Mealey's Toxic Torts : Mealey's : Legal News & Analysis

Mealey's Toxic Torts

June 07, 2024
Panel: North Carolina State University Must Allow Testing Of Building With PCBs

RALEIGH, N.C. — A divided appeals panel in North Carolina has ruled that North Carolina State University (NCSU) must produce documents and must permit inspection and testing of an academic building that contains polychlorinated biphenyls (PCBs), the exposure to which a former student claims caused him to develop cancer.
June 07, 2024
EPA To Address ‘Unreasonable Risk’ Of N-Methylpyrrolidone Used In Common Products

WASHINGTON, D.C. — The U.S. Environmental Protection Agency has announced that it will address the “unreasonable risk of injury to human health” presented by n-methylpyrrolidone (NMP), a solvent with numerous uses, including paint and coating removal, industrial and domestic cleaning products and semiconductors. The EPA will assess the risk pursuant to the Toxic Substances Control Act (TSCA).
June 07, 2024
Residents Affected By Air Pollution From Mill Seek Approval Of $18M Settlement

ROCK HILL, S.C. — After three years of litigation in South Carolina federal court, a group of residents whose homes and health have allegedly been damaged by air pollution from a nearby paper mill seek preliminary approval of a class settlement agreement that would see the operator of the mill pay $18 million to settle the residents’ negligence and nuisance claims.
June 06, 2024
Teachers Appeal Reversal Of $185M PCB Verdict To Washington Supreme Court

OLYMPIA, Wash. — The plaintiffs who had their $185 million verdict against Monsanto for injuries from exposure to polychlorinated biphenyls (PCBs) at a Seattle area school overturned have filed a petition for review with Washington Supreme Court, which they are seeking to accelerate, arguing that “important, recurring, and unsettled questions of law” are at play, the resolution of which “will immediately affect dozens of parallel pending cases and the claims of more than two hundred victims of toxic chemical exposure.”
June 05, 2024
Judge Cuts $2.25B Award In Philadelphia Roundup Case To Just Over $404.3 Million

PHILADELPHIA — A judge in Pennsylvania state court on June 4 drastically reduced a $2.25 billion damages award against Monsanto Co. to $404,308,904.11 in a lawsuit brought by a man who said exposure to the herbicide Roundup caused him to develop cancer; the judge did not elaborate on his reasoning for reducing the award. In an official statement, Monsanto said that despite the reduced award, it will appeal the verdict because it was “marred by significant and reversible errors.”
June 04, 2024
Camp Lejeune Plaintiffs: Court Should Deny Bid To Prevent Expert’s Deposition

RALEIGH, N.C. — The plaintiffs leadership group (PLG) in the Camp Lejeune water crisis litigation has filed an opposition brief in North Carolina federal court contending that because its expert, Christopher Portier, will provide “highly relevant testimony that is critical” to the case, the court should deny the U.S. government’s motion for a protective order to prevent Portier’s deposition.
June 04, 2024
Michigan Agency Tells 6th Circuit Airport PFAS Case Should Be In State Court

CINCINNATI — The Michigan Department of Environment, Great Lakes and Energy (EGLE) has filed a brief in the Sixth Circuit U.S. Court of Appeals arguing that a lawsuit it brought against the Gerald R. Ford International Airport Authority related to contamination from per- and polyfluoroalkyl substances (PFAS) should remain in state court because there is no diversity or federal question jurisdiction and contending that the fact that the airport is subject to government regulation does not amount to “acting under” a federal officer under black-letter law.
June 04, 2024
Companies: Plaintiff’s Case For Injury From Uranium Exposure Is Untimely

COLUMBUS, Ohio — Energy companies seeking to dismiss an injury case against them have filed a reply brief in Ohio federal court arguing that the case fails because there is “no dispute” that a two-year statute of limitations bars the plaintiff’s claims in light of the fact that 15 years have passed between when the plaintiff received a cancer diagnosis and the filing of the complaint.
May 29, 2024
COMMENTARY: Review Of Expert Causation Testimony Under Federal Rule Of Evidence 702: An Early Assessment Of The 2023 Amended Rule

By William L. Anderson and Mark A. Behrens
June 03, 2024
Judge Denies Monsanto Relief From $857M Verdict In Seattle PCB Litigation

SEATTLE — A Washington state court judge has denied a motion for relief from judgment sought by Monsanto Co. in a dispute with plaintiffs who won $857 million in combined damages against the company for injuries from exposure to polychlorinated biphenyls (PCBs) at a Seattle area school. In the order, the judge did not provide the reasoning behind the ruling.
June 03, 2024
Monsanto’s Bid To Strike Expert ‘Unavailing’ In Verdict Appeal, Judge Says

PHILADELPHIA — A Pennsylvania judge has ruled that a trial court did not abuse its discretion when it denied a motion by Monsanto Co. that sought to exclude a plaintiff’s expert in a glyphosate cancer lawsuit in which a jury awarded the plaintiff $175 million in combined damages. The judge said Monsanto’s allegation of error related to the admissibility of a plaintiffs’ expert was “unavailing.”
May 31, 2024
Flint Judge Refers Attorney To California State Bar For Possible Role In Stunt

ANN ARBOR, Mich. — The Michigan federal judge presiding over the litigation involving the lead-contaminated water crisis in Flint, Mich., on May 30 issued an order referring to the State Bar of California the attorney that represents an engineering firm that is a party to the $25 million class settlement in the Flint case, which has been embroiled in a dispute over allegations that the firm hired a public relations company to engage in verbal attacks against a plaintiff attorney.
May 30, 2024
Master Complaints In Hair Relaxer MDL Allege ‘Reckless Acts,’ Knowledge Of Risk

CHICAGO — The plaintiffs’ leadership counsel in litigation brought by individuals who allege wrongful death and other injuries from chemicals in hair relaxer products has filed multiple master long-form complaints in Illinois federal court against eight defendants, seeking punitive damages. In a master complaint against Advanced Beauty Inc., the counsel contend that the defendant is liable for “wanton, willful, fraudulent, reckless acts” related to its awareness that its products posed an increased risk of cancer.
May 30, 2024
9th Circuit Denies Objections To $23M Roundup Settlement, Says Deal Is ‘Fair’

SAN FRANCISCO — A panel of the Ninth Circuit U.S. Court of Appeals on May 29 affirmed a lower court’s decision that rejected the arguments of two individuals who objected to a $23 million settlement in a class action for false advertising related to Monsanto’s herbicide Roundup, ruling that the district court did not abuse its discretion by rejecting the objectors’ argument that the nationwide class action settlement would extinguish higher-value claims in a separate class action.
May 30, 2024
BP: Magistrate’s Report Correct, Deepwater Horizon Case Should Be Dismissed

PENSACOLA, Fla. — BP Exploration & Production Inc. and BP America Production Co. (collectively, BP) filed a brief in Florida federal court arguing that it should overrule a plaintiff’s objection to a magistrate judge’s report that recommended that the court dismiss an injury lawsuit brought by a man who says he developed cancer as a result of working on a clean-up crew following the Deepwater Horizon oil spill.
May 30, 2024
Defendant In Quartz Countertop Case Denies Liability, Says Claims Barred By Law

SANTA ANA, Calif. — One of the defendants sued by a worker with silicosis who says he was injured by exposure to crystalline silica while cutting quartz countertops has filed an answer in California state court denying allegations that it fraudulently concealed the toxic hazards of the stone products and asserting 31 affirmative defenses, including that the claims are barred by the California Code of Civil Procedure.
May 29, 2024
In Roundup Appeal, Monsanto Supports Parties’ Move To Seal Herbicide Formula

SAN FRANCISCO — Despite opposing an appeal of a lower court’s ruling in a cancer case related to the herbicide Roundup, Monsanto Co. on May 28 filed a brief in the Ninth Circuit U.S. Court of Appeals supporting the appellants’ motion to file under seal excerpts of the record that contain a confidential statement of the formula for a specific glyphosate-based herbicide product, arguing that there are compelling reasons to continue to seal the document that contains the formula.
May 29, 2024
Man Says Monsanto’s ‘Tortious Misconduct’ Related To Roundup Caused His Cancer

BOSTON — A man sued Monsanto Co. in Massachusetts federal court on May 28 saying he developed cancer as a result of the company’s “tortious misconduct” related to the manufacture and marketing of the herbicide Roundup and contending that Monsanto “fraudulently withheld and concealed information about the risks of serious injury associated with” Roundup and its active ingredient, glyphosate.
May 29, 2024
Group Says EPA Report On PFAS Contains False Statements, Demands Retraction

WASHINGTON, D.C. — In a request for correction sent to the U.S. Environmental Protection Agency on May 28, an environmental advocacy group demanded the retraction of a report the agency issued in 2023 regarding the presence of per- and polyfluoroalkyl substances (PFAS) in pesticides on grounds it contains false statements.
May 24, 2024
Magistrate Will Not Reconsider Redacted Document Ruling, Says Privilege Inapplicable

ANN ARBOR, Mich. — A federal magistrate judge on May 23 refused to reconsider a ruling in which she determined that an engineering firm that is a defendant in litigation stemming from the lead-contaminated water crisis in Flint, Mich., must provide 40 documents in response to a motion to compel compliance with a discovery order, saying that the firm did not show that the documents were protected by the attorney-client privilege.
May 24, 2024
Norfolk Southern To Pay $311M To Settle Federal Claims Over Ohio Tran Derailment

YOUNGSTOWN, Ohio — The U.S. government on May 23 lodged a proposed consent decree in Ohio federal court under which Norfolk Southern Corp. and Norfolk Southern Railway Co. (collectively, Norfolk Southern) agree to pay $311,175,000 to settle claims related to the release of toxic chemicals from the train derailment in East Palestine, Ohio. The payment includes a $15 million civil penalty as well as money to improve rail safety and pay for health monitoring in the community.
May 23, 2024
Plaintiff: Monsanto Is Liable For Wrongful Death From Negligence Involving Roundup

SAN FRANCISCO — The executor of an estate filed an amended complaint in California federal court on May 22 arguing that Monsanto Co. is liable for the wrongful death of a man who had cancer as the result of “negligent, willful, reckless and wrongful conduct” in the manufacturing and selling of the herbicide Roundup, which contains the active ingredient glyphosate.
May 23, 2024
BASF Corp., Water Suppliers Reach $312.5M Deal To Settle AFFF Contamination Claims

CHARLESTON, S.C. — Plaintiffs’ attorneys and BASF Corp. have released statements confirming a $312.5 million settlement to resolve water contamination claims related to per- and polyfluoroalkyl substances (PFAS), which is an ingredient in the firefighting agent known as aqueous film forming foam (AFFF), against BASF brought by public water service companies that have PFAS in their water supplies. The settlement resolves some claims in the multidistrict litigation for AFFF in South Carolina federal court.
May 22, 2024
Judge Preliminarily Approves $600M Settlement In Ohio Train Derailment Litigation

YOUNGSTOWN, Ohio — A federal judge in Ohio on May 21 granted preliminary approval to a $600 million settlement to resolve the class action against Norfolk Southern Railway Co. and Norfolk Southern Corp. (Norfolk Southern, collectively) pertaining to alleged injuries from the release of toxic chemicals at the 2023 train derailment in East Palestine, Ohio, ruling that the proposed agreement is “fair, reasonable, and adequate, entered into in good faith, and free from collusion.” A third-party lawsuit among Norfolk Southern and railcar companies continues.
May 22, 2024
Flint Bellwether Plaintiffs Insist Expert Is Qualified, Evidence Rule Satisfied

ANN ARBOR, Mich. — The Bellwether III plaintiffs in the Flint water crisis litigation filed a response brief in Michigan federal court on May 21 arguing that a pediatrician they intend to call as an expert witness is qualified to testify and that her opinions satisfy the requirements of Federal Rule of Evidence 702.