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Couple Seeks Punitive Damages For Monsanto's Concealment Of Roundup's Dangers
RICHMOND, Va. - A couple on Dec. 6 sued Monsanto Co. in Virginia federal court, contending that it is liable for the husband's cancer as a result of exposure to the herbicide Roundup, which contains the active ingredient glyphosate and arguing that Monsanto fraudulently concealed the chemical's danger to human health (David A. Taliaferro, et al. v. Monsanto Company, No. 19-908, E.D. Va.). (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 Master: Monsanto CEO Not Entitled To Protective Order In Glyphosate Trial
ST. LOUIS - The special master in a glyphosate cancer case against Monsanto Co. on Dec. 5 issued a report that former Monsanto CEP Hugh Grant is not entitled to a protective order shielding him from a subpoena and must testify at trial (James Adams v. Monsanto Company, No. 17SL-CC02721, Mo. Cir., St. Louis Co., 21st Jud. Cir.). (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

Court Delays Oral Arguments In Glyphosate Cancer Appeal Due To Volume Of Briefs
SAN FRANCISCO - An appellate panel in California on Dec. 6 issued an order indicating that it will attempt to schedule oral argument in Monsanto Co.'s appeal of a $78,506,418.35 glyphosate cancer verdict in March or April 2020, despite the fact that the plaintiff has shown a compelling need to have the appeal resolved as soon as possible and the briefing in the case has been completed (DeWayne Johnson v. Monsanto Company, Nos. A155940 and A156706, Calif. App., 1st Dist.). (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

Glyphosate Plaintiffs Seek To File Medical Information Under Seal In Roundup MDL
SAN FRANCISCO - Plaintiffs in the multidistrict litigation related to Roundup Products Liability on Dec. 11 moved in California federal court seeking to file under seal medical information related to their diagnoses of cancer, which they argue was caused by exposure to glyphosate, the active ingredient in the herbicide Roundup (In re: Roundup Products Liability Litigation [Hernandez v. Monsanto Co.], MDL No. 2741, No. 17-07364, N.D. Calif.). (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

Panel Says Chemical Injury Case Properly Dismissed, Claims Precluded By Law
LOS ANGELES - A California appeals panel on Nov. 21 issued an unpublished opinion affirming a trial court's decision to sustain two separate demurrers filed by defendants in a chemical exposure injury lawsuit on grounds that the claims were precluded by workers' compensation exclusivity principles (Frank Deville v. James R. Bloch, No. B291099, Calif. App., 2nd Dist., 5th Div., 2019 Cal. App. Unpub. LEXIS 7753). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - December 3, 2019 Category: Medical Law Source Type: news

Judge Dismisses Methane Leak Case, Says Utilities Commission Has Jurisdiction
LOS ANGELES - A California state court judge on Nov. 21 dismissed a lawsuit brought by a resident against a gas company and its parent company regarding alleged damages from a methane leak in 2015, ruling that if a trier of fact determined that the seriousness of harm from a gas facility outweighed the benefit of the facility to the community, it would clash with a decision from the California Public Utility Commission (PUC), which has been granted jurisdiction over such decisions by the state Legislature (William Gandsey v. Southern California Gas Co., No. BC601844, Calif. Super., Los Angeles Co.). (Source: LexisNexis...
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - December 3, 2019 Category: Medical Law Source Type: news

Panel Reverses Dismissal Of Groundwater Case, Says Delay Not Fatal To Petition
BROOKLYN, N.Y. - A New York appeals court on Nov. 27 reversed a lower court's ruling and held that a trial court "improvidently granted" a motion to dismiss a groundwater contamination lawsuit because the plaintiffs' delay in filing their case was not fatal to the petition because there was no prejudice involved (In the Matter of Norma Brooks, et al v. County of Suffolk, Nos. 2017-08563 and 2018-04121, N.Y. Sup., App. Div., 2nd Dept., 2019 N.Y. App. Div. LEXIS 8594). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - December 3, 2019 Category: Medical Law Source Type: news

Judge Denies Dismissal Of Groundwater Case, Says Federal Claim Is Valid
BOSTON - A federal judge in Massachusetts on Nov. 26 denied a motion to dismiss a case brought by an environmental advocacy group that sued a beach club for allegedly contaminating local groundwater, concluding that the plaintiffs adequately stated a claim under federal law for contributing to disposal of hazardous waste that "may present an imminent and substantial endangerment to health and the environment" (Conservation Law Foundation Inc. v. Longwood Venues& Destinations Inc., et al., No. 19-cv-11672, D. Mass., 2019 U.S. Dist. LEXIS 205273). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - December 3, 2019 Category: Medical Law Source Type: news

Group: Federal Agency Wrongly Approved Injection Of Fracking Waste Into Aquifer
SAN FRANCISCO - The Center for Biological Diversity (CBD) on Nov. 21 sued the U.S. Environmental Protection Agency and its administrator in California federal court, seeking declaratory and injunctive relief for alleged failure to comply with federal law when it exempted an aquifer from the protections of the Safe Drinking Water Act (SDWA) to allow the injection of hydraulic fracturing wastewater and other fluids into the aquifer (Center for Biological Diversity v. U.S. Environmental Protection Agency, et al., No. 19-7664, N.D. Calif.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - December 3, 2019 Category: Medical Law Source Type: news

Texas Appeals Court Denies En Banc Rehearing On Injection Well Permit Approval
AUSTIN, Texas - A Texas appeals court on Nov. 20 denied en banc reconsideration of a split decision in which a panel held that the Texas Commission on Environmental Quality (TCEQ) properly approved a permit for an underground injection control (UIC) well in a shale formation where hydraulic fracturing operations are conducted, despite residents' concerns about groundwater contamination (Nicky E. Dyer, et al. v. Texas Commission on Environmental Quality, et al., No. 03-17-0499, Texas App., 3rd Dist.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - December 3, 2019 Category: Medical Law Source Type: news

Judge Rules Water Contamination Case Related To Fracking Pipeline Belongs In Federal Court
HARRISBURG, Pa. - A federal judge in Pennsylvania on Nov. 20 ruled that a district court has subject matter jurisdiction over a complaint brought by residents who contend that a hydraulic fracturing company is liable for drinking water contamination and other damages as a result of its construction of a pipeline in Susquehanna County, Pa. (Sheila Douglas, et al. v. Southwestern Energy Production Co., et al., No. 17-1830, M.D. Pa., 2019 U.S. Dist. LEXIS 200888). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - December 3, 2019 Category: Medical Law Source Type: news

Chevron: Donziger Not Allowed To Invoke 5th Amendment At Evidentiary Hearing
NEW YORK - Chevron Corp. on Nov. 19 filed a brief in New York federal court in support of a motion in limine seeking to preclude Steve 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 asserting a defense under the Fifth Amendment to the U.S. Constitution at an evidentiary hearing scheduled for Dec. 12 (Chevron Corporation v. Steven Donziger, Nos. 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 3, 2019 Category: Medical Law Source Type: news

Panel: Class Certification For Groundwater Contamination Is Appropriate
ALBANY, N.Y. - A New York appeals panel on Nov. 21 affirmed a lower court's ruling that granted class certification to residents who sued a chemical company for injuries related to groundwater contamination caused by the presence of perfluorooctanoic acid (PFOA) as well as perfluorooctanesulfonic acid (PFOS) (Jay Burdick, et al. v. Tonoga, Inc., No. 527117, N.Y. Sup., App. Div., 3rd Dist., 2019 N.Y. App. Div. LEXIS 8498). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - December 3, 2019 Category: Medical Law Source Type: news

DuPont: Consolidation Of C8 Cancer Cases For Trial Is 'Unfairly Prejudicial'
COLUMBUS, Ohio - E.I. du Pont de Nemours& Co. on Nov. 15 filed a brief in Ohio federal court objecting to the consolidation of two cases from the multidistrict litigation related to perfluorooctanoic acid (known as C8), which the court has combined for trial purposes. DuPont argues that the consolidation will "create significant risk that the jury's verdict will be based not on the merits of the individual cases but rather on cumulative, unfair prejudice and confusion" (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™ Emer...
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - December 3, 2019 Category: Medical Law Source Type: news

Chemours' C8 Liability Case Belongs In Arbitration, Not Court, DowDuPont Says
WILMINGTON, Del. - DowDuPont Inc. on Nov. 13 filed a brief in Delaware state court contending that the court should dismiss 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. DowDuPont argues that the case belongs in arbitration (The Chemours Company v. DowDuPont Inc., No. 2019-0351, Del. Chanc.). (Source: LexisNexis®...
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - December 3, 2019 Category: Medical Law Source Type: news