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Glyphosate Cancer Trial To To Proceed Without Exclusion Of Any Experts
MARTINEZ, Calif. - A California state court judge on Jan. 24 denied Monsanto Co.'s motion for summary judgment on preemption in a glyphosate cancer trial and ruled that no experts for the plaintiff or the defendant should be excluded from providing testimony (Kathleen Caballero v. Monsanto Company, No. MSC19-01821, Calif. Super., Contra Costa 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

9th Circuit Delays Briefing In Glyphosate Appeal To Aid Attorneys With Many Cases
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Jan. 29 delayed the filing of briefs in the appeal of an $80,267,644.10 glyphosate cancer verdict related to the herbicide Roundup to allow for the attorneys in the case to also fulfill their responsibilities in the separate multidistrict litigation for Roundup products liability litigation (Edwin Hardeman v. Monsanto Company, Nos. 19-16636 and 19-16255, 9th 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

U.S. High Court Refuses To Hear Immunity Case Dealing With Flint Lead Water Crisis
WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 21 denied certiorari in a case brought by current and former employees of the Michigan Department of Environmental Quality (MDEQ) who contended that a lower court erred when it held that some employees and the city of Flint, Mich., are not entitled to immunity in the litigation pertaining to the lead-contaminated water crisis in that city (Stephen Busch, et al. v. Shari Guertin, et al., No. 19-350, and City of Flint, et al. v. Shari Guertin, et al., No. 19-205, U.S. Sup. [consolidated]). (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

Insurer Owes Coverage For Lead Paint Dust Contamination, Illinois Panel Says
CHICAGO - A trial court erred in granting judgment in favor of a commercial general liability insurer because an underlying complaint filed against the insured seeking damages for lead paint dust contamination alleges an occurrence and constitutes property damage for which coverage is afforded, the an Illinois appellate panel said Dec. 31 (Owners Insurance Co. v. Precision Painting& Decorating Corp., No. 1-19-0926, Ill. App., 1st Dist., Div. 3, 2019 Ill. App. Unpub. LEXIS 2425). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 22, 2020 Category: Medical Law Source Type: news

Parties In Lead Paint Case Move Jointly For Extension; Possible Settlement Pending
NEW HAVEN, Conn. - A lead-paint poisoning plaintiff on Jan. 9 moved jointly with the city of New Haven in Connecticut state court seeking an extension of time for the plaintiff to reply to the city's motion to dismiss in order to review the case and explore the possibility of a settlement (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 - January 22, 2020 Category: Medical Law Source Type: news

Groups: Plastics Facility Will Contaminate Groundwater; Permits Approved Wrongly
WASHINGTON, D.C. - The Center for Biological Diversity (CBD) and other environmental groups sued the U.S. Army Corps of Engineers in District of Columbia District Court on Jan. 15 seeking declaratory and injunctive relief related to the Corps' decision to issue federal permits for the construction of a plastics facility in Louisiana, contending that it will damage groundwater and have other detrimental effects on the environment (Center for Biological Diversity, et al v. U.S. Army Corps of Engineers, et al., No. 20-103, D. D.C.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 22, 2020 Category: Medical Law Source Type: news

Couple: Class Certification Required In Groundwater Case Tied To Chicken Plant
GEORGETOWN, Del. - A Delaware couple on Jan. 13 filed a brief in state court contending that it should certify a class of plaintiffs who have sued a chicken processing plant that the couple says has contaminated the local groundwater with wastewater (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 - January 22, 2020 Category: Medical Law Source Type: news

Water Case Nixed; Judge Says Perfluorinated Chemicals Are Not Hazardous Substances
PHILADELPHIA - A federal judge in Pennsylvania on Jan. 15 ruled that perfluorooctane sulfonate (PFOS) and pefluorooctanic acid (PFOA), which are two types of perfluorinated compounds (PFCs), are not hazardous substances under Pennsylvania's Hazardous Sites Cleanup Act (HSCA); therefore, the U.S. Department of the Navy is not liable for remediation of local residents' groundwater contamination (Kristen Giovanni, et al. v. U.S. Department of the Navy, No. 16-4873, Dorothy Palmer, et al. v. U.S. Department of the Navy, No. 17-765, E.D. Pa.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 22, 2020 Category: Medical Law Source Type: news

Donziger: Home Confinement Is 'Oppressive And Abusive'; No Flight Risk Posed
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 Jan. 9 filed an application in the Second Circuit U.S. Court of Appeals seeking the elimination of his home confinement and an expedited hearing, contending that he presents "absolutely no risk of flight" (United States of America 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 - January 22, 2020 Category: Medical Law Source Type: news

C8 Plaintiffs: Evidence Of DuPont's Prior Settlement Payments Should Be Precluded
COLUMBUS, Ohio - Two plaintiffs in the multidistrict litigation against E.I. du Pont de Nemours& Co. for injuries related to perfluorooctanoic acid (known as C8) on Jan. 13 moved in Ohio federal court to preclude the admission of evidence related to DuPont's settlement payments to other plaintiffs (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 - January 22, 2020 Category: Medical Law Source Type: news

Cancer Victim Sues Monsanto, Seeks Damages For Roundup Exposure
SAN FRANCISCO - A Minnesota man sued Monsanto Co. on Jan. 13 in the Roundup Products Liability multidistrict litigation in California federal court, seeking damages for negligent and wrongful conduct related to the company's promotion and marketing of the herbicide Roundup, which contains the active ingredient glyphosate (In re: Roundup Products Liability Litigation [David Bayerl v. Monsanto Co.], MDL No. 2741, No. 20-270, N.D. Calif.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 22, 2020 Category: Medical Law Source Type: news

Cancer Victim Says Monsanto Fraudulently Marketed Its Herbicide Roundup
BROOKLYN, N.Y. - A cancer victim on Dec. 30 sued Monsanto Co. in New York federal court contending that its fraudulent marketing of the herbicide Roundup, which contains the active ingredient glyphosate, is responsible for his injury (Brian Short v. Monsanto Co., No. 19-7286, E.D. N.Y.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 22, 2020 Category: Medical Law Source Type: news

Monsanto Files Brief For Dismissal 2 Days Before Glyphosate Trial Set To Begin
MARTINEZ, Calif. - Monsanto Co. filed a brief in support of summary judgment dismissal in California state court on Jan. 15, just two days before the trial was slated to begin, arguing that a woman's glyphosate cancer lawsuit is barred by the express preemption clause in the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) (Kathleen Caballero v. Monsanto Company, et al., No. MSC19-01821, Calif. Super., Contra Costa Co.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 22, 2020 Category: Medical Law Source Type: news

House Of Representatives Passes Bill Setting Standards For PFAS Chemicals
WASHINGTON, D.C. - The U.S. House of Representatives on Jan. 10 voted 247-159 in favor of a measure that would require perfluoroalkyl and polyfluoroalkyl (PFAS) substances to be listed as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 22, 2020 Category: Medical Law Source Type: news

Michigan Seeks Damages From 3M, DuPont And Others For PFAS Chemical Contamination
ANN ARBOR, Mich. - The Michigan attorney general on Jan. 14 sued 3M Co., E.I. du Pont de Nemours& Co. and others in state court, seeking punitive damages to "hold some of the largest chemical companies in the world accountable for their culpable conduct" related to contamination from perfluoroalkyl and polyfluoroalkyl (PFAS) substances throughout the state (Attorney General Dana Nessel v. 3M Company, et al., No. N/A, Mich. Cir., 22nd Cir., Washtenaw Co.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 22, 2020 Category: Medical Law Source Type: news