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Mexican Government Bans 1,000 Tons Of Glyphosate From Entering The Country
MEXICO CITY - The government of Mexico on Nov. 25 refused to import 1,000 tons of glyphosate, the active ingredient in the herbicide Roundup, stating in a press release that on the basis of scientific evidence, it was applying "the precautionary principle" to ban the chemical entering the country. (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

Monsanto: Glyphosate Cancer Case Fails For Lack Of Causation Expert
SAN FRANCISCO - Monsanto Co. on Nov. 20 moved in California federal court for summary judgment dismissal of a glyphosate cancer lawsuit that is part of the Roundup Products Liability multidistrict litigation, contending that the plaintiff failed to meet his burden of causation because he did not identify a specific expert who was willing to testify that Roundup exposure caused the plaintiff's unique form of leukemia (In re: Roundup Products Liability Litigation [Chavez v. Monsanto Co.], MDL No. 2741, No. 18-4855, 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

Judge: Glyphosate Cancer Case Belongs In State Court Due To Specifics Of Claim
SAN FRANCISCO - A federal judge in California on Nov. 19 remanded to state court a glyphosate cancer lawsuit which Monsanto Co. had removed to the multidistrict litigation for Roundup products liability, ruling that a state court could find that the company which hired the victim to use Roundup was negligent for faulty equipment that led to his exposure (In re: Roundup Products Liability Litigation [Trosclair v. Monsanto Co.], MDL No. 2741, No. 19-6396, 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

Federal Judge Dismisses Declaratory Judgment Claim Against Insurer In Lead Suit
ST. LOUIS - A Missouri federal judge on Nov. 1 granted an insurer's motion to dismiss a declaratory judgment claim alleged against it by another insurer in a coverage dispute stemming from injuries sustained as result of an insured's lead-smelting operations after determining that the declaratory judgment claim is not ripe because no claim for indemnification has been filed (Zurich American Insurance Co. v. Fluor Corp., et al., No. 16-429, E.D. Mo., 2019 U.S. Dist. LEXIS 189843). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 20, 2019 Category: Medical Law Source Type: news

Court Lacks Jurisdiction Over Veteran's Appeal Of Agent Orange Benefits Denial
WASHINGTON, D.C. - A federal judge in the U.S. Court of Appeals for Veterans Claims on Nov. 7 dismissed a veteran's appeal of the denial of his benefits for alleged exposure to the herbicide Agent Orange on grounds that the court lacked jurisdiction because the matter had been remanded to the U.S. Bureau of Veterans Affairs (Larry J. Wilson v. Robert L. Wilkie, No. 19-3855, Vet. Clms., 2019 U.S. App. Vet. Claims LEXIS 1980). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 20, 2019 Category: Medical Law Source Type: news

9th Circuit: Groups' Challenge Of EPA's Chemical Exclusion Rule Is Partially Valid
SAN FRANCISCO - A panel of the Ninth Circuit U.S. Court of Appeals on Nov. 14 partially granted and partially denied a petition by numerous environmental advocacy groups that challenge the U.S. Environmental Protection Agency's Risk Evaluation Rule (RER) for determining the proper uses for various chemicals. The panel concluded that the petitioners' opposition to the EPA's exclusion of "legacy uses" and "associated disposals" from the definition of "conditions of use" was valid (Safer Chemicals, Healthy Families, et al. v. U.S. Environmental Protection Agency, et al., No. 17-72260 [consolidated], 9th Cir., 2019 U.S. App. L...
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 20, 2019 Category: Medical Law Source Type: news

Judge Denies Class Certification Of Negligence Claims Over Contamination
FORT WAYNE, Ind. - A federal judge in Indiana on Nov. 5 denied without prejudice a motion for class certification filed by residents who claim that E.I. du Pont de Nemours& Co. was negligent when operating a pesticide lead arsenate production facility near a housing complex in East Chicago, Ind., finding that there is currently no method to determine how contamination on the property has damaged each potential class member (Lerithea Rolan, et al. v. E.I. du Pont de Nemours& Co., No. 16-CV-357-TLS, N.D. Ind., 2019 U.S. Dist. LEXIS 191665). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 20, 2019 Category: Medical Law Source Type: news

High Court Hears Arguments On Legality Of County's Wastewater Discharges
WASHINGTON, D.C. - The U.S. Supreme Court on Nov. 6 heard arguments from a Hawaii county, the federal government and five environmental groups as to whether discharges from the county's underground injection control (UIC) wells that were reaching the Pacific Ocean via groundwater violated the Clean Water Act (CWA) (Maui v. Hawai'i 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 - November 20, 2019 Category: Medical Law Source Type: news

Judge Dismisses Groundwater Case For Failure To Raise Issue Of Material Fact
MIAMI - A federal judge in Florida on Nov. 4 dismissed a chemical exposure and groundwater contamination lawsuit brought by a cancer victim, ruling that the plaintiff did not raise a genuine issue of material fact that the alleged contamination caused the injury (Marcos Pinares, et al. v. United Technologies Corp d/b/a Pratt& Whitney Group, No. 10-80883, S.D. Fla.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 20, 2019 Category: Medical Law Source Type: news

Law Group: EPA, State Agencies Violating Law By Dumping Toxins Into Groundwater
CHAPEL HILL, N.C. - The Southern Environmental Law Center (SELC) on Nov. 7 issued a notice to the U.S. Environmental Protection Agency, a North Carolina environmental agency and a city in the state notifying them of a potential lawsuit for violations of federal laws related to groundwater contamination from per- and polyfluoroalkyl substances (PFAS) and 1,4-dioxane. (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 20, 2019 Category: Medical Law Source Type: news

Lead Paint Plaintiffs: Motion For JNOV Fails, Verdicts Should Be 'Upheld In Full'
MILWAUKEE - A group of plaintiffs who won multiple verdicts against the former makers lead-based paint filed a brief in Wisconsin federal court on Nov. 8, contending that it should deny a motion for judgment notwithstanding the verdict (JNOV) filed by the Sherwin-Williams Co. because it "offers no reason why the jury's verdicts" should not be upheld in full (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 - November 20, 2019 Category: Medical Law Source Type: news

Chevron: Attorney Donziger Remains A Flight Risk; Detention Should Not Change
NEW YORK - Chevron Corp. on Nov. 13 filed a letter in 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 should not be permitted to change the terms of his home detention and electronic monitoring, which were imposed for his being in contempt of court (Chevron Corporation v. Steven Donziger, Nos. 11-691, and 19-561, S.D. N.Y.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 20, 2019 Category: Medical Law Source Type: news

Judge: Depositions Of 3 Flint Employees Will Proceed; Record Temporarily Sealed
DETROIT - A federal judge in Michigan on Nov. 7 partially granted and partially denied a motion for a protective order sought by three former employees of the city of Flint in the litigation pertaining to the city's lead-contaminated water crisis, ruling that discovery in the case will proceed and the defendants may not assert their Fifth Amendment rights in advance. The judge granted the defendants' request to limit attendance at the deposition and to temporarily seal the defendants' written discovery and depositions (In re Flint Water Cases, No. 16-10444, E.D. Mich.). (Source: LexisNexis® Mealey's™ Emerging To...
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 20, 2019 Category: Medical Law Source Type: news

Chemours: DuPont Seeks To Avoid Liability Costs Related To Federal C8 Litigation
WILMINGTON, Del. - The Chemours Co., a spinoff company of E.I. du Pont de Nemours& Co., on Oct. 18 filed a brief in Delaware state court contending that DuPont and its parent companies are seeking to "avoid accountability for environmental costs through a campaign of transactional engineering" related to litigation brought against them for injuries allegedly caused by exposure to perfluorooctanoic acid (PFOA), also called C8 (The Chemours Company v. DowDuPont Inc., No. 2019-0351, Del. Chanc.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 20, 2019 Category: Medical Law Source Type: news

Cancer Victim Says Monsanto's Conduct Regarding Herbicide Roundup Was 'Negligent'
DENVER - A cancer victim on Nov. 13 sued Monsanto Co. in Colorado federal court contending that exposure to glyphosate, the active ingredient in the herbicide Roundup, caused his injury and that Monsanto engaged in "negligent and wrongful conduct" when it manufactured and promoted the product (Martin Stafford v. Monsanto Company, No. 19-3213, D. Colo.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 20, 2019 Category: Medical Law Source Type: news