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

Mealey's Toxic Torts

October 23, 2023
Flint Judge Excludes Expert’s In Utero Lead Exposure Opinion, Allows Others

ANN ARBOR, Mich. — A federal judge in Michigan on Oct. 20 ruled that a plaintiffs’ expert in the litigation pertaining to the lead-contaminated water crisis in the city of Flint, Mich., can testify on lead exposure in the city and its effect on cardiovascular and reproductive health, but he is excluded from testifying about the implications of in utero exposure.
October 20, 2023
Jury Rules For Monsanto On 2 Of 3 Claims In Glyphosate Case, Awards Man $1.25M

ST. LOUIS — A jury in Missouri state court on Oct. 20 delivered a mixed verdict in a lawsuit against Roundup herbicide manufacturer Monsanto Co., ruling in favor of the plaintiff on only one of three causes of action and awarding him $1.25 million in compensatory damages but nothing in punitive damages.
October 20, 2023
Plaintiffs’ Bid For Sanctions In Tainted Water Case Is ‘Improper,’ Government Says

HONOLULU — The U.S. government on Oct. 19 filed a brief in Hawaii federal court arguing that it should deny a motion for sanctions filed by plaintiffs in a groundwater contamination case who allege that the government destroyed evidence. The government says sanctions are “fundamentally improper” and constitute “extreme relief” because the plaintiffs have not been prejudiced and there has been no loss of responsive information.
October 20, 2023
Attorneys Debate Glyphosate’s Carcinogenicity In Roundup Trial Closing Statements

ST. LOUIS — Attorneys in a case brought by a man who contends that he developed cancer from exposure to glyphosate, the active ingredient in the herbicide Roundup, presented closing arguments on Oct. 19, debating the carcinogenicity of glyphosate and criticizing each other’s expert witnesses. The plaintiff’s attorney insisted that Monsanto Co., the maker of Roundup, violated its own code of conduct, and Monsanto’s counsel said the plaintiff’s cancer was “nobody’s fault.”
October 19, 2023
Decision To Include Insurance Case In Firefighting Foam MDL Belongs With JPMDL

CHARLESTON, S.C. — A federal judge in South Carolina has denied motions to dismiss the insurance coverage dispute brought by defendant Tyco Fire Products LP related to injuries from the firefighting substance aqueous film forming foam (AFFF) in the multidistrict litigation for AFFF, citing the doctrine of forum non conveniens and South Carolina’s door closing statute. However, the judge also said that although Tyco had directly filed the coverage lawsuit in the MDL, the decision to include it as part of the MDL should be made by the U.S. Judicial Panel on Multidistrict Litigation (JPMDL) and not the transferee court.
October 18, 2023
Default Sought For Defendant In Camp Lejeune Client Solicitation Case

WHEELING, W.Va. — A woman representing a putative class on Oct. 17 moved for an entry of default against one of the defendants in a lawsuit over alleged illegal phone calls soliciting clients for mass tort cases relating to toxic water exposure at Camp Lejeune, arguing that the defendant has failed to plead or otherwise defend itself in the litigation.
October 18, 2023
Norfolk Southern Says Railcar Owners Are Liable For Train Derailment Injuries

YOUNGSTOWN, Ohio — Norfolk Southern Railway Co. and Norfolk Southern Corp. (collectively, Norfolk Southern) have filed a brief in Ohio federal court opposing dismissal of their third-party complaint against chemical companies and railcar companies involved in the train derailment in East Palestine, Ohio, which released vinyl chloride and other toxins, arguing that railcar owners and shippers are responsible for the chemicals released during the derailment.
October 17, 2023
Insurers Say Case Seeking Coverage For AFFF Claims Was Improperly Filed

CHARLESTON, S.C. — An insurance company on Oct. 16 filed a brief in South Carolina federal court in which it joins the arguments of other insurance companies that contend an amended complaint by Tyco Fire Products LP that seeks insurance coverage for claims arising from injuries associated with the firefighting agent aqueous film forming foam (AFFF) should be dismissed because of a related case that would require the parties to “devote time and resources to litigating two coverage actions on the same issues at the same time, at risk of inconsistent rulings on the same policies.”
October 17, 2023
Counsel In Firefighting Foam Settlement Seek More Than $96M In Fees, Costs

CHARLESTON, S.C. — The class counsel who reached a $1.18 billion settlement related to injury claims stemming from 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 seeking a combined $96,936,213.21 in attorney fees and costs.
October 16, 2023
Supreme Court Grants Certiorari In 2nd Challenge To Chevron Deference

WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 13 granted a petition for a writ of certiorari in a second case challenging the doctrine of Chevron deference and ordered that it be briefed on a schedule allowing argument “in tandem” with a pending case pertaining to the same issue, both of which involve challenges to regulations that require fishing vessels to pay federal monitors.
October 16, 2023
Federal Judge Grants Motion To Voluntarily Dismiss Pipeline Explosion Suit

BIRMINGHAM, Ala. — An Alabama federal judge granted a motion to voluntarily dismiss with prejudice a lawsuit filed by two insurers seeking a declaration that no coverage is owed for a gas pipeline explosion after the insurers notified the court that they reached a settlement with their insureds.
October 16, 2023
Judge Dismisses PFAS Case Against L’Oreal For Lack Of Injury

NEW YORK — A federal judge in New York has dismissed a lawsuit brought by multiple plaintiffs who alleged that the cosmetics company L’Oreal USA Inc. was liable for false advertising of some of its products because it did not indicate that those items contain per- and polyfluoroalkyl substances (PFAS), ruling that the plaintiffs failed to demonstrate an actual injury.
October 13, 2023
Panel Sends 2 Cases Alleging ‘Wrongful Conduct’ Against Monsanto To Roundup MDL

WASHINGTON, D.C. — The U.S. Judicial Panel on Multidistrict Litigation (JPMDL) on Oct. 12 transferred two more lawsuits to the multidistrict litigation for cases alleging that exposure to the herbicide Roundup caused plaintiffs to develop cancer. In one case that is representative of both actions, the plaintiff argues that Monsanto Co., the maker of Roundup, engaged in “negligent and wrongful conduct” related to the manufacture and sale of Roundup.
October 13, 2023
Magistrate Denies Companies’ Motion To Dismiss PFAS Case, Says Claims Valid

PORTLAND, Maine — A federal magistrate judge in Maine has denied a motion to dismiss a per- and polyfluoroalkyl substances (PFAS) lawsuit, ruling that a fact finder could “plausibly find” that the defendants, companies that supplied PFAS for use at paper mills, “participated to a substantial extent” in carrying on the nuisance at issue because they allegedly knew of the risks of unconfined discharges of PFAS into the environment and failed to provide any warnings.
October 13, 2023
Judge Dismisses Dental Floss PFAS Case For Lack Of Plausible Allegations

NEW YORK — A federal judge in New York has dismissed a putative class action alleging that dental floss made by Procter & Gamble Co. contains per- and polyfluoroalkyl substances (PFAS), ruling that the plaintiffs fail to plausibly allege that a specific dental floss product contains PFAS or causes harm to customers.
October 12, 2023
Firm Says Plaintiffs’ Expert Should Be Excluded In Flint Water Crisis Litigation

ANN ARBOR, Mich. — An engineering firm that has been named as a defendant in the litigation related to the lead-contaminated water crisis in Flint, Mich. on Oct. 11 filed a supplemental brief in Michigan federal court arguing that the plaintiffs “should not be allowed to surprise [the firm] with new claims for damages this late into the litigation,” therefore, the court should exclude the plaintiffs’ expert’s testimony about in utero lead exposures.
October 12, 2023
Monsanto Says Bid To Strike Affirmative Defenses In Glyphosate Case Is ‘Meritless’

SAN FRANCISCO — Monsanto Co. has filed an opposition brief in California federal court contending that a plaintiff’s motion to strike the company’s affirmative defenses in a glyphosate cancer case is “meritless” because the motion is “procedurally defective” and offers “underdeveloped reasons” for the plaintiff’s argument.
October 12, 2023
Judge Approves Class In PFAS Case Against DuPont Related To Cape Fear River

WILMINGTON, N.C. — A federal judge in North Carolina has granted class certification to plaintiffs in a long-running lawsuit against E.I. du Pont de Nemours & Co. and its affiliates related to claims that they dumped per- and polyfluoroalkyl substances (PFAS) in the Cape Fear River, resulting in groundwater contamination that caused injuries to resident in the area.
October 12, 2023
Judge Says Glyphosate Case Failed Due To ‘Insufficiency Of Expert Evidence’

ST. LOUIS — The Missouri state court judge who granted Monsanto Co. a directed verdict at the close of a glyphosate cancer trial has issued the official order related to that decision, indicating that the ruling was based on “the insufficiency of expert evidence needed to establish specific causation to make a submissible case.”
October 12, 2023
Agency Seeks Michigan High Court Review Of Ruling On PFAS Compliance Costs

LANSING, Mich. — The Michigan Department of Environment Great Lakes Energy (EGLE) has filed a petition with the Michigan Supreme Court, arguing that a lower court erred when it found that drinking water rules for per- and polyfluoroalkyl substances (PFAS) should be invalidated because EGLE did not include in its regulatory impact statement an estimate of costs that businesses would incur due to the changes to the state’s cleanup criteria.
October 11, 2023
Insurer: AFFF Defendant’s Coverage Claim Fails For Lack Of Jurisdiction

CHARLESTON, S.C. — Allstate Insurance Co. on Oct. 10 filed a reply brief in South Carolina federal court arguing that Tyco Fire Products LP fails to establish that the court has jurisdiction over Allstate in Tyco’s lawsuit seeking insurance coverage for the multidistrict litigation for claims arising from injuries associated with the firefighting agent aqueous film forming foam (AFFF).
October 11, 2023
Plaintiffs’ Master Complaint Seeks Damages For Exposure To Camp Lejeune’s Water

RALEIGH, N.C. — The plaintiffs who sued the U.S. government over injuries allegedly from toxic water at U.S. Marine Corps Base Camp Lejeune filed a master complaint in North Carolina federal court asking it to enter judgment against the government pursuant to the Camp Lejeune Justice Act of 2022 (CLJA) and award damages for the harm they have endured.
October 10, 2023
Panel Affirms Dismissal Of Deepwater Horizon Injury Case For Lack Of Causation

NEW ORLEANS — A panel of the Fifth Circuit U.S. Court of Appeals in an unpublished opinion has agreed with a lower court’s decision that a plaintiff’s medical experts failed to show causation in a lawsuit against BP Exploration & Production Inc. related to injuries the plaintiff allegedly sustained while assisting with the cleanup of the Deepwater Horizon oil spill.
October 09, 2023
Newspapers Say DuPont’s Trade Secret Claim Related To PFAS Settlement Fails

ROME, Ga. — Two newspapers have filed a brief in Georgia state court arguing that E.I. du Pont de Nemours & Co. and its affiliates are not permitted to prevent the publication of the terms of a settlement related to a lawsuit brought by the city of Rome against DuPont concerning contamination from per- and polyfluoroalkyl substances (PFAS) because “it has long been settled law in Georgia that public agencies cannot make payments that they make or receive in connection with settlement agreements secret.”
October 04, 2023
N.Y. Federal Judge: Not Enough Evidence To Find Oil Spill Claims Are Time-Barred

BROOKLYN, N.Y. — There is not enough evidence at this stage to determine whether claims of property damage and personal injury raised by residents of a former industrial neighborhood who say they were harmed by an oil spill are time-barred, a New York federal judge found in denying a motion to dismiss filed by the company allegedly responsible for the spill.