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

Mealey's Toxic Torts

November 26, 2024
High Court To Review Delegated Oversight Of Telecommunications Subsidies

WASHINGTON, D.C. — The U.S. Supreme Court has granted two petitions for a writ of certiorari and consolidated cases concerning whether Congress violated the nondelegation doctrine by authorizing the Federal Communications Commission to delegate a subsidy program to a private entity, both arising out of the en banc Fifth Circuit U.S. Court of Appeals’ ruling that the program violates the “private nondelegation doctrine.”
November 25, 2024
Judge Approves AFFF Drinking Water Settlements For More Than $1.06 Billion

CHARLESTON, S.C. — A federal judge in South Carolina on Nov. 22 issued two separate opinions granting final approval to two settlements, which combined are worth more than $1.06 billion, to resolve claims by municipalities and water authorities against two manufacturers related to drinking water contamination from per- and polyfluoroalkyl substances (PFAS) in the firefighting agent aqueous film forming foam (AFFF). In a separate-but-related opinion, the judge awarded attorney fees and costs of $95,791,081.51 for class counsel’s work on both settlements.
November 25, 2024
Couple Says Quartz Makers’ Concealment Makes Them Liable For Husband’s Silicosis

LOS ANGELES — A stonecutter and his wife on Nov. 22 sued the makers or quartz countertops in California state court, seeking punitive damages for allegedly breaching the general duty of care and failing to adequately warn the husband of the toxic hazards associated with the stone products he cut.
November 25, 2024
Judge Refuses To Exclude Norfolk Southern’s Expert In Ohio Train Derailment Case

YOUNGSTOWN, Ohio — A federal judge in Ohio has denied a motion by third-party defendant OxyVinyls LP, which sought to exclude the report of an expert for the railway company Norfolk Southern in the litigation over toxic chemical exposure from the derailment of its train in East Palestine, Ohio, ruling that the exclusion of those reports would “unfairly eliminate a critical component of Norfolk Southern’s defense.”
November 25, 2024
South Bay Residents Seek Damages From Exposure To Sewage Treatment Plant Pollution

SAN DIEGO — A group of residents in the South Bay Area filed a lawsuit in California Superior Court against the operators of a San Ysidro wastewater treatment plant, alleging ongoing exposure to untreated sewage, noxious fumes and other pollutants from the plant and seeking damages for physical injuries, property damages and more under the Clean Water Act (CWA).
November 22, 2024
COMMENTARY: 2024 Key Insurance Decisions, Trends & Developments & A Look Ahead To 2025

By Scott M. Seaman, Pedro E. Hernandez and Lisa M. Roccanova
November 22, 2024
Veteran’s Fraud Suit Related To Camp Lejeune Water Crisis Is Valid, Judge Says

WINSTON-SALEM, N.C. — A federal judge in North Carolina mostly denied a motion to dismiss a lawsuit that a veteran filed under the Telephone Consumer Protection Act (TCPA) and North Carolina law related to allegations that a law firm and individuals affiliated with the firm solicited him to file “a fraudulent and fictitious Camp Lejeune injury claim” with the federal government over the Camp Lejeune water crisis.
November 21, 2024
Latest Battle In Complex Saga Over Cancer Cluster Goes Before 11th Circuit

ATLANTA — An 11th Circuit U.S. Court of Appeals panel heard oral arguments in long-running and complex consolidated litigation brought by plaintiffs who were injured by a cancer cluster in Florida, as attorneys for the parties debated whether the lawsuit was still viable based on a dispute over what constitutes the accrual date that triggers the applicable statute of limitations.
November 19, 2024
2 Companies To Pay More Than $23.52M For Silicosis Injury To Quartz Stonecutter

LOS ANGELES — A California judge has issued a judgment awarding a combined $23,522,788.70 against two makers of quartz countertops, which are among multiple defendants that were sued by a man who developed silicosis from working as a stonecutter who has already won $52 million in a general verdict against all of the defendants. In the same ruling, the judge granted judgment notwithstanding the verdict to another defendant.
November 18, 2024
Monsanto Gets Defense Verdict In Pennsylvania State Court Roundup Trial

PHILADELPHIA — A jury in a Pennsylvania state court on Nov. 15 issued a verdict in favor of Monsanto Co. in a trial over allegations that its herbicide Roundup, which contains the active ingredient glyphosate, caused a woman’s cancer.
November 18, 2024
Judge In Wisconsin Lead Paint Litigation Saga Says Plaintiffs Have Valid Claims

MILWAUKEE — A federal judge in Wisconsin has partially dismissed the first amended complaints of three plaintiffs who filed two separate lawsuits claiming that the makers of lead-based paint are liable for their injuries in a litigation saga spanning 17 years, ruling that the general negligence claims and abatement allegations in both cases fail but concluding that the other causes of action survive.
November 15, 2024
AFFF Defendants: Protective Order Sought For Deposition Questions Is ‘Meritless’

CHARLESTON, S.C. — The defendants in the litigation over alleged contamination from per- and polyfluoroalkyl substances (PFAS) in the firefighting agent known as aqueous film forming foam (AFFF) have filed a brief in South Carolina federal court opposing a motion for a protective order sought by the plaintiffs in six specific cases, arguing that the plaintiffs should not be permitted to “outright refuse” to respond to discovery requests and contending that their objections to “sensitive” deposition questions are “meritless.”
November 15, 2024
Seattle PCB Trial Continues With Testy Exchanges Between Attorney, Expert Witness

SEATTLE — The trial over allegations brought by 15 plaintiffs in Washington state court that they were injured from exposure to polychlorinated biphenyls (PCBs) at a Seattle area school continued Nov. 14 as the plaintiffs’ attorneys presented expert witnesses and Monsanto’s counsel cross-examined them in what, at times, involved testy exchanges.
November 14, 2024
Couple Seeks Damages For Silicosis, Other Injuries From Cutting Quartz Countertops

SAN FRANCISCO — A couple has sued the makers and sellers of quartz countertops in a California state court, seeking punitive damages for silicosis and other injuries the husband contends he developed from exposure to toxins and carcinogens while he worked as a stone cutter.
November 14, 2024
Hair Relaxer Defendants Deny Liability, Say Plaintiffs Were ‘Sophisticated Users’

CHICAGO — Companies sued over allegations that their hair relaxer products contain toxic chemicals have filed a joint answer to the complaint in Illinois federal court, denying all claims and asserting multiple affirmative defenses, including that the plaintiffs fail to state a claim and that they are “sophisticated users” who knew the inherent risks with the products in question.
November 14, 2024
Monsanto Denies Vermont Schools’ PCB Claims, Says Case Is Barred

BURLINGTON, Vt. — Monsanto Co. on Nov. 13 filed an answer in Vermont federal court denying the claims against it related to allegations that it is liable for contamination from polychlorinated biphenyls (PCBs) in multiple school districts and asserting affirmative defenses that include that the complaint is barred by the statute of limitations and that the alleged acts “were not a substantial factor in bringing about the alleged injuries and damages” at issue.
November 13, 2024
Attorneys Debate PFAS Rules, Impact Statement On Costs At Michigan High Court

LANSING, Mich. — Attorneys for the 3M Co. and the Michigan Department of Environment, Great Lakes and Energy’s (EGLE) on Nov. 13 debated before the Michigan Supreme Court whether EGLE’s Regulatory Impact Statement and Cost Benefit Analysis (RIS) for the permissible levels of per- and polyfluoroalkyl substances (PFAS) in drinking water that complied with the Michigan Administrative Procedures Act (MAPA). EGLE said a cost estimate was required only for the specific proposed rule, while 3M argued that EGLE failed to comply with the law and that the Supreme Court’s review was “not warranted.”
November 13, 2024
Under Proposed Rule, EPA Would Collect Annual Charge On Methane Emissions

WASHINGTON, D.C. — The U.S. Environmental Protection Agency on Nov. 12 announced that it has issued a proposed final rule promulgating a regulation to facilitate compliance with the requirements of the Clean Air Act (CAA), also known as the Methane Emissions Reduction Program (MERP), under which the EPA will collect an annual charge on methane emissions that exceed waste emissions thresholds specified by Congress.
November 12, 2024
Woman Says Baby Food Makers Liable For Child’s Brain Injuries From Heavy Metals

SAN FRANCISCO — A woman has sued Gerber Products Co. and other food companies in California federal court alleging that they knowingly sold baby food products contaminated with lead, arsenic, mercury, cadmium and aluminum and that those toxic heavy metals caused her child to develop brain injuries.
November 12, 2024
Ohio Train Derailment Defendants Say Their Expert Is Qualified To Testify

YOUNGSTOWN, Ohio — Defendants in the litigation over the train derailment in East Palestine, Ohio, that released toxic chemicals into the air and soil have filed a brief in Ohio federal court arguing that Norfolk Southern Corp.’s arguments to exclude a defense expert do not have merit.
November 06, 2024
AFFF Defendant Settles Claims With Water Providers, Airports For $190 Million

WILMINGTON, Del. — Kidde-Fenwal Inc., which is proceeding in Chapter 11 bankruptcy as KFI Wind Down Corp., has filed notice in federal bankruptcy court in Delaware that it has reached a $190 million settlement resolving claims with water providers and airports over contamination caused by the firefighting agent known as aqueous film forming foam (AFFF).
November 06, 2024
Glyphosate Cancer Plaintiffs: Lower Court ‘Committed A Fundamental Error’

SAN FRANCISCO — Plaintiffs who contend that Monsanto Co. is liable for their cancer because it manufactured and sold the herbicide Roundup, which contains the active ingredient glyphosate, on Nov. 5 filed a reply brief in the Ninth Circuit U.S. Court of Appeals arguing that the trial court “committed a fundamental error” when it refused to accept their allegations as true and resolved factual disputes at the pleading stage.
November 04, 2024
Michigan Attorney General Sues Paper Mill For PFAS Pollution After Many Violations

MASON, Mich. — Michigan Attorney General Dana Nessel has sued a paper mill and a paper making company in state court contending that they are liable for contaminating the local water supply with per- and polyfluoroalkyl substances (PFAS) in violation of state environmental laws.
November 01, 2024
Split Panel: Silicosis Case Fails Due To Plaintiff’s Unreliable Experts

HOUSTON — A split Texas appeals court panel on Oct. 31 affirmed a lower court’s ruling in favor of Exxon Mobil Corp. in a silica injury lawsuit brought by a worker who sandblasted railcars and contended that he developed pulmonary fibrosis because the company created a situation in which he had to perform an “intrinsically unsafe and ultrahazardous activity.” The panel held that the worker’s experts were not reliable.
November 01, 2024
Judge Says PFAS Drinking Water Contamination Claims Against 3M, Others Are Valid

CAPE GIRARDEAU, Mo. — A federal judge in Missouri has ruled that plaintiffs in a putative class action have established a cause of action against 3M and others for contamination from per- and polyfluoroalkyl substances (PFAS) as well as other chemicals related to manufacturing waste that has seeped into the drinking water supply.