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Glyphosate Plaintiff Attorney: Cancer Trial Sanctions Were An Abuse Of Discretion
SAN FRANCISCO - An attorney on Dec. 18 filed a brief in the Ninth Circuit U.S. Court of Appeals, arguing that a lower court judge abused his discretion when he sanctioned her during a glyphosate cancer trial in which her client won $80,267,644.10 against Monsanto Co. The verdict was later reduced, and the plaintiff appealed to the Ninth Circuit (Edwin Hardeman v. Monsanto Company, Nos. 196253 and 19-16255, 9th 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

Monsanto: 9th Circuit Should Reverse Roundup Verdict Based On Numerous Errors
SAN FRANCISCO - The Monsanto Co. on Dec. 13 filed a brief in the Ninth Circuit U.S. Court of Appeals, arguing that a lower court erred in a trial about the herbicide Roundup when it admitted into evidence the conclusion reached by the International Agency for Research Cancer (IARC) that glyphosate, the active ingredient in Roundup, is carcinogenic (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 - January 7, 2020 Category: Medical Law Source Type: news

U.S. Government, Others File Briefs Favoring Monsanto's Glyphosate Verdict Appeal
SAN FRANCISCO - The U.S. government on Dec. 20 filed an amicus curiae brief in the Ninth Circuit U.S. Court of Appeals in support of Monsanto Co.'s appeal of a glyphosate cancer verdict, contending that the plaintiff's claims of failure to warn regarding Monsanto's labeling of the herbicide Roundup, which contains the active ingredient glyphosate, are preempted by federal law (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 - January 7, 2020 Category: Medical Law Source Type: news

High Court Should Deny Flint Water Appeal By Michigan Employees, Residents Say
WASHINGTON, D.C. - Residents of the city of Flint, Mich., on Dec. 16 filed a brief in the U.S. Supreme Court contending that it should deny a petition for certiorari filed by current and former employees of the Michigan Department of Environmental Quality (MDEQ) who contend that they are entitled to immunity in the Flint lead-contaminated water crisis litigation (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 7, 2020 Category: Medical Law Source Type: news

MacDill Air Force Base Residents Sue Owners, Developers Over Mold
TAMPA, Fla. - A number of active military personnel and their spouses on Dec. 2 filed a class action in Florida federal court accusing the owners and developers of the MacDill Air Force Base of failing to provide them with sufficient housing due to mold infestations that they claim have caused economic losses and physical injuries (Joshua Lenz, et al. v. Michaels Organization LLC, et al., No. 19-cv-2970-T-30, M.D. Fla.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - December 18, 2019 Category: Medical Law Source Type: news

Secretary Of Labor Sues Gun Range For Violations Related To Lead Exposure
ORLANDO, Fla. - The U.S. secretary of Labor on Dec. 6 sued a shooting gallery in Florida federal court under the Occupational Safety and Health Act, contending that the children of a former employee of the gun range tested positive for lead poisoning as a result of lead contamination that the employee took home from work (Eugene Scalia v. Shooting Gallery Range Inc., et al., No. 19-2304, M.D. Fla.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - December 18, 2019 Category: Medical Law Source Type: news

Drywall Maker Says Class Allegations Lack Commonality, Timeliness
NEW ORLEANS - A manufacturer of allegedly defective drywall made in China filed a motion in Louisiana federal court Dec. 9 to deny class certification for a proposed nationwide class of individuals claiming they suffered physical and economic injuries as a result of having the product being in their homes, arguing that the allegations are untimely and lack commonality (In re: Chinese-Manufactured Drywall Products Liability Litigation, MDL 2047, Elizabeth Bennett, et al. v. Gebr. Knauf Verwaltungsgesellschaft KG, et al., No. 14-2722, E.D. La.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - December 18, 2019 Category: Medical Law Source Type: news

Magistrate: Chemical Exposure Case Against Corrections Officials Fails
SACRAMENTO, Calif. - A federal magistrate judge on Dec. 13 issued a report recommending that a California federal judge dismiss a chemical exposure case brought by a woman who contends that she was poisoned while working for the state Department of Corrections. According to the report, the claims are barred by immunity under the 11th Amendment to the U.S. Constitution (Dawn Devore v. California Department of Corrections and Rehabilitation, et al., No. 18-2487, E.D. Calif., 2019 U.S. Dist. LEXIS 215309). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - December 18, 2019 Category: Medical Law Source Type: news

Class Seeks Damages For Toxic Exposure From Texas Chemical Plant Explosions
TYLER, Texas - A group of residents on Nov. 29 filed a putative class action in Texas federal court asserting claims for property damage and seeking medical monitoring for injuries related to toxic emissions from two explosions at a chemical plant (Christopher S. Harms, et al. v. TPC Group Inc., No. 19-606, E.D. Texas). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - December 18, 2019 Category: Medical Law Source Type: news

Judge: Veteran Wrongly Denied Benefits For Cancer Due To Water At Camp Lejeune
WASHINGTON, D.C. - A federal judge in the U.S. Court of Appeals for Veterans Claims on Dec. 12 vacated a portion of a Board of Veterans Affairs decision that denied a veteran benefits for esophageal cancer he contends he developed as a result of drinking contaminated water at the Marine Corps Base at Camp Lejeune. The judge ruled that the board provided an inadequate statement of the reason it denied benefits (Don R. Edwards v. Robert L. Wilkie, No. 19-74, U.S. App., Vet. Clms., 2019 U.S. App. Vet. Claims LEXIS 2185). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - December 18, 2019 Category: Medical Law Source Type: news

Saint-Gobain: Class Fails To Meet Status Requirements In Tainted Groundwater Case
CONCORD, N.H. - Defendants who have been sued for allegedly contaminating the drinking water in a New Hampshire community on Dec. 10 moved in federal court for leave to file a supplemental memorandum opposing class certification for the plaintiffs on grounds the lead plaintiffs are actually no longer members of the proposed class (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 - December 18, 2019 Category: Medical Law Source Type: news

Judge: Aqueous Foam Plaintiffs May Add DuPont Entities As Defendants
CHARLESTON, S.C. - A federal judge in South Carolina on Dec. 12 ruled that six plaintiffs in the multidistrict litigation for the firefighting agent known as aqueous film forming foam (AFFF) could add as defendants numerous entities affiliated with E.I. du Pont de Nemours& Co. that the plaintiffs say bear some liability for their injuries from exposure to perfluorooctane sulfonate (PFOS) and/or perfluorooctanoic acid (PFOA) (In re: Aqueous Film Forming Foam, MDL 18-2873, D. S.C.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - December 18, 2019 Category: Medical Law Source Type: news

Special Prosecutor In Criminal Case Against Donziger Says He Remains A Flight Risk
NEW YORK - A special prosecutor for the U.S. government on Dec. 10 filed a brief in a New York federal court contending that Steven R. Donziger, the attorney who won an $18.5 billion judgment against the company in a court in Ecuador for injuries only to have it reversed, "remains a flight risk" and there is nothing to warrant a modification of his release conditions in the criminal contempt case against him (Chevron Corporation v. Steven Donziger, No. 19-561, S.D. N.Y.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - December 18, 2019 Category: Medical Law Source Type: news

Judge: Donziger Entitled To 5th Amendment Defense; Hearing Will Proceed
NEW YORK - A federal judge in New York on Dec. 9 denied a motion by Chevron Corp. seeking to preclude Steven R. Donziger, the attorney who won an $18.5 billion judgment against the company in a court in Ecuador for injuries only to have it reversed, from refusing to answer questions in an evidentiary hearing based on his rights under the Fifth Amendment to the U.S. Constitution. The judge also denied a motion by Donziger in which he sought to stay the evidentiary hearing in question (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 - December 18, 2019 Category: Medical Law Source Type: news

Magistrate To Decide Lead Plaintiff In Securities Class Against DuPont Spinoff
WILMINGTON, Del. - A federal judge in Delaware on Dec. 10 referred to a magistrate judge motions pending in a securities class action against the Chemours Co. related to allegations that it concealed the true nature of its liabilities related to litigation it faces for injuries caused by exposure to perfluorooctanoic acid, also called C8, among other per- and polyfluoroalkyl substances (PFAS). The specific motions pertain to which party should be the lead plaintiff in the case (In re: The Chemours Company Securities Litigation, No. 19-1911, D. Del.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - December 18, 2019 Category: Medical Law Source Type: news