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

Mealey's Toxic Torts

January 22, 2024
Woman With Cancer Sues Monsanto, Says Roundup Is ‘Dangerous To Human Health’

INDIANAPOLIS — A woman with cancer on Jan. 18 sued Monsanto Co. in Indiana federal court contending that it is liable for her injury because it engaged in negligent and wrongful conduct when it sold the herbicide Roundup because it contains glyphosate, which is “defective, dangerous to human health, unfit and unsuitable to be marketed and sold in commerce.”
January 19, 2024
6th Circuit Refuses Rehearing En Banc For Firefighter’s PFAS Injury Case

CINCINNATI — A panel of the Sixth Circuit U.S. Court of Appeals on Jan. 18 denied a firefighter’s petition for rehearing en banc of the panel’s ruling that he failed to allege “any plausible pathway” by which per- and polyfluoroalkyl substances (PFAS) had gotten into his bloodstream. The firefighter had argued that “undisputed evidence” showed that each defendant in the class action made PFAS and bears responsibility for contaminating his blood.
January 19, 2024
Woman Seeks Default Judgment Against Defendant In Camp Lejeune Phone Call Case

WHEELING, W.Va. — A woman representing a putative class on Jan. 18 moved for an entry of default against a law group that is a defendant in a lawsuit over alleged illegal phone calls soliciting clients for mass tort cases relating to toxic water exposure at Camp Lejeune, arguing that it is currently unrepresented in the lawsuit and the case is effectively at a standstill.
January 19, 2024
Woman Sues Navy For PFAS Contamination Of Island’s Groundwater Supply

SEATTLE — A woman has sued the US. Department of Defense (DOD) and the U.S. Department of the Navy in Washington federal court seeking damages for allegedly contaminating groundwater with per- and polyfluoroalkyl substances (PFAS) through discharges of the chemical at a Naval Air Station on Whidbey Island.
January 19, 2024
Government: DuPont Is Necessary Party In Injury Case About Chloroprene Emissions

NEW ORLEANS — The U.S. government has filed a brief in Louisiana federal court arguing that DuPont Specialty Products USA LLC is a necessary party in a chemical injury lawsuit involving carcinogenic chloroprene emissions from neoprene manufacturing operations and, therefore, the district court should deny DuPont’s motion for judgment on the pleadings in which it insists that it must be dismissed from the case.
January 18, 2024
Justice Dismisses Injury Case, Says Plaintiff Did Not Satisfy Medical Latency Period

NEW YORK — A New York justice has ruled that a man who claimed that he got lung cancer from working as a painter on numerous construction sites in the city had not established that his injuries were caused by his work at those sites. Instead, the justice said that defense experts showed that the medical latency period for the injuries in question had not been satisfied.
January 18, 2024
Monsanto Says $784M PCB Punitive Damages Award Is ‘Staggering,’ Seeks Offset

SEATTLE — Monsanto Co. has moved in Washington state court seeking remittitur and offset of an $857 million combined verdict related to injuries from exposure to polychlorinated biphenyls (PCBs) at a Seattle area school, arguing that the total punitive damages award of $784 million for eight plaintiffs “cannot withstand constitutional scrutiny.”
January 18, 2024
Class Suit: Food Products Toxic Due To High Levels Of Lead And Other Materials

MIAMI — Consumers have filed a putative class action in Florida federal court contending that the makers of applesauce and apple cinnamon fruit puree pouches are liable for recklessly or intentionally failing to disclose that the products were “toxic and unfit for human consumption and contained hazardous levels of lead, as well as high levels of chromium and potentially other toxic materials.”
January 17, 2024
High Court Told ‘Chaos’ Will Ensue ‘In A World Without Chevron’ Deference

WASHINGTON, D.C. — The U.S. Supreme Court was told Jan. 17 that “chaos” will ensue “in a world without Chevron” deference by government attorneys, who urged it to apply stare decisis and uphold Chevron, which is being challenged in two cases arising out of federal fishing regulations.
January 18, 2024
Judge Says Flint Trial Against Engineering Firm Will Consider Nonparties At Fault

ANN ARBOR, Mich. — A federal judge in Michigan has denied a request by plaintiffs in the Flint water crisis litigation and ruled that a forthcoming trial against an engineering firm that was involved in switching the city’s water supply will consider the issue of nonparties at fault, such as the state and city officials who participated in that decision.
January 17, 2024
In Case Sent To MDL, Plaintiffs Say Paraquat Makers Are Liable For Wrongful Death

WASHINGTON, D.C. — The U.S. Judicial Panel on Multidistrict Litigation (JPMDL) on Jan. 16 transferred a wrongful death lawsuit to the MDL in Illinois federal court for litigation involving injuries allegedly caused by the pesticide paraquat. The transferred case alleges that the makers of paraquat knew, or should have known, of the hazardous nature of the product.
January 17, 2024
PFAS Defendant Says Plaintiffs Fail To State A Claim, Damages Not Recoverable

BOSTON — A defendant in a lawsuit alleging drinking water contamination by per- and polyfluoroalkyl substances (PFAS) on Jan. 16 filed an answer in Massachusetts federal court denying the allegations against it and asserting affirmative defenses arguing that the plaintiffs fail to state a claim upon which relief can be granted.
January 17, 2024
Government Says Release Of Camp Lejeune Water Report Would Be Premature

RALEIGH, N.C. — The U.S. government on Jan. 16 filed a brief in North Carolina federal court arguing that a magistrate judge properly denied the plaintiffs’ motion to compel the government to produce documents related to a federal agency’s draft study examining human health effects associated with exposure to the drinking water at the U.S. Marine Corps Base at Camp Lejeune. The government says the need to avoid damage from the premature release of the report outweighs the plaintiffs’ need.
January 17, 2024
Judge Denies Monsanto’s Bid To Exclude Witness In Glyphosate Cancer Lawsuit

SAN FRANCISCO — A federal judge in California has denied Monsanto Co.’s effort to exclude a plaintiff’s expert in a glyphosate cancer lawsuit, ruling that Monsanto’s reasoning for why the expert should be stricken “does not find any support” in the cases Monsanto cited in support of its argument.
January 16, 2024
Judge Says PFAS Cases Related To Tampon Products Fail To State A Claim

SAN FRANCISCO — A federal judge in California on Jan. 12 dismissed two related cases that had been combined, ruling that the plaintiffs did not plausibly allege that the defendants’ tampon products contain per- and polyfluoroalkyl substances (PFAS) and that the allegations were “insufficient to state a plausible claim for relief.”
January 16, 2024
L’Oreal Denies Claims In Hair Relaxer Case, Says Punitive Damages ‘Impermissible’

CHICAGO — L’Oreal USA Inc. on Jan. 12 filed an answer in Illinois federal court denying claims brought against it by users of its hair relaxer products, arguing that the products are not toxic. L’Oreal also denies that it engaged in “wrongful practices” in marketing the product and says punitive damages are “impermissible” pursuant to U.S. Supreme Court precedent.
January 12, 2024
Judge: Claims For Negligent Medical Care Survive In Water Case Against U.S. Navy

HONOLULU — A federal judge in Hawaii on Jan. 11 dismissed some claims in a contaminated groundwater case against the U.S. Navy but ruled that the medical negligence claims of 77 of 298 plaintiffs survived because there is sufficient evidence that the government failed to give proper medical care.
January 09, 2024
Monsanto Seeks Reduction Of $1.5B Punitive Award, New Trial In Roundup Cases

JEFFERSON CITY, Mo. — Monsanto Co. has filed a supplemental motion for remittitur in Missouri state court, arguing that it is entitled to a reduction and offset of $1.5 billion in punitive damages awarded to three plaintiffs who won their case for injuries from exposure to glyphosate, the active ingredient in the herbicide Roundup.
January 08, 2024
Judge Stays Delaware PFAS Case Pending Result In North Carolina Litigation

WILMINGTON, Del. — A state court judge in Delaware on Jan. 5 stayed a lawsuit brought by a North Carolina water utility against EIDP Inc., formerly known as E.I. du Pont de Nemours & Co., and its affiliates over allegations that they have deliberately evaded accountability for their releases of per- and poly fluoroalkyl substances (PFAS) and have withheld from state regulators and the public information related to the safety of PFAS. The judge did not elaborate on the decision to stay the case.
January 05, 2024
Judge Says Chronic Injury Claims May Not Head To Trial In Chemical Exposure Case

HOUSTON — A federal judge in Texas has ruled that a plaintiff in a chemical injury lawsuit has not offered admissible expert testimony to establish that styrene exposure caused his long-term injures, therefore, his chronic injury claims may not proceed to trial.
January 05, 2024
Man Says Monsanto Knew Glyphosate Was Dangerous, Colluded With Officials

BATON ROUGE, La. — A man with cancer has sued Monsanto Co. in federal court in Louisiana, alleging that it manufactured and sold the herbicide Roundup with “full knowledge of its dangerous and defective nature” and that Monsanto violated federal regulations in an attempt to collude with certain employees of the U.S. Environmental Protection Agency in a strategy “to quash investigations into the carcinogenicity of glyphosate,” Roundup’s active ingredient.
January 04, 2024
Judge Says Some Causes Of Action Warrant Class Status In PFAS Drinking Water Case

CONCORD, N.H. — A federal judge in New Hampshire has partially granted class certification in a long-running lawsuit over drinking water contamination from per- and polyfluoroalkyl substances (PFAS), ruling that trespass, negligence and negligent failure to warn causes of action can be resolved jointly across the class, but the plaintiffs’ nuisance claim could not.
January 04, 2024
Roundup Cancer Appeal Is Set To Proceed In 9th Circuit

SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Jan. 3 issued a scheduling notice confirming an appeal filed by four people who contend that the herbicide Roundup causes cancer, as they challenge a lower court’s order dismissing their case against Monsanto Co., the maker of the herbicide Roundup.
January 04, 2024
Judge Dismisses PFAS Case Against Pomegranate Juice Maker For Lack Of Standing

NEW YORK — A federal judge in New York has dismissed a putative class action against a company that sells pomegranate juice, ruling that the plaintiff lacks standing to allege that the drinks contain per- and polyfluoroalkyl substances (PFAS) because she makes only conclusory allegations insufficient to plausibly allege that the product contains PFAS.
January 03, 2024
Judge Excludes Flint Witness, Says Testimony Not Reliable Under Daubert Standard

ANN ARBOR, Mich. — A federal judge in Michigan on Jan. 2 granted a motion to exclude one of the plaintiffs’ expert witnesses in the Flint water crisis litigation, ruling that in his analysis he “repeatedly deviated” from accepted methodology without providing adequate explanation for his choice to do so. As a result, the judge said the plaintiffs did not show that their expert’s testimony is reliable under Daubert v Merrell Dow Pharmaceuticals Inc.