LexisNexis® Mealey's™ Emerging Toxic Torts Legal News This is an RSS file. You can use it to subscribe to this data in your favourite RSS reader or to display this data on your own website or blog.

Michigan Employees: High Court Should Review 'Erroneous' Flint Water Crisis Ruling
WASHINGTON, D.C. - Current and former employees of the Michigan Department of Environmental Quality (MDEQ) on Jan. 7 filed a reply brief in the U.S. Supreme Court contending that a lower court's "erroneous" ruling impacts many cases involving the Flint water crisis and that the residents who opposed certiorari "offer no compelling reason why this case should not be reviewed now" (Stephen Busch, et al. v. Shari Guertin, et al., No. 19-350, U.S. Sup.). (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

6th Circuit Reinstates Clean Water Act Suit Over Pesticide Use
CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on Dec. 17 reinstated a man's citizen suit accusing a local sanitary district of violating the Clean Water Act (CWA) by failing to create a management plan for discharges of pesticide used to control mosquitoes, holding that his notice of intent to sue was sufficient because it listed the date of violation as the month the district's National Pollutant Discharge Elimination System (NPDES) permit became effective (Matt Cooper v. Toledo Area Sanitary District, No. 19-3216, 6th Cir., 2019 U.S. App. LEXIS 37235). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 7, 2020 Category: Medical Law Source Type: news

Judge Grants Injunction For Drinking Water Rules Pertaining To PFAS Chemicals
CONCORD, N.H. - A New Hampshire state court judge on Nov. 26 granted a preliminary injunction to a water and sewer agency regarding rules it promulgated for the levels of various per- and poly-fluoroalkyl substances in drinking water but stayed implementation of the order to allow for either party in the lawsuit to appeal the ruling (Plymouth Village Water& Sewer District, et al. v. Robert R. Scott, No. 217-2019-CV-00650, N.H. Super., Merrimack Co., 2019 N.H. Super. LEXIS 18). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 7, 2020 Category: Medical Law Source Type: news

Judge Orders Jurisdictional Discovery In Groundwater Contamination Case
ALBANY, N.Y. - A federal judge in New York on Jan. 2 ordered jurisdictional discovery in a consolidated groundwater lawsuit related to perfluorooctanoic acid (PFOA) contamination, ruling that although the district court lacked general or alter-ego jurisdiction, Saint-Gobain Corp. may be subject to personal jurisdiction (In re: Hoosick Falls PFOA Cases, No. 19-220, N.D. N.Y.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 7, 2020 Category: Medical Law Source Type: news

Judge Denies Navy's Stay Request Pending Hazardous Substance Determination
PHILADELPHIA - The U.S. Department of the Navy's request for a six-month stay of a consolidated lawsuit pending a determination from the federal government and the commonwealth of Pennsylvania as to whether perfluorooctane sulfonate (PFOS) and pefluorooctanic acid (PFOA) are hazardous substances was denied by a federal judge in Pennsylvania on Dec. 16 after he found that the interests of the plaintiffs outweigh those of the Navy (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., 2019 U.S. Dist. LEXIS 215446). (Source: LexisNexi...
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 7, 2020 Category: Medical Law Source Type: news

Judge: Residents Barred From Seeking Investigative, Relocation Costs Under CERCLA
FORT WAYNE, Ind. - Residents of a housing complex that was built on property that was later designated a Superfund site cannot seek to recover costs for the investigation of lead and arsenic contamination and relocation to temporary housing under the Comprehensive Environmental Response, Compensation, and Liability Act, a federal judge in Indiana ruled Dec. 16 in granting a motion for partial summary judgment filed by E.I. du Pont de Nemours and Co. and The Chemours Co., finding that the plaintiffs were required to pay their attorney for the investigative costs pursuant to a retainer agreement and that the U.S. Environment...
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 7, 2020 Category: Medical Law Source Type: news

Florida High Court: $5.21M Verdict Valid Based On Statute's Damages Definition
TALLAHASSEE, Fla. - The Florida Supreme Court on Dec. 19 reinstated a $5,211,500 award to a man who sought personal injury damages for chemical exposure using a state statute typically applied to chemical damage from pollution to local waterways. The Supreme Court said the definition of "all damages" in the statute covered his injuries (Charles L. Lieupo v. Simon's Trucking Inc., No. 18-657, Fla. Sup.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 7, 2020 Category: Medical Law Source Type: news

West Virginia High Court: Malpractice Claims Fail In Drinking Water Class Action
CHARLESTON, W.Va. - The West Virginia Supreme Court of Appeals on Dec. 20 affirmed a lower court and ruled that a man did not have a legal malpractice case against attorneys he says failed to properly represent him by ensuring that he had opted out of a class action settlement pertaining to groundwater contamination claims (Richard Gravely v. Anthony J. Majestro, et al., No. 19-30, W. Va. Sup., 2019 W.Va. LEXIS 661). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 7, 2020 Category: Medical Law Source Type: news

Judge Stays Discovery Between DowDuPont, Chemours In C8 Litigation Liability Case
WILMINGTON, Del. - A Delaware state court judge on Dec. 18 issued a partial bench ruling in which he stayed discovery in a lawsuit brought by the Chemours Co., a spinoff company of E.I. du Pont de Nemours& Co., which contends that DowDuPont seeks to "avoid accountability for environmental costs through a campaign of transactional engineering" related to litigation brought against it for injuries allegedly caused by exposure to perfluorooctanoic acid (PFOA), also called C8. Vice Chancellor Sam Glasscock III did not elaborate on the reason for his decision (The Chemours Company v. DowDuPont Inc., No. 2019-0351, Del. Chanc.)....
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 7, 2020 Category: Medical Law Source Type: news

Donziger Appeals 2 Cases To 2nd Circuit In Lago Agrio Judgment Litigation
NEW YORK - Steve 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 Dec. 12 filed notices of appeal in the Second Circuit U.S. Court of Appeals in two separate but related cases pertaining to the judgment (Chevron Corporation v. Steven Donziger, No. 19-4091; 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 7, 2020 Category: Medical Law Source Type: news

Flint Plaintiffs: Defendants May Not Increase Time For Depositions In Water Case
ANN ARBOR, Mich. - Plaintiffs in the litigation pertaining to the lead-contaminated water crisis in Flint, Mich., on Dec. 30 filed a brief in Michigan federal court contending that the district court should deny a motion filed by defendants who seek additional time for their own depositions and a reduction in time allotted for the plaintiffs. The plaintiffs contend that the defendants cite no evidence in support of their motion (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 - January 7, 2020 Category: Medical Law Source Type: news

Home Depot: Glyphosate Case Should Be Dismissed Based On Federal Preemption
LOS ANGELES - Home Depot U.S.A. Inc. on Dec. 13 filed a brief in California federal court arguing that it should dismiss a lawsuit brought against the company related to the sale of the herbicide Roundup, which contains the active ingredient glyphosate, because the case is preempted by the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) (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 - January 7, 2020 Category: Medical Law Source Type: news

Government: Attorney Tried To Extort Money From Company Related To Roundup Cases
CHARLOTTESVILLE, Va. - The U.S. government on Dec. 16 filed a criminal complaint in Virginia federal court against an attorney it claims engaged in interstate communication with parties from whom he intended to extort money under the guise of providing consulting services related to litigation involving the herbicide Roundup, which contains the active ingredient glyphosate (United States of America v. Timothy Litzenburg, No. 19-69, W.D. Va.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 7, 2020 Category: Medical Law Source Type: news

Judge Remands Roundup Case, Says Claims Against Local Party Not 'Wholly Frivolous'
SAN FRANCISCO - A federal judge in California on Dec. 17 issued an order remanding a glyphosate cancer lawsuit against Monsanto Co. to California state court, despite the company's contention that the state defendants named in the complaint had been fraudulently joined (Victor Berliant, et al. v. Monsanto Company, et al., No. 19-7189, N.D. Calif.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 7, 2020 Category: Medical Law Source Type: news

Glyphosate Case Alleging Fraudulent Concealment Against Monsanto Sent To MDL
SAN FRANCISCO - A Texas woman who sued Monsanto Co. alleging that its fraudulent concealment of the health risks associated with the herbicide Roundup, which contains glyphosate, led to her exposure and eventual cancer had her case transferred to the multidistrict litigation for Roundup Products Liability Litigation in California federal court (Emma Ronay v. Monsanto Company, No. 19-7930, MDL 2741, N.D. Calif.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - January 7, 2020 Category: Medical Law Source Type: news