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9th Circuit Releases 2 Appeals From Mediation Related To Glyphosate Cancer Award
SAN FRANCISCO - The circuit mediator for the Ninth Circuit U.S. Court of Appeals on Oct. 4 released from the mediation program two glyphosate cases against Monsanto Co. in which a cancer victim is appealing a district court judge's reduction of his original damages award against the company. Monsanto is cross-appealing the district court's denial of its motion for judgment notwithstanding the verdict (JNOV) (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 - October 16, 2019 Category: Medical Law Source Type: news

Roundup Would Be 'Misbranded' If It Contained A Cancer Warning, Monsanto Says
SAN FRANCISCO - Monsanto Co. on Sept. 30 filed a brief in California appellate court contending that the U.S. Environmental Protection Agency has determined that glyphosate, the active ingredient in the herbicide Roundup, is not likely to cause cancer and, therefore, Roundup would be "misbranded" if it included a cancer warning (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 - October 16, 2019 Category: Medical Law Source Type: news

Parties In Glyphosate Appeal Should Not 'Inappropriately Inject' New Arguments
SAN FRANCISCO - A groundskeeper whose $289 million award against Monsanto Co. was ultimately reduced to $78 million in his glyphosate cancer lawsuit filed a brief on Sept. 30 in a California appeals court contending that the court should disregard the attempts of various amici curiae to "inappropriately inject" new arguments and issues into the appeal (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 - October 16, 2019 Category: Medical Law Source Type: news

Michigan Employees Seek High Court Review Of Immunity Ruling In Flint Water Case
WASHINGTON, D.C. - Current and former employees of the Michigan Department of Environmental Quality (MDEQ) on Sept. 17 filed a petition for writ of certiorari in the U.S. Supreme Court arguing that it should grant their appeal of a divided appellate court ruling that denied rehearing of a decision that held that the employees were not entitled to immunity in the Flint, Mich., 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 - October 16, 2019 Category: Medical Law Source Type: news

Coverage Barred For Contamination Suit Under 1 Group Of Primary Policies
NEW YORK - A New York federal judge on Sept. 20 partially granted an insurer's motion for summary judgment regarding coverage under a group of primary policies that required the insured to provide timely notice of an occurrence because the insured failed to provide timely notice of two occurrences of environmental contamination that form the basis for an underlying lawsuit filed against the insured (Travelers Indemnity Co. v. Northrup Grumman Corp., No. 16-8778, S.D. N.Y., 2019 U.S. Dist. LEXIS 161154). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 2, 2019 Category: Medical Law Source Type: news

Judge Denies JNOV In Lead Paint Case, Says Risk Contribution Theory Applies
MILWAUKEE - A federal judge in Wisconsin on Sept. 19 denied motions for judgment notwithstanding the verdict (JNOV) filed by companies that formerly made lead-based paint that sought to overturn lead-based paint injury verdicts against them. The judge said Wisconsin's risk contribution theory applied (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 - October 2, 2019 Category: Medical Law Source Type: news

Judge Denies Fracking Company Dismissal Of Chemical Exposure Wrongful Death Case
BILLINGS, Mont. - A federal judge in Montana on Sept. 13 denied a motion to dismiss a wrongful death chemical exposure case brought by a woman who contends that her son was killed when a hydraulic fracturing company negligently allowed him to work around toxic substances on a fracking well site (Mary L. Devera v. Exxon Mobil Corporation, No. 18-59, D. Mont., 2019 U.S. Dist. LEXIS 157000). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 2, 2019 Category: Medical Law Source Type: news

Resort Owners: Groundwater Connection Theory Fails; Case Should be Dismissed
BOSTON - The owners of a resort on Sept. 20 filed a brief in Massachusetts federal court contending that the court should dismiss a case brought by an environmental advocacy group that sued them for allegedly contaminating local groundwater, because the plaintiff tries to "inflate" federal law by adopting what is known as the "groundwater connection theory" (Conservation Law Foundation Inc. v. Longwood Venues& Destinations Inc., et al., No. 19-cv-11672, D. Mass.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 2, 2019 Category: Medical Law Source Type: news

Judge Dismisses Claims Against Some Defendants In Chemical Cleanup Lawsuit
DAYTON, Ohio - A federal judge in Ohio on Sept. 23 granted some motions for summary judgment dismissal and denied others in a groundwater contamination lawsuit related to chemical contamination at a dump site where numerous companies disposed of hazardous substances (Hobart Corporation, et al. v. The Dayton Power& Light Co., et al., No. 13-cv-115, S.D. Ohio, 2019 U.S. Dist. LEXIS 162465). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 2, 2019 Category: Medical Law Source Type: news

Panel Reverses, Remands Case After Saying Wrong Legal Standard Was Applied
SACRAMENTO, Calif. - A California appeals panel on Sept. 13 reversed and remanded a groundwater contamination lawsuit, ruling that a trial court applied the wrong standard to determine whether the predecessors to a chemical company incurred direct liability for control over activities resulting in the hazardous waste discharges that tainted local drinking water (Atlantic Richfield Company v. Central Valley Regional Water Quality Control Board, No. C086745, Calf. App., 3rd Dist., 2019 Cal. App. Unpub. LEXIS 6123). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 2, 2019 Category: Medical Law Source Type: news

Maui County Committee Agrees Clean Water Act Dispute Should Be Settled
WAILUKU, Hawaii - The Council on Governance, Ethics and Transparency Committee for Maui County, Hawaii, says in a Sept. 20 letter to the county's council that it is in favor of settling a lawsuit brought by four environmental groups accusing the county of violating the Clean Water Act (CWA) by operating Underground Injection Control (UIC) wells without a National Pollutant Discharge Elimination Systems (NPDES) permit rather than having the U.S. Supreme Court decide on whether the discharges violate the act. (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 2, 2019 Category: Medical Law Source Type: news

New York: Aqueous Foam Case Belongs In State Court; Federal Jurisdiction Lacking
CHARLESTON, S.C. - The state of New York on Sept. 23 filed a brief in South Carolina federal court contending that its case in the multidistrict litigation for aqueous film forming foam, a firefighting chemical that has been linked to groundwater contamination, should be remanded to state court because the defendants were not acting under government authority when they sold the chemical to private parties (In re: Aqueous Film Forming Foams Products Liability Litigation, MDL No. 18-2873, D. S.C.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 2, 2019 Category: Medical Law Source Type: news

Judge Unseals Documents Sought By Chevron In Lago Agrio Litigation
NEW YORK - A federal judge in New York on Sept. 25 issued an order to unseal documents in the long-running saga of Chevron Corp.'s case against 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. The one-page order pertains to documents belonging to Donziger's associate (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 - October 2, 2019 Category: Medical Law Source Type: news

Former Employees Seek Order Protecting Them From Being Deposed In Flint Water Case
ANN ARBOR, Mich. - Some former employees of the city of Flint, Mich., on Sept. 27 filed a joint motion for a protective order in Michigan federal court, contending that it should temporarily postpone a plan to take their depositions in the lead-contaminated water crisis litigation because taking such discovery would adversely affect other litigation pending against them (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 - October 2, 2019 Category: Medical Law Source Type: news

Flint Water Crisis Appeals Consolidated At 6th Circuit
CINCINNATI - The clerk of the Sixth Circuit U.S. Court of Appeals on Sept. 17 issued an order consolidating four separate appeals filed by various defendants in the Flint lead-contaminated water crisis who contend that the district court wrongly found them liable for residents' injuries (Luke Waid, et al. v. Darnell Earley, et al. [In re: Flint Water Cases], Nos. 19-1425, 19-1472, 19-1477, 19-1533, 6th Cir.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 2, 2019 Category: Medical Law Source Type: news