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

Mealey's Toxic Torts

December 14, 2023
Firefighter Seeks 6th Circuit En Banc Review Of AFFF Ruling That Nixed His Case

CINCINNATI — A firefighter has filed a petition in the Sixth Circuit U.S. Court of Appeals seeking rehearing en banc of a panel’s ruling that he failed to allege “any plausible pathway” by which per- and polyfluoroalkyl substances (PFAS) had gotten into his bloodstream, arguing that “undisputed evidence” shows that each defendant in the class action made PFAS and bears responsibility for contaminating his blood.
December 13, 2023
Couple Asks 9th Circuit To Review Exclusion Of Experts In Glyphosate Cancer Case

SAN FRANCISCO — On Dec. 12, a couple suing Monsanto Co. related to injuries they say they have suffered from exposure to the herbicide Roundup, which contains the active ingredient glyphosate, filed a notice of appeal in the Ninth Circuit U.S. Court of Appeals seeking reversal of a district court order that excluded two of their causation experts because they did not personally engage with and evaluate the scientific literature they rely on in reaching their opinions.
December 13, 2023
Canadian Court Certifies Class In Roundup Suit Over Glyphosate’s Carcinogenicity

GUELPH, Ontario — A justice in Canada has certified a class action against Monsanto Co., its parent company and its Canadian affiliate by a class representative who seeks $2 billion in damages for a class defined as individuals in Canada who have had “significant exposure” to glyphosate, the active ingredient in Roundup. The justice determined that class requirements had been met and said “the fundamental and class-wide issue is whether glyphosate is carcinogenic.”
December 12, 2023
2nd Glyphosate Expert ‘Not Scientific At All,’ Should Be Nixed, Monsanto Says

SAN FRANCISCO — Monsanto Co. on Dec. 11 filed a brief in California federal court contending that another plaintiff’s expert in a glyphosate cancer lawsuit should be excluded, in this instance because his opinions do not meet the requirements for expert admissibility under Federal Rule of Evidence 702. Specifically, Monsanto says the expert “blindly relies” on the plaintiff’s recollection of his usage of the herbicide Roundup, and his opinion “is not scientific at all.”
December 12, 2023
Insurer Seeks Reconsideration Of Denial Of Dismissal In AFFF Coverage Action

CHARLESTON, S.C. — An insurance company has filed a reply brief in South Carolina federal court seeking reconsideration of an opinion and order denying its motion to dismiss a coverage dispute related to injuries from the firefighting substance aqueous film forming foam (AFFF) in the multidistrict litigation for AFFF, arguing that the court does not have jurisdiction over it because the insurer has no duty to defend under the policy at issue.
December 12, 2023
Revlon Says Discovery Request In Hair Relaxer Case Constitutes ‘Wasteful Conduct’

CHICAGO — Revlon Inc. and its affiliates, which were sued by women who say their hair relaxer products increase the risk of uterine and ovarian cancer because they contain phthalates, on Dec. 11 filed a response brief in Illinois federal court arguing that the court should deny the plaintiffs’ request to compel the production of materials shared with foreign regulators about non-U.S. hair relaxer products, contending that the request is “the latest example of Plaintiffs’ disorganized, wasteful conduct in these proceedings.”
December 12, 2023
Government: Woman’s Bid To Represent An Estate In Camp Lejeune Litigation Fails

RALEIGH, N.C. — The U.S. government has filed a brief in federal court in North Carolina contending that it should deny a plaintiff’s motion for partial summary judgment in litigation against the government for injuries allegedly caused by toxic water at U.S. Marine Corps Base Camp Lejeune because under the Federal Rules of Civil Procedure, summary judgment is inappropriate where there has been no opportunity for discovery of the relevant facts.
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.