Aqueous Film Forming Foam New Jersey: 3M Co., Others Tainted Groundwater With Firefighting Chemicals
TRENTON, N.J. - The state of New Jersey on May 14 sued The 3M Co. and others, seeking damages for alleged damage to groundwater and other resources as a result of manufacturing and selling the firefighting chemical known as aqueous film forming foam (AFFF) (Gurbir S. Grewal, et al. v. The 3M Co., et al., No. LCV 2019847298, N.J. Super., Mercer Co.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - May 22, 2019 Category: Medical Law Source Type: news

DuPont C8 Judge Combines Cases, Says Mass Tort Has 'Reached Maturity'
COLUMBUS, Ohio - A federal judge in Ohio on May 13 combined five cases in each trial of post-settlement cases involved in the multidistrict litigation against E.I. du Pont de Nemours and Co. for alleged injuries connected to exposure to perfluorooctanoic acid (known as C8), saying the tort has "reached maturity" (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 80613). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - May 22, 2019 Category: Medical Law Source Type: news

Lago Agrio Attorney: Chevron's Motion To Compel Deposition 'Rife With Bad Faith'
NEW YORK - 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 May 7 filed a brief in New York federal court contending that Chevron's motion to compel the deposition of Donziger's wife, Laura Miller, "is rife with bad faith and ugly harassment" (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 - May 22, 2019 Category: Medical Law Source Type: news

City Of Flint Denies Claims In Water Crisis Case, Says Standing Is Lacking
ANN ARBOR, Mich. - The city of Flint, Mich., on May 15 filed an answer in Michigan federal court denying the allegations in the fourth amended consolidated complaint in the lead-contaminated water crisis case brought by 100,000 residents who say the city and Michigan state officials are liable for their injuries. The city also asserted affirmative defenses that the city lacks standing and the claims are barred (In re Flint Water Cases [Elnora Carthan, et al. v. Governor Rick Snyder, et al.], No. 16-10444, E.D. Mich.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - May 22, 2019 Category: Medical Law Source Type: news

Split 6th Circuit Denies Rehearing Of Flint Water Crisis Immunity Ruling
CINCINNATI - A divided en banc Sixth Circuit U.S. Court of Appeals on May 16 denied rehearing of a decision in which a panel held that the city of Flint, Mich., and some of its employees are not entitled to immunity in the lead-contaminated water crisis litigation brought by residents (Shari Guertin, et al. v. Michigan, et al., No. 17-1699, 6th Cir., 2019 U.S. App. LEXIS 14480). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - May 22, 2019 Category: Medical Law Source Type: news

Jury Awards More Than $2.05B To California Cancer Victims In Glyphosate Trial
OAKLAND, Calif. - A California jury on May 13 awarded a husband and wife suffering from cancer $2,055,206,172.77 in total damages against Monsanto Co., finding that the company was negligent in designing, manufacturing and supplying the herbicide Roundup, which was a "substantial factor" in causing their injuries (Alva Pilliod, et al. v. Monsanto Company, No. RG17862702, Calif. Super., Alameda Co.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - May 22, 2019 Category: Medical Law Source Type: news

Hawaiian County: U.S. High Court Should Reverse Clean Water Act Ruling
WASHINGTON, D.C. - The County of Maui, Hawaii, on May 9 filed a brief in the U.S. Supreme Court asking it to reverse a Ninth Circuit U.S. Court of Appeals' ruling that upheld a summary judgment award to five environmental groups that accused the county of violating the Clean Water Act (CWA) when discharging pollutants from its wells into the Pacific Ocean because point source permitting is required only where pollutants are being delivered to navigable waters by point sources (County of Maui v. Hawaii 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 - May 22, 2019 Category: Medical Law Source Type: news

Groups Seek Fees, Costs Related To Methane Case Against Trump Administration
SAN FRANCISCO - Environmental groups on April 30 filed a petition for fees and costs in a California federal court related to their lawsuit against the Trump administration with regard to its decision to suspend most of the requirements of the U.S. Bureau of Land Management (BLM) Waste Prevention rule that governs methane flaring at hydraulic fracturing sites, including sites on Native American lands (Sierra Club, et al. v. David Bernhardt, et al., No. 17-7187, N.D. Calif.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - May 8, 2019 Category: Medical Law Source Type: news

Judge: Groundwater Claims Against DuPont By Cape Fear Residents Are Valid
WILMINGTON, N.C. - A federal judge in North Carolina on April 19 partially granted and partially denied E.I. du Pont de Nemours& Co.'s motion to dismiss a groundwater contamination lawsuit, ruling that residents have plausible allegations for private nuisance, injury and the failure to act "reasonably" related to the company's discharge of chemicals into the environment (Victoria Carey, et al. v. E. I. DuPont de Nemours& Company, et al., No. 17-201, E.D. N.C.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - May 8, 2019 Category: Medical Law Source Type: news

Judge Adopts Recommendation To Dismiss Oil Dispersant Exposure Class Action
NEW ORLEANS - A federal judge in Louisiana on April 15 adopted a magistrate judge's recommendation to dismiss a class action claiming that exposure to dispersants used during the oil spill in the Gulf of Mexico following the explosion of the Deepwater Horizon oil rig in April 2010 caused injuries, finding that the suit was filed two days after the Feb. 4, 2019, deadline imposed by the Deepwater Horizon Medical Benefits Class Action Settlement Agreement (Michelle Kristine King, et al. v. BP Exploration& Production Inc., et al., No. 19-1081, E.D. La., 2019 U.S. Dist. LEXIS 64082). (Source: LexisNexis® Mealey's™ Em...
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - May 8, 2019 Category: Medical Law Source Type: news

Companies: Plaintiffs May Not Dismiss Chemical Exposure Case To Avoid Court Order
LEXINGTON, Ky. - Two companies filed a joint brief in Kentucky federal court on April 23 contending that the residents who brought a chemical exposure case against them should not be permitted to dismiss their federal case and proceed in a different forum because they are trying to avoid the obligations imposed by the district court's order that requires them to show medical injuries and property damage that can be traced to the defendants' facilities (Modern Holdings, LLC, et al. v. Corning, Inc., et al., No. 5:13-cv-00405, E.D. Ky.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - May 8, 2019 Category: Medical Law Source Type: news

Woman Sues New York Housing Authority For Lead Paint Poisoning, Alleges Fraud
BRONX, N.Y. - A woman sued the New York City Housing Authority (NYCHA) in New York state court on April 19, contending that she and her child have suffered personal injuries, economic damages and noneconomic damages as a result of fraud, misrepresentations and systemic failures of the NYCHA that resulted in their exposure to lead-based paint (Giselle Roman v. New York City Housing Authority, et al., No. 706981/2019, N.Y. Sup., Queens Co.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - May 8, 2019 Category: Medical Law Source Type: news

Split Maryland Appeals Panel Reverses Lead-Paint Class Settlement
ANNAPOLIS, Md. - A divided Maryland appellate panel on April 22 reversed a class action settlement in a lead-based paint injury case on grounds that the agreement interferes with enforcement authority of state and federal agencies that govern the transfer payment rights in structured settlements for tort victims (Consumer Protection Division v. Crystal Linton, No. 2609, Sept. Term 2017, Md. Spec. App., 2019 Md. App. LEXIS 340). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - May 8, 2019 Category: Medical Law Source Type: news

Companies: Incarceration Of Lead Plaintiff's Father Relevant In Paint Case
MILWAUKEE - The former makers of lead-based paint on May 1 filed a brief in a Wisconsin federal court contending that the testimony of a psychiatrist regarding the incarceration of the father of one of the plaintiffs is relevant, as is information about the criminal history of another relative of that same plaintiff (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 - May 8, 2019 Category: Medical Law Source Type: news

Plaintiffs: Ohio Tort Reform Act Not Applicable To C8 Injury Claims Against DuPont
COLUMBUS, Ohio - The plaintiffs who sued E.I. du Pont de Nemours and Co. for alleged injuries connected to exposure to perfluorooctanoic acid (known as C8) moved in Ohio federal court on April 25 for clarification of whether the Ohio Tort Reform Act (OTRA) applies to Ohio plaintiffs with claims currently pending in the multidistrict litigation (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 - May 8, 2019 Category: Medical Law Source Type: news