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

Mealey's Toxic Torts

December 07, 2023
COMMENTARY: Fire & Rain: 2023 Key Decisions & Developments Impacting The Wide World Of Insurance

By Scott M. Seaman, Pedro E. Hernandez and Lisa M. Roccanova
December 11, 2023
School Districts Add Railcar Owners As Defendants In Ohio Train Derailment Lawsuit

PITTSBURGH — Pennsylvania school districts that have sued Norfolk Southern Corp. and Norfolk Southern Railway Co. (collectively, Norfolk Southern) in connection with the train derailment in East Palestine, Ohio, that led to the release of toxic chemicals in the air and groundwater have filed an amended complaint in Pennsylvania federal court adding as defendants owners of the specific railcars that were involved in the accident. The plaintiffs argue that the railcar owners share liability for the incident because their railcars were not properly maintained.
December 04, 2023
Deepwater Horizon Injury Case Fails For Lack Of Causation, Judge Says

MOBILE, Ala. — A federal judge in Alabama granted summary judgment to BP Exploration & Production Inc. and BP America Production Co. (collectively, BP), ruling that a woman who sued BP related to injuries allegedly caused by exposure to chemicals during the cleanup operation that followed the Deepwater Horizon oil spill had not shown causation. The judge said the failure to show causation was fatal to the plaintiff’s claim.
December 01, 2023
Judge Dismisses PFAS Class Action Against Target, Finds Jurisdiction Was Lacking

FRESNO, Calif. — A federal judge in California on Nov. 30 dismissed for lack of jurisdiction a class lawsuit brought by a woman who contended that Target Corp. sold single-use tableware that it advertised as compostable when the items actually contained per- and polyfluoroalkyl substances (PFAS).
December 01, 2023
Water Suppliers Say $1.18B PFAS Deal Is ‘Unreasonable Because It Is Overbroad’

CHARLESTON, S.C. — A group of public water suppliers in the multidistrict litigation for the firefighting agent known as aqueous film forming foam (AFFF), which contains per- and polyfluoroalkyl substances (PFAS), have filed a brief in South Carolina federal court opposing class counsel’s brief in support of final approval of a $1,185,000,000 class settlement, arguing that the release of claims that is part of the deal is “unreasonable because it is overbroad.”
December 01, 2023
Government: Water Case Should Be Partly Dismissed As Expert Fails To Offer Opinion

HONOLULU — The U.S. government on Nov. 30 filed in a Hawaii federal court a statement of facts in support of its motion for partial summary judgment in a lawsuit over drinking water contamination issues at a military facility that stores jet fuel, arguing that the court should dismiss the plaintiffs’ claim for fear of latent injury because a plaintiffs’ expert did not offer an opinion as to which specific cancers certain bellwether plaintiffs are at an increased risk of developing as a result of their exposure.
December 01, 2023
Man With Parkinson’s Says Paraquat Makers Knew It Was ‘Highly Toxic’

EAST ST. LOUIS, Ill. — A man with Parkinson’s disease has sued the makers of the pesticide paraquat in Illinois federal court, contending that they are liable for his injury because they knew, or should have known, that paraquat is a “highly toxic substance that can cause neurological injuries,” yet they say it is safe.
November 30, 2023
Ohio, DuPont Reach $110M Deal To Resolve C8 Pollution From Washington Works Plant

COLUMBUS, Ohio — Ohio Gov. Mike DeWine and E.I. du Pont de Nemours & Co. on Nov. 29 separately announced that they reached a $110 million settlement of a perfluorooctanoic acid (PFOA), also called C8, groundwater contamination case brought by the state related to pollution from DuPont’s Washington Works Plant. The settlement establishes an environmental restoration fund that will address the pollution from the plant, as well as damages caused by firefighting foam that contains PFOA.
November 29, 2023
Monsanto: Dismissal Warranted After Glyphosate Plaintiff Ignores Motion To Dismiss

SAN FRANCISCO — Monsanto Co. filed a reply brief in California federal court on Nov. 28 arguing that it should dismiss for failure to prosecute a glyphosate cancer lawsuit after the plaintiff failed to respond to Monsanto’s motion to dismiss. In the alternative, Monsanto asks the court to issue an order to show cause.
November 29, 2023
Monsanto: Glyphosate Expert Warrants Exclusion, Affidavit Is Not An Expert Report

SAN FRANCISCO — Monsanto Co. filed a reply brief in California federal court on Nov. 28 contending that a plaintiff’s expert in a glyphosate cancer lawsuit should be excluded because the plaintiff has failed to provide information required by the Federal Rules of Civil Procedure and it is “undisputed” that the expert’s affidavit is not an expert report.
November 28, 2023
Panel Remands PFAS Exposure Case For Dismissal On Grounds Jurisdiction Is Lacking

CINCINNATI — A panel of the Sixth Circuit U.S. Court of Appeals on Nov. 27 ruled that a firefighter who sued the makers of the agent known as aqueous film forming foam (AFFF), which contains per- and polyfluoroalkyl substances (PFAS), had failed to allege “any plausible pathway” by which PFAS got into his bloodstream, and it vacated the class certification order and remanded the case with instructions to dismiss it for lack of jurisdiction.
November 28, 2023
Judge Says Motion To Compel Documents In Flint Tort Claims Act Case Is ‘Moot’

DETROIT — A federal judge in Michigan has denied a motion to compel production of unredacted versions of documents in litigation seeking $722.4 million under the Federal Tort Claims Act (FTCA) related to the Flint water crisis, ruling that the motion is moot because the U.S. government produced an unredacted version of one of the documents at issue, and the plaintiffs failed to comply with pre-filing requirements with regard to the other documents.
November 28, 2023
Man With Parkinson’s Disease Says Companies Concealed Dangers Of Paraquat

EAST ST. LOUIS, Ill. — A man with Parkinson’s disease on Nov. 27 sued the makers of the pesticide paraquat in Illinois federal court, arguing that they are liable for his injury because they had knowledge of the relationship between paraquat exposure and Parkinson’s disease but they “actively and fraudulently concealed this information” from the public.
November 27, 2023
Monsanto Says Glyphosate Case Fails For Plaintiffs’ Lack Of Reliable Evidence

SAN FRANCISCO — Monsanto Co. on Nov. 24 filed an answer in California federal court denying allegations brought by a group that claims that they were injured by exposure to glyphosate, the active ingredient in the herbicide Roundup. The company also maintains that the plaintiffs’ claims are barred because they “cannot proffer any scientifically reliable evidence that the products at issue were defective or unreasonably dangerous.”
November 22, 2023
Norfolk Southern: Rail Car Owners Liable For Chemical Spill From Train Derailment

YOUNGSTOWN, Ohio — Norfolk Southern Corp. and Norfolk Southern Railway Co. (collectively, Norfolk Southern) filed a brief in Ohio federal court arguing that it should deny a motion to dismiss the third-party complaint Norfolk Southern has filed against rail car owners in relation to the train derailment in East Palestine, Ohio. Norfolk Southern contends that it is a common carrier and is entitled to seek cost recovery from rail car owners under federal law that imposes liability on rail car owners when their rail cars dispose hazardous substances into the environment.
November 22, 2023
Deepwater Horizon Defendants Deny Liability, Say Plaintiffs Fail To State A Claim

JACKSON, Miss. — BP Exploration & Production Inc. and its affiliates connected to the Deepwater Horizon oil spill have filed an answer to an injury lawsuit in Mississippi federal court, denying all allegations and arguing that the complaint fails to state a claim upon which relief can be granted.
November 22, 2023
Georgia Court Stays Release Of PFAS Settlement As DuPont Claims Trade Secrets

ATLANTA — The Georgia Court of Appeals stayed an order by a trial court that called for the terms of a per- and polyfluoroalkyl substances (PFAS) settlement to be published and granted an emergency motion filed by E.I. du Pont de Nemours & Co. and its affiliates seeking to keep the terms of the agreement private on grounds that it contains trade secrets.
November 22, 2023
Government: Flint Parties’ Bid To Compel Documents In Tort Claims Act Case ‘Moot’

DETROIT — The U.S. government has filed a brief in Michigan federal court contending that it should deny a plaintiffs’ motion to compel production of unredacted versions of documents in litigation seeking $722.4 million under the Federal Tort Claims Act (FTCA) related to the Flint water crisis because the motion is “moot” in light of what it has provided previously in the litigation.
November 22, 2023
Residents Seek Emergency Remand Of PFAS Case, Say Federal Issues Not At Play

HARTFORD, Conn. — Residents have filed a brief in Connecticut federal court seeking expedited consideration of their motion to remand their lawsuit alleging drinking water contamination from per- and polyfluoroalkyl substances (PFAS) in light of the defendants’ attempt to move forward as part of a multidistrict litigation before the district court has a chance to rule on jurisdiction. The residents argue that they do not assert any causes of action under federal law and, therefore, the case belongs in state court.
November 21, 2023
Jury Awards More Than $1.56B Against Monsanto In Roundup Cancer Litigation

JEFFERSON CITY, Mo. — A Missouri state court jury has awarded three plaintiffs a combined total of $1,561,100,000 in damages against Monsanto Co. for injuries caused by exposure to glyphosate, the active ingredient in the herbicide Roundup. The plaintiffs had filed separate petitions, but the cases were heard together at trial.
November 21, 2023
Government Admits Camp Lejeune Water Is Tainted, Denies It Is ‘Necessarily Unsafe’

RALEIGH, N.C. — The U.S. government filed an answer in North Carolina federal court on Nov. 20 saying that while it admits that U.S. Marine Corps Base Camp Lejeune “may have provided contaminated water” to people who used the base between 1953 and 1987, it denies that the extent of the contamination is “undisputed and well-documented” or “that a measured or simulated concentration above” a maximum contaminant level (MCL) “is necessarily unsafe.”
November 21, 2023
Jury Awards More Than $165M Against Monsanto For PCB Injuries At Seattle School

SEATTLE — A Washington state jury on Nov. 20 awarded a combined total of $165,082,000 in compensatory and punitive damages to former teachers and staff at a Seattle area school for injuries stemming from exposure to polychlorinated biphenyls (PCBs), finding that Pharmacia LLC, a successor to Monsanto Co., was negligent when it supplied a product that was not safe and that Monsanto misrepresented facts about the dangers of PCBs.
November 21, 2023
Additional Exhibits In Water Case Do Not Support Sanctions, Government Says

HONOLULU — The U.S. government on Nov. 20 filed a brief in Hawaii federal court arguing that it should deny plaintiffs’ motion for discovery sanctions because they failed to meet the requirements for an adverse inference under Federal Rule of Civil Procedure 37(e)(2) in their claim that the government destroyed text message electronic evidence related to drinking water contamination issues at a military facility that stores jet fuel.
November 21, 2023
Insurers Say Contribution To Lead Abatement Fund Is Not Damages Under Policies

COLUMBUS, Ohio — An Ohio appellate court erred in determining that an insured’s obligation to contribute to a lead paint abatement fund constitutes damages under insurance policies because the language of the policies establishes that there were no damages for which coverage is afforded, the insurers reiterate in an appellant reply brief filed in the Ohio Supreme Court.
November 20, 2023
Norfolk Southern: Schools’ Train Derailment Case Fails To Plausibly Allege Facts

PITTSBURGH — Norfolk Southern Corp. and Norfolk Southern Railway Co. (collectively, Norfolk Southern) on Nov. 17 filed a motion to dismiss in Pennsylvania federal court contending that Pennsylvania school districts that have sued Norfolk Southern in connection with the train derailment in East Palestine, Ohio, that led to the release of toxic chemicals in the air and groundwater fail to plausibly allege facts supporting their claims, which it says are preempted by federal law.