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

Mealey's Toxic Torts

October 31, 2024
Connecticut Residents: Company Knowingly Sold Drinking Water Tainted With PFAS

WATERBURY, Conn. — Residents have filed an amended class action against a water provider in Connecticut state court arguing that it knowingly sold them water that was contaminated with per- and polyfluoroalkyl substances (PFAS) in violation of common law and the state’s unfair trade practices statute.
October 30, 2024
Class Seeks To Burst Hershey’s Bubble, Says Gum Increases Risk Of PFAS Exposure

LOS ANGELES — A man in California has filed a putative class action against the Hershey Co. in state court contending that its bubble gum called “Bubble Yum” contains organic fluorine, which places consumers at risk of exposure to per- and polyfluoroalkyl substances (PFAS) in violation of state codes, including those pertaining to false advertising.
October 29, 2024
Nonparty: Confidentiality Designation Needed For Testimony In Paraquat MDL

EAST ST. LOUIS, Ill. — A nonparty to the multidistrict litigation (MDL) over liability for injuries allegedly caused by the pesticide paraquat has filed a reply brief in Illinois federal court arguing that it should maintain confidentiality designations for certain deposition testimony and exhibits that have been previously designated as confidential because they pertain to “business sensitive information, including competitively-sensitive contract terms, financial information, and client information.”
October 29, 2024
Norfolk Southern: Opposition To Supplementing Third-Party Train Case Is ‘Meritless’

YOUNGSTOWN, Ohio — Norfolk Southern Corp. on Oct. 28 filed a reply brief in Ohio federal court arguing that one of the third-party defendants in the litigation over the train derailment in East Palestine, Ohio, that released toxic chemicals into the air and soil has opposed the railway company’s bid to supplement its third-party lawsuit in what amounts to “a meritless effort to introduce delay and complication into what should be a simple process.”
October 29, 2024
No Coverage Owed For Contamination Suits, Insurer Says In Amended Complaint

ROME, Ga. — Following the transfer of an environmental contamination coverage suit from Alabama to Georgia federal court, an insurer filed a second amended complaint, reiterating its contention that no coverage is owed for contamination caused by wastewater and perfluoroalkyl and polyfluoroalkyl substances (PFAS) stemming from an insured’s manufacturing facilities.
October 23, 2024
DuPont Seeks Judgment On PFAS Claims, Says Plaintiffs Lack Evidence Of Injury

WILMINGTON, N.C. — In the long-running lawsuit brought by residents against E.I. Dupont de Nemours & Co. and two affiliates in North Carolina federal court over alleged contamination from per- and polyfluoroalkyl substances (PFAS), the companies have filed a reply brief arguing that they are entitled to partial summary judgment on a variety of issues. DuPont says it is entitled to judgment on the bulk of the plaintiffs’ damages claims on grounds that the plaintiffs “fail to show any actual impairment of their properties capable of sustaining a nuisance, trespass, or negligence claim.”
October 23, 2024
Government, Again, Moves To Dismiss Tort Claims Case Involving Flint Water Crisis

DETROIT — The U.S. government has filed a brief in Michigan federal court in support of a motion to dismiss a $722.4 million Federal Tort Claims Act (FTCA) lawsuit against it related to the lead-contaminated water crisis in Flint, Mich., contending that the plaintiffs’ claims do not satisfy the FTCA’s requirement that a private person would be liable under Michigan’s Good Samaritan doctrine under similar circumstances, and arguing that the FTCA’s misrepresentation exception deprives the district court of subject-matter jurisdiction.
October 22, 2024
3M Insists Removal Of PFAS Case Was Timely, Says Vermont ‘Misstates The Law’

NEW YORK — The 3M Co. filed a brief in the Second Circuit U.S. Court of Appeals arguing that Vermont’s argument that 3M’s removal of the state’s lawsuit for alleged contamination from per- and polyfluoroalkyl substances (PFAS) was untimely “misstates the law and misconstrues the facts.”
October 22, 2024
Fracking Operator To Pay $9.4M To Settle Emissions Case Brought By EPA, New Mexico

WASHINGTON, D.C. — The U.S. Environmental Protection Agency has announced a $9.4 million settlement with a hydraulic fracturing operator to resolve violations of new federal standards under the Clean Air Act (CAA) related to toxic emissions from crude oil and natural gas facilities and to settle claims brought under the state administrative code of New Mexico.
October 21, 2024
Causation Experts In Deepwater Injury Case Properly Excluded, 11th Circuit Says

ATLANTA — A district court did not abuse its discretion in excluding two experts retained by men who allege that they were injured as a result of exposure to crude oil and dispersants during the cleanup of the Deepwater Horizon oil spill and granting summary judgment in favor of BP Exploration & Production Inc. and its affiliates, the 11th Circuit U.S. Court of Appeals ruled Oct. 18.
October 21, 2024
Hair Relaxer Plaintiffs Sue L’Oreal’s Parent Company For ‘Wrongful Practices’

CHICAGO — The plaintiffs liaison counsel (PLC) in the litigation over allegations that hair relaxer products contain toxic chemicals on Oct. 18 filed a master long form complaint in Illinois federal court against L’Oréal S.A., the French company that is the parent of the L’Oreal entities in the United States, arguing that the plaintiffs have been injured by L’Oréal S.A.’s defective products “and other wrongful practices.”
October 18, 2024
Monsanto, Plaintiffs Debate Dangers Of PCBs In Seattle School As Trial Starts

SEATTLE — Attorneys gave opening statements in Washington state court on Oct. 17 in a case in which 15 plaintiffs contend they were poisoned at a Seattle area school by polychlorinated biphenyls (PCBs) that were manufactured by Monsanto Co. The plaintiffs’ attorney said Monsanto “manipulated science” and “hid the truth” in promoting PCBs for public use, while the company’s counsel said that there is a “lack of scientific consensus” about the dangers of PCBs and that Monsanto worked to “safeguard” the public against possible hazards.
October 18, 2024
California Reaches $35M Settlement With Biotech Corporation Over PCB Pollution

LOS ANGELES — The state of California, through the Los Angeles city attorney and city of Los Angeles, has reached a $35 million settlement with an agricultural biotechnology and agrochemical corporation over the company’s alleged decades-long pollution of state waterways and stormwater and wastewater systems with polychlorinated biphenyls (PCBs).
October 17, 2024
Residents Tell 5th Circuit That City Introduced ‘Poison’ In Jackson, Miss., Water

JACKSON, Miss. — Residents of Jackson have filed an opening appeal brief in the Fifth Circuit U.S. Court of Appeals seeking reversal of a lower court’s dismissal of some of the claims in their drinking water contamination lawsuit against the city on grounds that the court erred in its conclusion that the plaintiffs’ allegations do not shock the conscience. The residents argue that “the City introduced a poison into the water supply, pumped that water into residents’ homes, and then coerced them to drink it by lying about its safety.”
October 17, 2024
6th Circuit Mandate Denies Rehearing Of Ruling In Drinking Water Immunity Case

CINCINNATI — The Sixth Circuit U.S. Court of Appeals has issued a mandate affirming its decision to reverse a ruling by a federal judge that denied qualified immunity to two defendants in one of three lead-contaminated water lawsuits being litigated in Michigan federal court by residents against Benton Harbor, Mich. The Sixth Circuit, which reached a split decision, issued the mandate after it denied a petition for rehearing sought by Benton Harbor city officials.
October 17, 2024
Counsel Seeks Final Approval Of $316.5M PFAS Deal Between Water Providers And BASF

CHARLESTON, S.C. — Class counsel for public water systems (PWS) in numerous municipalities has moved in South Carolina federal court for final approval of a $316.5 million class settlement between multiple drinking water providers and BASF Corp. related to BASF’s manufacture of per- and polyfluoroalkyl substances (PFAS), which are ingredients in the firefighting agent known as aqueous film forming foam (AFFF).
October 14, 2024
Jury Awards $78M To Couple In Roundup Case; Monsanto Plans Supreme Court Petition

PHILADELPHIA — A jury in Pennsylvania state court has awarded a couple $78 million against Monsanto Co. for injuries related to exposure to glyphosate, the active ingredient in the herbicide Roundup. In a statement responding to the verdict, which was officially posted to the docket on Oct. 11, Bayer Corp., Monsanto’s parent company, said the verdict “conflicts with the overwhelming weight of scientific evidence” and contended that the claim in the case is preempted by the ruling of the Third Circuit U.S. Court of Appeals in Schaffner v. Monsanto, warranting review by the U.S. Supreme Court.
October 11, 2024
3rd-Party Defendants: ‘Norfolk Southern Alone’ Is Liable For Ohio Train Derailment

YOUNGSTOWN, Ohio — Two of the third-party defendants being sued by Norfolk Southern Corp. over the train derailment in East Palestine, Ohio, that released toxic chemicals into the air and soil have filed a brief in support of a motion for summary judgment on two claims against them, arguing that “Norfolk Southern — and Norfolk Southern alone — is responsible for the derailment it caused and the consequences of its erroneous vent-and-burn decision.”
October 11, 2024
Government Moves To Enter $311M Consent Decree In Ohio Train Derailment Case

YOUNGSTOWN, Ohio — The U.S. government on Oct. 10 asked a federal court in Ohio to enter a proposed consent decree under which Norfolk Southern Corp. and Norfolk Southern Railway Co. (collectively, Norfolk Southern) agree to pay $311,175,000 to settle claims related to the release of toxic chemicals from the train derailment in East Palestine, Ohio. The payment includes a $15 million civil penalty, as well as money to improve rail safety and pay for health monitoring in the community.
October 11, 2024
Washington High Court Will Hear Appeal In Dispute Over $185M PCB Verdict

OLYMPIA, Wash. — The Washington Supreme Court has agreed to hear an appeal of teachers who had their $185 million verdict against Monsanto for injuries from exposure to polychlorinated biphenyls (PCBs) at a Seattle area school overturned. The Supreme Court denied the teachers’ motion for accelerated review, however.
October 10, 2024
Judge Dismisses PFAS Diaper Class Action, Says Allegations Not Plausibly Alleged

NEW YORK— A federal judge in New York has dismissed a putative class action lawsuit brought by a woman who contended that the maker of diapers falsely advertised that its product was free from per- and polyfluoroalkyl substances (PFAS), which the plaintiff said induced her to spend more money on the diapers. The judge held that the complaint failed to plausibly allege that the diapers were mislabeled.
October 10, 2024
Plaintiffs In 18 AFFF Cases Seek To Amend Complaints To Add Specific Injuries

CHARLESTON, S.C. — Plaintiffs in 18 lawsuits filed an omnibus motion in South Carolina federal court on Oct. 9 to amend their complaints to add specific injuries they allege were caused by exposure to the firefighting agent aqueous film-forming foam (AFFF), which contains per- and polyfluoroalkyl substances.
October 09, 2024
Agencies: EPA Flouted The Process When It Issued PFAS Drinking Water Rules

WASHINGTON, D.C. — Two associations representing agencies that provide drinking water have filed an opening brief in consolidated litigation in the District of Columbia U.S. Court of Appeals arguing that the U.S. Environmental Protection Agency’s rulemaking related to regulations for multiple types of per- and polyfluoroalkyl substances (PFAS) flouted the “carefully prescribed risk evaluation and standard setting process” of the Safe Drinking Water Act (SDWA).
October 09, 2024
EPA: Water Systems Nationwide Must Replace Lead Service Lines Within 10 Years

WASHINGTON, D.C. — The U.S. Environmental Protection Agency issued a final rule on Oct. 8 requiring drinking water systems across the country to identify and replace lead pipes within 10 years.
October 08, 2024
Vermont: 3M’s Removal Of PFAS Case Was ‘Untimely,’ Remand Ruling Was Proper

NEW YORK — The state of Vermont has filed a response brief in the Second Circuit U.S. Court of Appeals arguing that it should rule that the state’s lawsuit for alleged contamination from per- and polyfluoroalkyl substances (PFAS) against the 3M Co. was removed from Vermont state court to federal court in an untimely manner.