit U.S. Court of Appeals seeking review of an order issued by the U.S. Environmental Protection Agency that denied the groups' previous objection to the EPA's decision not to ban the insecticide chlorpyrifos from being used in food (League of United Latin American Citizens, et al. v. Andrew Wheeler, et al., No. 19-71979, 9th Cir.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - August 21, 2019 Category: Medical Law Source Type: news

Judge Orders Criminal Probe Of Steven Donziger For Contempt In Chevron Dispute
NEW YORK - A federal judge in New York on Aug. 5 ordered a clerk to open a criminal docket for a contempt proceeding against Steven R. Donziger, the attorney who won an $18.5 billion judgment against Chevron in a court in Ecuador for injuries only to have it reversed. The judge said Donziger is in violation of protocols that govern the surrender of his electronic devices and his passport (Chevron Corporation v. Steven Donziger, No. 11-691, S.D. N.Y.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - August 21, 2019 Category: Medical Law Source Type: news

EPA Letter Tells California To Change Glyphosate Warning Labels
WASHINGTON, D.C. - The U.S. Environmental Protection Agency on Aug. 7 sent a letter to California telling it that the state's listing of glyphosate as a substance that is believed to cause cancer under Proposition 65 constitutes a "false and misleading statement," and the EPA asked California to remove the language from product labels. (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - August 21, 2019 Category: Medical Law Source Type: news

Man: Home Depot Is Violating California Laws By Selling Herbicide Roundup
LOS ANGELES - A California resident on Aug. 5 sued Home Depot U.S.A. Inc. in California federal court alleging that the company is violating state laws by selling the herbicide Roundup, which contains glyphosate (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 - August 21, 2019 Category: Medical Law Source Type: news