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Cancer Victim: Monsanto Is Liable Due To 'Wrongful Conduct' Regarding Glyphosate
MINNEAPOLIS - A cancer victim on Aug. 14 sued Monsanto Co. in Minnesota federal court, contending that exposure to glyphosate, the active ingredient in the company's herbicide Roundup, caused his T-cell lymphoma and that Monsanto is liable for "negligent and wrongful conduct" associated with the manufacture and distribution of the chemical (Clifford McCord v. Monsanto Company, No. 19-2252, D. Minn.). (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

Plaintiffs File Short-Form Complaints In Roundup MDL For Pretrial Proceedings
SAN FRANCISCO - Twelve separate short-form complaints against Monsanto Co. were filed Aug. 14 in the Roundup Products Liability Litigation multidistrict litigation pending in California federal court alleging that Monsanto is responsible for the plaintiffs' cancers as a result of exposure to glyphosate, the active ingredient in the herbicide Roundup (In re: Roundup Products Liability Litigation, MDL No. 2741, N.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

Documents Show Collaborative Effort To Defund Agency Critical Of Roundup
LOS ANGELES - A California law firm on Aug. 15 released documents that reveal that a consulting firm working for Monsanto Co. drafted language, in collaboration with counsel for the House Committee for Oversight and Government Reform, for legislators to add to a bill that would defund the International Agency for Research on Cancer (IARC), which had issued an unfavorable finding regarding Monsanto's herbicide Roundup in 2015. (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: Woman's Late Filing Of Lead Paint Case Did Not Prejudice Housing Authority
BROOKLYN, N.Y. - A New York state judge on July 25 granted a woman's motion for leave to file her lead-based paint poisoning claim against the New York City Housing Authority (NYCHA) late because the NYCHA was not prejudiced by the delay (Andrea Downing v. New York City Housing Authority, No. 501251/2019, N.Y. Sup., Kings Co., 2019 N.Y. Misc. LEXIS 4088). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - August 6, 2019 Category: Medical Law Source Type: news

Companies: JNOV Proper In Lead Paint Case Due To Remoteness From Causing Injury
MILWAUKEE - Three companies on July 19 filed separate reply briefs in Wisconsin federal court contending that they are entitled to judgment notwithstanding the verdict (JNOV) in a lead-based paint poisoning case in which the plaintiffs won $6 million. The companies contend that the plaintiffs did not properly address the remoteness argument (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 6, 2019 Category: Medical Law Source Type: news

6th Circuit Panel Refers Ford's Jurisdictional Argument To Merits Panel
CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel ruled July 23 that a merits panel should determine whether an appeal brought by residents who were denied intervention in a suit between Ford Motor Co. and the Michigan Department of Environmental Quality (MDEQ) over Resource Conservation and Recovery Act (RCRA) violations should be dismissed for lack of jurisdiction (Michigan Department of Environmental Quality, et al. v. Ford Motor Co., No. 19-1318, 6th Cir., 2019 U.S. App. LEXIS 22017). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - August 6, 2019 Category: Medical Law Source Type: news

Panel Denies Writs Of Mandate In Groundwater Case; Burden Of Proof Not Met
SAN JOSE, Calif. - In an unpublished opinion issued July 26, an appeals panel in California affirmed a judgment issued in 2017 that denied and dismissed two petitions for writ of mandate filed by two separate coalitions of residents that had challenged Monterey County's approval of a residential subdivision. The groups contended that the state failed to perform a proper environmental review and protect groundwater, but the panel said they did not meet their burden of proof (Highway 68 Coalition v. County of Monterey, No. H045253, Calif. App., 6th Dist., 2019 Cal. App. Unpub. LEXIS 4989). (Source: LexisNexis® Mealey's&...
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - August 6, 2019 Category: Medical Law Source Type: news

Judge: Groundwater Defendant May Move For Dismissal Despite Scheduling Order
WEST PALM BEACH, Fla. - A federal judge in Florida on July 29 denied residents' motion to strike a chemical company's motion for summary judgment and its motion to exclude expert testimony in a groundwater contamination lawsuit, concluding that nothing precludes the company from filing its motions before the deadline for the motions set in a scheduling order (Richard Cotromano, et al. v. United Technologies Corporation, et al., No. 13-80928, and Joseph Adinolfe, et al. v. United Technologies Corporation, et al., No 10-80840, S.D. Fla.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - August 6, 2019 Category: Medical Law Source Type: news

Judge: Legal Malpractice Adversary Case Belongs In Bankruptcy Court
NEW YORK - A federal bankruptcy judge in New York on July 18 refused to remand a legal malpractice case and declined a motion seeking his abstention from the case, which is an adversary proceeding in the Chapter 11 bankruptcy of Tronox Inc., on grounds that the matter involves allegations that could have arisen only as a result of the bankruptcy proceeding (Stanley Waleski v. Montgomery McCracken Walker& Rhoads [In re: Tronox Inc.], No. 09-10156, Adv. No. 19-1087, S.D. N.Y. Bkcy., 2019 Bankr. LEXIS 2217). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - August 6, 2019 Category: Medical Law Source Type: news

Shareholders: 3M Made False Statements About Risk From Chemical Litigation
TRENTON, N.J. - A group of shareholders on July 29 filed a class action in New Jersey federal court against the 3M Co. contending that it engaged in a scheme to defraud investors by issuing "false and misleading statements to conceal the truth" about 3M's exposure to legal liability related to its products known as per- and polyfluoroalkyl substances (PFAS) (Heavy& General Laborers' Locals 472& 172 Welfare Fund v. 3M Company, et al., No. 19-15982, D. N.J.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - August 6, 2019 Category: Medical Law Source Type: news

3M Removes State Of Vermont's Chemical Exposure, Groundwater Case To Federal Court
BURLINGTON, Vt. - The 3M Co. on July 31 removed to federal court a complaint filed against it by the state of Vermont, which argues that 3M is liable for groundwater contamination and other injuries from per- and polyfluoroalkyl substances (PFAS) related to the use of aqueous film forming foam (AFFF) (Vermont v. 3M Company, et al., No. 19-134, D. Vt.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - August 6, 2019 Category: Medical Law Source Type: news

Judge: DuPont Fails To Show 'Good Cause' For Mental Exam Of C8 Plaintiff
COLUMBUS, Ohio - A federal judge in Ohio on July 30 denied E.I. DuPont de Nemours& Co.'s motion to reconsider a previous discovery order that denied DuPont's request to subject a plaintiff in the multidistrict litigation related to perfluorooctanoic acid (known as C8) to a mental examination. The judge said DuPont failed to show "good cause" for the examination in question (In re: E.I. du Pont de Nemours and Co. C8 Personal Injury Litigation, MDL No. 2433, No. 13-2433, S.D. Ohio, 2019 U.S. Dist. LEXIS 128174). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - August 6, 2019 Category: Medical Law Source Type: news

Flint Water Crisis Plaintiffs Propose Interim Counsel To Negotiate A Settlement
ANN ARBOR, Mich. - Plaintiffs in the litigation related to the lead-contaminated water crisis in Flint, Mich., on July 29 moved in Michigan federal court for the appointment of interim sub-class settlement counsel, arguing that doing so allows the co-lead class counsel to continue litigating the case so that if a settlement cannot be reached, the class would not be prejudiced by having its attorneys "distracted from the goal of building their case" (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 - August 6, 2019 Category: Medical Law Source Type: news

Judge: Flint Plaintiffs May Amend Complaint, Include Bodily Integrity Claim
ANN ARBOR, Mich. - A federal judge in Michigan on Aug. 2 partially granted and partially denied a motion to amend a complaint filed by a plaintiff in the lead-contaminated water crisis litigation in the city of Flint, Mich., ruling that the defendants would not be prejudiced by the plaintiff's addition of claims for violation of bodily integrity (In re: Flint Water Cases [Walters v. Flint], No. 17-10164, E.D. Mich., 2019 U.S. Dist. LEXIS 129711). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - August 6, 2019 Category: Medical Law Source Type: news

3 Parties: Rulings That Clear Them Of Flint Charges Should Be Added To Record
CINCINNATI - Three defendants in the litigation related to the lead-contaminated water crisis in the city of Flint, Mich., on July 30 moved in the Sixth Circuit U.S. Court of Appeals to modify the record on appeal to include orders that they say clear them of criminal charges (Luke Waid, et al. v. Gov. Rick Snyder, et al., No. 19-1425, 6th Cir.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - August 6, 2019 Category: Medical Law Source Type: news