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Mealey's Toxic Torts

April 18, 2024
School Districts Plan To Fight Vermont’s Expected Move To Stay Monsanto PCB Case

BURLINGTON, Vt. — The 95 school districts that have sued Monsanto Co. in Vermont federal court alleging contamination from the presence of polychlorinated biphenyls (PCBs) in school buildings have filed a response to Vermont’s motion to intervene in the case, arguing that while they do not oppose the state’s intervention, they intend to oppose its expected motion to stay the case.
April 18, 2024
Bill Would Exempt Public Water Providers From PFAS Liability

WASHINGTON, D.C. — A bill that would exempt certain entities from liability under the Comprehensive Environmental Response, Compensation, and Liability Act with respect to releases of per- and polyfluoroalkyl substances (PFAS) has been referred to two committees of the U.S. House of Representatives.
April 17, 2024
Panel Partially Affirms, Reverses Damages Ruling In Water Contamination Case

SAN FRANCISCO — A panel of the Ninth Circuit U.S. Court of Appeals has affirmed a lower court’s damages award, holding that it did not abuse its discretion when it permitted a water agency to assert restoration costs as a measure of damages related to contamination from various chemicals, but it remanded the case to amend the judgment regarding recovery of damages under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), ruling that the trial court wrongly held that the water agency received a double recovery.
April 17, 2024
Engineering Firm Says It Owes Flint Bellwether III Plaintiffs No Duty Of Care

ANN ARBOR, Mich. — An engineering firm that is a defendant in the litigation over the lead-contaminated water crisis in Flint, Mich., has filed a brief in Michigan federal court arguing that the court should grant the firm summary judgment on the professional negligence claims brought by a group known as the Bellwether III plaintiffs because the firm says it did not owe them a duty of care as a matter of law.
April 17, 2024
Government Can’t ‘Escape Responsibility’ For AFFF Pollution, Plaintiffs Say

CHARLESTON, S.C. — The plaintiffs in five cases pending in the multidistrict litigation for the firefighting agent aqueous film forming foam (AFFF) filed a combined brief in South Carolina federal court on April 16 in opposition to a motion to dismiss, arguing that the U.S. government, as the owner of the land on which the “heavily contaminated” Cannon Air Force Base (CAFB) sits, “cannot be permitted to escape responsibility on jurisdictional grounds when the conduct of its employees, on its land, pollutes or otherwise harms its neighbors.”
April 16, 2024
Judge Remands Vermont’s PFAS Case To State Court, Says Removal Was Untimely

BURLINGTON, Vt. — A federal judge in Vermont has remanded to state court a per- and polyfluoroalkyl substances (PFAS) lawsuit brought by the state against 3M Co., E.I. DuPont de Nemours & Co. and DuPont’s affiliates, ruling that 3M’s removal of the case to federal court was untimely.
April 16, 2024
Agency’s New Standard Cuts Miners’ Silica Exposure Limit In Half

WASHINGTON, D.C. — The U.S. Department of Labor, through the Mine Safety and Health Administration, on April 16 announced an amendment to existing standards for miners establishing a uniform permissible exposure limit (PEL) for respirable crystalline silica at 50 micrograms per cubic meter of air (µg/m3) for a full-shift exposure, calculated as an eight-hour time weighted average (TWA) for all mines. The new standard reduces by half the current exposure limit.
April 15, 2024
AFFF Maker To Pay $750M To Settle PFAS Claims Brought By Public Water Providers

CHARLESTON, S.C. — Tyco Fire Products LP said April 12 that it has reached a $750 million settlement to resolve claims related to per- and polyfluoroalkyl substances (PFAS) litigation in South Carolina federal court brought by public water systems (PWS) alleging contamination of their water supplies from the presence of PFAS, which is an ingredient in the firefighting substance aqueous film forming foam (AFFF).
April 15, 2024
Man Says Stone Countertop Makers Concealed Dangers, Caused His Silicosis

SANTA ANA, Calif. — A man who has silicosis has sued numerous stone countertop companies in California federal court alleging that they are liable for his injury because they fraudulently concealed the fact that their products contain minerals that, when cut, produce large amounts of respirable crystalline silica dust.
April 12, 2024
Quartz Countertop Defendants: Complaint Fails To State Facts Sufficient For Claims

SANTA ANA, Calif. — Multiple defendants sued by workers who say they developed pulmonary injuries from exposure to crystalline silica while cutting stone countertops have filed answers to the complaint in California state court. One defendant, Arizona Tile LLC, denies all allegations and asserts affirmative defenses contending that the plaintiffs fail to state facts sufficient to constitute a cause of action against it.
April 11, 2024
EPA Sets 1st Standard For Levels Of 6 PFAS In Drinking Water

WASHINGTON, D.C. — The U.S. Environmental Protection Agency announced on April 10 that it has published a final rule regulating six types of per- and polyfluoroalkyl substances (PFAS) in drinking water under the National Primary Drinking Water Regulation (NPDWR). The rule sets maximum contaminant level goals (MCLGs) for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) at zero.
April 10, 2024
Judge: Experts Can Testify On How Jet Fuel Spill Caused Psychological Injuries

HONOLULU — A federal judge in Hawaii largely rejected efforts by the U.S. government to exclude three experts retained by the plaintiffs to opine on the psychological impacts of a groundwater contamination case after finding that many of its arguments can be addressed through cross-examination.
April 10, 2024
Railcar Company: Court Should Deny Norfolk Southern’s Partial Final Judgment Bid

YOUNGSTOWN, Ohio — One of the railcar companies being sued by Norfolk Southern Corp. and Norfolk Southern Railway Co. (collectively, Norfolk Southern) over the train derailment in East Palestine, Ohio, that resulted in the release of toxic chemicals filed a brief on April 9 opposing Norfolk Southern’s motion for partial final judgment in its third-party lawsuit, arguing that the third-party claims that have been dismissed are closely related to unadjudicated first-party claims that remain.
April 10, 2024
Flint Federal Tort Case Plaintiffs Say Government Has Waived Sovereign Immunity

DETROIT — The plaintiffs in litigation seeking $722.4 million under the Federal Tort Claims Act (FTCA) related to the Flint water crisis on April 9 filed an opposition brief in Michigan federal court arguing that the U.S. Environmental Protection Agency’s renewed motion to dismiss the lawsuit should be denied on grounds that granting it would “completely eviscerate the goals of the FTCA” and because the United States has waived its sovereign immunity from suit for injury caused by negligent or wrongful acts of government employees if a private person would be liable for those actions.
April 10, 2024
Monsanto Says 4 Roundup Cases Fail For Lack Of Causation Experts

SAN FRANCISCO — Monsanto Co. has filed multiple motions for summary judgment in California federal court in glyphosate cancer lawsuits pending in the multidistrict litigation for the herbicide Roundup, contending that they all fail on causation grounds because in each case the plaintiffs failed to submit an expert report on specific causation prior to the deadline. In a case brought by Edilia Gonzalez and others, Monsanto says Gonzalez did not provide an expert report containing case-specific evidence of a causal link between Roundup exposure and the cancer that killed plaintiff Manuel Balbuena.
April 09, 2024
Jackson Water Crisis Plaintiffs Say Their Claims Are ‘Plausibly Pleaded’

JACKSON, Miss. — The plaintiffs suing Jackson, Miss., over the drinking water crisis in the city have filed a brief in Mississippi federal court arguing that it should deny the city’s motion to dismiss their class action on grounds that they have “plausibly pleaded” a claim for the violation of their bodily integrity and that their second amended complaint includes facts showing that they relied on the city’s misrepresentations about the water crisis in making their decision to continue drinking tap water.
April 09, 2024
Michigan Residents: 3M, DuPont Liable For Knowingly Polluting Water With PFAS

DETROIT — Michigan residents sued 3M Co., E.I. DuPont de Nemours & Co. (DuPont) and other chemical manufacturers on April 8 in Michigan federal court contending that they are liable for contaminating local drinking water with per- and polyfluoroalkyl substances (PFAS) during the defendants’ “decade-long calculated, fraudulent, and knowing concealment of their polluting activities.”
April 09, 2024
Norfolk Southern To Pay $600M To Settle Ohio Train Derailment Litigation

YOUNGSTOWN, Ohio — Norfolk Southern Railway Co. and Norfolk Southern Corp. (Norfolk Southern collectively) and the plaintiffs suing them filed notice in Ohio federal court on April 9 indicating that they have reached a $600 million agreement in principle to resolve the class action pertaining to alleged injuries from the release of toxic chemicals in the 2023 train derailment in East Palestine, Ohio; a third-party lawsuit among Norfolk Southern and railcar companies continues.
April 08, 2024
Judge Seals Portions Of Flint Experts’ Opinions, Guarding Minors’ Personal Data

ANN ARBOR, Mich. — A federal judge in Michigan on April 5 issued an order granting a motion to seal certain portions of the opinions of plaintiffs’ experts in the litigation over the water crisis in Flint, Mich., ruling that some aspects of their opinions include medical and personal information of minor children.
April 08, 2024
Water District: Appeal Of AFFF Deal Valid, Claim About Motive ‘Inflammatory’

CHARLESTON, S.C. — A California water district has filed a brief in South Carolina federal court denying what it calls an “inflammatory charge” against it leveled by class counsel in the multidistrict litigation for the firefighting substance aqueous film forming foam (AFFF) who seek an appeal bond from the water district related to its decision to appeal the court’s approval of a $1.18 billion class settlement between plaintiffs and E.I. DuPont de Nemours & Co. related to per- and polyfluoroalkyl substances (PFAS) contamination from AFFF.
April 05, 2024
Michigan Panel ‘Improperly Inserted Itself’ Into PFAS Rules Process, Agency Says

LANSING, Mich. — The Michigan Department of Environment, Great Lakes and Energy (EGLE) has filed a supplemental brief in support of its appeal in the Michigan Supreme Court arguing that it complied with the plain language of the Michigan Administrative Procedures Act (MAPA) when it estimated compliance costs for only the per- and polyfluoroalkyl substances (PFAS) drinking water rules under the Safe Drinking Water Act (SDWA) and that the Michigan Court of Appeals “improperly inserted itself into the rulemaking process.”
April 04, 2024
Following Stipulation, Judge Dismisses 1 Defendant In Camp Lejeune Phone Call Case

WHEELING, W.Va. — Following a stipulation by the plaintiff, a federal judge in West Virginia on April 3 issued an order dismissing with prejudice the plaintiff’s claims against one of the law firm defendants in her case alleging that multiple parties engaged in illegal phone calls soliciting clients for mass tort cases relating to toxic water exposure at Camp Lejeune. Her claims against the other defendants remain pending.
April 04, 2024
Insurer Says District Court Properly Found Coverage Is Barred For Cleanup Costs

ATLANTA — A district court’s ruling that no coverage is owed to an insured for contamination cleanup costs caused by the release of petroleum and other contaminants from an underground storage tank at a gas station must be affirmed because the district court correctly found that the claim for contamination cleanup costs incepted prior to the issuance of the policy and is, therefore, barred from coverage, the insurer says in its appellee brief filed in the 11th Circuit Court of Appeal.
April 02, 2024
Judge Grants Final Approval To $12.5B PFAS Settlement Between 3M, Water Providers

CHARLESTON, S.C. — A federal judge in South Carolina has given final approval to a $12.5 billion class action settlement between 3M Co. and water providers who sued the company alleging that it was liable for contamination of drinking water with per- and polyfluoroalkyl substances (PFAS). In the order, the judge said that objections to the deal raised by the Ojibwe Tribe of Native Americans had been addressed.
April 01, 2024
Judge Dismisses Federal Claims Against School District For Lead, Asbestos Exposure

HARRISBURG, Pa. — A federal judge in Pennsylvania dismissed state-created danger and substantive due process bodily integrity claims brought by residents who contend that they were poisoned by exposure to lead and asbestos in schools in Scranton, Pa., but the judge declined to exercise supplemental jurisdiction over the plaintiffs’ state law medical monitoring claim to allow them to file that claim in state court.