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

Mealey's Toxic Torts

September 01, 2023
DuPont Says High Court Review Needed For ‘Deeply Flawed’ $40M PFAS Ruling

WASHINGTON, D.C. — E.I. du Pont de Nemours & Co. has filed a reply brief in the U.S. Supreme Court contending that a lower court’s decision affirming a $40 million per- and polyfluoroalkyl substances (PFAS) verdict against it is “deeply flawed” because it misapplies Supreme Court precedent by allowing the results of “a handful of early trials to preclude trial on key issues across an entire” multidistrict litigation.
August 31, 2023
30 Cases Alleging Companies Knew PFAS Was Toxic Sent To Firefighting Foam MDL

WASHINGTON, D.C. — The U.S. Judicial Panel on Multidistrict Litigation (JPMDL) has transferred another 30 cases to the MDL for aqueous film forming foam (AFFF) litigation, a firefighting agent that contains per- and polyfuoroalkyl substances (PFAS). One of the cases, which is representative of the others, involves claims from the owner and operator of a water system in New York that contends that 3M Co., E.I. du Pont de Nemours & Co. and others are liable for contaminating its water supply because they knew that the PFAS they manufactured were toxic.
August 31, 2023
Subpoena Of Norfolk Southern’s Consultant In Ohio Case Is Valid, Plaintiffs Say

YOUNGSTOWN, Ohio — Plaintiffs who say they have been injured from exposure to toxic chemicals released from the train derailment in East Palestine, Ohio, have filed a brief in Ohio federal court arguing that their subpoena of a Norfolk Southern litigation consultant is valid and that they should not be required to withdraw the subpoena “simply based on Norfolk Southern’s blanket assertion of privilege.”
August 31, 2023
Racial Discrimination Claims Related To Chemical Injury Are ‘Meritless,’ City Says

GRAND RAPIDS, Mich. — Kalamazoo, Mich., and city officials have moved to dismiss a $600 million chemical injury lawsuit brought by Black residents who contend that their injuries from chemical emissions are the result of “intentional discrimination.” The city defendants say that the case is “meritless” and that the plaintiffs failed to allege any wrongdoing.
August 30, 2023
Judge Grants Initial Approval Of $12.5B PFAS Deal Between Water Providers And 3M

CHARLESTON, S.C. — A federal judge in South Carolina on Aug. 29 granted preliminary approval to a $12.5 billion 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).
August 30, 2023
School Districts Seek Punitive Damages For Injuries From Ohio Train Derailment

PITTSBURGH — Several school districts have sued Norfolk Southern Corp. and Norfolk Southern Railway Co. (collectively, Norfolk Southern) in Pennsylvania federal court arguing that its “negligent, reckless, ultrahazardous, and/or intentional conduct” led to the release of toxic chemicals in the air and groundwater when a train operated by Norfolk Southern derailed in East Palestine, Ohio.
August 29, 2023
Residents: Defendants Not Entitled To Immunity In Jackson Water Crisis Case

JACKSON, Miss. — The residents of Jackson who sued the city and some officials for injuries related to the contaminated water crisis in that city have filed a brief in Mississippi federal court contending that the defendants’ attempt to assert qualified immunity should be denied because the residents have “more than adequately pleaded” that the defendants acted with “deliberate indifference in violation of Plaintiffs’ fundamental constitutional rights to bodily integrity and to be free from state-created dangers.”
August 29, 2023
Judge: DuPont Is Properly Joined In Chemical Injury Lawsuit Against Its Affiliate

NEW ORLEANS — A federal judge in Louisiana has denied a motion to dismiss DuPont Specialty Products USA LLC from a chemical injury lawsuit involving carcinogenic chloroprene emissions from neoprene manufacturing operations, ruling that federal rules of procedure require the joinder of parties “whose interests may be impaired or impeded or whose absence prevents complete relief.”
August 29, 2023
Michigan Appeals Panel Rules State Must Provide Cost Estimate For PFAS Compliance

LANSING, Mich. — A divided Michigan appellate panel has affirmed a trial court ruling in favor of 3M Co. and held that state law requires a state agency to provide a regulatory impact statement (RIS) that includes an estimate of how much compliance with proposed rules related to per- and polyfluoroalkyl substances (PFAS) in drinking water will cost businesses.
August 29, 2023
Study: Children Living Near Fracking Wells Have Greater Chance Of Getting Cancer

PITTSBURGH — The University of Pittsburgh School of Public Health published a study that found that children who lived within one mile of a hydraulic fracturing well had “approximately 5 to 7 times the chance of developing lymphoma,” a relatively rare type of cancer, as compared to children who lived in a place with no wells within five miles.
August 29, 2023
Delaware High Court Says Cognizable Injury Must Manifest In Physical Illness

WILMINGTON, Del. — The Delaware Supreme Court has ruled that with regard to a chemical injury lawsuit, the increased risk of harm constitutes a cognizable injury only when manifested by physical illness.
August 28, 2023
Class Counsel Publish Table Of Estimated Payouts From DuPont, 3M For PFAS Claims

NEW YORK — One of the law firms that is a member of the Plaintiffs’ Executive Committee in the multidistrict litigation for the firefighting agent known as aqueous film forming foam (AFFF), which contains per- and polyfluoroalkyl substances (PFAS), has announced procedures for the allocation of more than $13.68 billion combined from settlements with E.I. DuPont de Nemours & Co. and 3M Co. The presiding judge in South Carolina federal court has set a settlement conference for Dec. 14.
August 18, 2023
Ohio Attorney General Reaches Deal In Train Derailment Charity Fraud Case

LISBON, Ohio — The Ohio attorney general has reached a settlement in a fraud lawsuit against the principal who ran a purported charity started in the wake of the train derailment in East Palestine, Ohio, in which he will pay $25,000 in civil penalties and the fundraising organization he used to solicit funds will pay $22,077.48 in restitution to a local food bank the charity claimed it was associated with.
August 17, 2023
Couple Says Supreme Court Should Not Hear DuPont’s Appeal Of $40M PFAS Verdict

WASHINGTON, D.C. — The couple that was awarded a $40 million verdict in a per- and polyfluoroalkyl substances (PFAS) case against E.I. du Pont de Nemours & Co. filed a brief in the U.S. Supreme Court arguing that it should not grant DuPont’s petition for review because “The uncommon posture and atypical facts of this case” weigh against certiorari.
August 17, 2023
Nonprofit Says Its Ohio Train Derailment Claims Against EPA Are Valid

YOUNGSTOWN, Ohio — A nonprofit organization has filed a brief in Ohio federal court contending that it should deny a motion to dismiss its lawsuit against the U.S. Environmental Protection Agency related to the East Palestine train derailment and the subsequent toxic chemical spill on grounds the EPA and local authorities failed to conduct proper testing for chemical spills and misled members of the public as to whether the air and drinking water were safe.
August 17, 2023
PFAS Plaintiffs Say DuPont Is Not Entitled To Discovery Regarding Settlement Costs

ALBANY, N.Y. — Plaintiffs in a per- and polyfluoroalkyl substances (PFAS) case against E.I. du Pont de Nemours and Co. filed a brief in New York federal court arguing that DuPont is requesting to pursue unnecessary discovery to which it is not entitled related to per-person cost data used to calculate a medical monitoring settlement.
August 17, 2023
Split Missouri Supreme Court Says Venue For Glyphosate Cases Should Be Moved

SPRINGFIELD, Mo. — A divided Missouri Supreme Court, sitting en banc, has ruled that a state court exceeded its authority when it refused to transfer venue for five glyphosate cancer lawsuits against Monsanto Co. because under state law the cases belong in St. Louis County, which is the location of Monsanto’s registered agent as of the date each of the lawsuits was filed.
August 16, 2023
Class Action Says Cosmetic Companies Liable For Damages From Exposure To Phthalates

CHICAGO — Individuals filed a consolidated class complaint in Illinois federal court against L’Oréal USA Inc. and other cosmetics companies alleging that their hair relaxer products increase a woman’s risk of uterine and ovarian cancer because they contain phthalates, which disrupt the endocrine system, and that the defendants misrepresented their products as safe to use.
August 16, 2023
Judge: Insurers’ Bids To Nix AFFF Coverage Case Moot In Light Of Amended Complaint

CHARLESTON, S.C. — A federal judge in South Carolina on Aug. 15 issued a text order on the docket ruling that all pending motions to dismiss an insurance coverage action brought by a defendant in the multidistrict litigation for the firefighting agent aqueous film forming foam (AFFF) are moot in light of the manufacturer’s amended complaint.
August 16, 2023
Monsanto Denies Liability In Roundup Case, Says Plaintiff Lacks ‘Reliable Evidence’

SAN FRANCISCO — Monsanto Co. filed an answer in California federal court denying all claims that exposure to glyphosate in the herbicide Roundup causes cancer and asserting affirmative defenses that the plaintiff’s claims are barred “because plaintiff cannot proffer any scientifically reliable evidence that the products at issue were defective or unreasonably dangerous.”
August 14, 2023
Panel Says States Lack Standing To Challenge EPA Water Regulations

WASHINGTON, D.C. — The District of Columbia Circuit U.S. Court of Appeals on Aug. 11 dismissed for lack of standing a petition for review by several states that said the U.S. Environmental Protection Agency’s delayed rule pertaining to drinking water regulations violated the Safe Drinking Water Act’s (SDWA) mandate to consider costs before setting regulations.
August 14, 2023
Norfolk Southern Says It Would Be Premature To Strike Affirmative Defenses

YOUNGSTOWN, Ohio — Norfolk Southern Corp. and Norfolk Southern Railway Co. (collectively, Norfolk Southern) filed a brief in Ohio federal court arguing that the U.S. Environmental Protection Agency’s motion to strike Norfolk Southern’s affirmative defenses in the consolidated lawsuits brought by Ohio and the U.S. government related to injuries from the train derailment in East Palestine ask the court to prematurely adjudicate the merits of affirmative defenses before any discovery has taken place.
August 14, 2023
Chevron Says Paraquat Case Should Be Dismissed For Failure To Comply With Order

EAST ST. LOUIS, Ill. — Chevron Corp. and its codefendants filed an opposition brief in Illinois federal court arguing that a man suing the companies alleging injuries from exposure to the pesticide paraquat should have his lawsuit dismissed for “utter lack of diligence” because he failed to comply with a case management order regarding the deadline for filing specific documents.
August 11, 2023
Plaintiffs, Railroad Agree To Terms For Filing Amended Train Derailment Case

YOUNGSTOWN, Ohio — Residents and businesses who say they have been injured from exposure to toxic chemicals released from the train derailment in East Palestine, Ohio, and Norfolk Southern, which operates the railroad, have filed a joint motion in Ohio federal court saying Norfolk Southern’s pending motion to dismiss should apply fully to a proposed first amended master consolidated class complaint because of the limited scope of the new allegations it contains.
August 10, 2023
Panel Sends PFAS Cases Brought By 6 States To MDL For AFFF Lawsuits

WASHINGTON, D.C. — The U.S. Judicial Panel on Multidistrict Litigation (JPMDL) transferred six lawsuits to the MDL for the firefighting agent known as aqueous film forming foam (AFFF), which contains per- and polyfluoroalkyl substances (PFAS), brought by states against the makers of AFFF. In the case brought by Tennessee, which is indicative of the complaints in the other cases, the state says the defendants have known for decades about the dangers of toxic PFAS.