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

Mealey's Toxic Torts

June 12, 2024
Judge: Monsanto Must Produce Privilege Log, Materials From Other PCB Cases

BURLINGTON, Vt. — A federal judge in Vermont on June 11 partially granted a motion to compel the production of some documents in a lawsuit over polychlorinated biphenyls (PCBs) brought by a Vermont school against Monsanto Co., ruling that Monsanto’s objections were “not persuasive” and that some of the company’s arguments were not supported with citation to authority.
June 12, 2024
Judge Grants Initial Approval To $750M Deal To Settle Drinking Water AFFF Claims

CHARLESTON, S.C. — A federal judge in South Carolina on June 11 granted preliminary approval to a $750 million settlement of class 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).
June 12, 2024
4th Circuit Affirms Dismissal Of PFAS Testing Case On Jurisdictional Grounds

RICHMOND, Va. — A divided panel of the Fourth Circuit U.S. Court of Appeals has affirmed a lower court’s dismissal of a case brought by environmental groups that contend that the U.S. Environmental Protection Agency did not follow through on testing per- and polyfluoroalkyl substances (PFAS) that were released into the Cape Fear River by the Chemours Co., ruling that the lower court lacked jurisdiction to rule on the case.
June 11, 2024
Farmers Sue EPA For Failure To Identify PFAS In Sewage Sludge Fertilizer

WASHINGTON, D.C. — A group of farmers from Texas has sued the U.S. Environmental Protection Agency in the U.S. District Court for the District of Columbia seeking declaratory and injunctive relief under the citizen suit provision of the Clean Water Act (CWA) for failing to perform its nondiscretionary duty to identify and regulate per- and polyfluoroalkyl substances (PFAS) in sewage sludge used for fertilizer.
June 11, 2024
Judge Dismisses PFAS Case Against Orange Juice Maker Affiliated With Coca-Cola

WHITE PLAINS, N.Y. — A federal judge in New York on June 10 dismissed without prejudice a per- and polyfluoroalkyl substances (PFAS) class action complaint against the Coca-Cola Co., ruling that the plaintiff’s allegations “boil down to describing general and unspecific results of testing, without meaningfully linking those results” to purchased products; as a result, the judge was unable to conclude that the plaintiff has standing.
June 11, 2024
Firefighter Says PFAS Makers Concealed Danger, Are Liable For His Cancer Diagnosis

CHARLESTON, S.C. — A firefighter who says he developed cancer from exposure to per- and polyfluoroalkyl substances (PFAS) has sued 3M Co., E.I. du Pont de Nemours & Co. and others in South Carolina federal court alleging that they continue to misrepresent the safety of PFAS while they engage in fraudulent concealment regarding its dangers.
June 10, 2024
$25M Settlement Between Flint Residents, Engineering Firm Gets Initial Approval

ANN ARBOR, Mich. — According to a note on the docket in the litigation for the water crisis in Flint, Mich., a federal judge in the state has granted preliminary approval to a $25 million settlement for the claims of residents and businesses that sued an engineering firm that was involved in making the decision to switch the local water supply to the Flint River, which precipitated the lead-contaminated water crisis.
June 07, 2024
Panel: North Carolina State University Must Allow Testing Of Building With PCBs

RALEIGH, N.C. — A divided appeals panel in North Carolina has ruled that North Carolina State University (NCSU) must produce documents and must permit inspection and testing of an academic building that contains polychlorinated biphenyls (PCBs), the exposure to which a former student claims caused him to develop cancer.
June 07, 2024
EPA To Address ‘Unreasonable Risk’ Of N-Methylpyrrolidone Used In Common Products

WASHINGTON, D.C. — The U.S. Environmental Protection Agency has announced that it will address the “unreasonable risk of injury to human health” presented by n-methylpyrrolidone (NMP), a solvent with numerous uses, including paint and coating removal, industrial and domestic cleaning products and semiconductors. The EPA will assess the risk pursuant to the Toxic Substances Control Act (TSCA).
June 07, 2024
Residents Affected By Air Pollution From Mill Seek Approval Of $18M Settlement

ROCK HILL, S.C. — After three years of litigation in South Carolina federal court, a group of residents whose homes and health have allegedly been damaged by air pollution from a nearby paper mill seek preliminary approval of a class settlement agreement that would see the operator of the mill pay $18 million to settle the residents’ negligence and nuisance claims.
June 06, 2024
Teachers Appeal Reversal Of $185M PCB Verdict To Washington Supreme Court

OLYMPIA, Wash. — The plaintiffs who had their $185 million verdict against Monsanto for injuries from exposure to polychlorinated biphenyls (PCBs) at a Seattle area school overturned have filed a petition for review with Washington Supreme Court, which they are seeking to accelerate, arguing that “important, recurring, and unsettled questions of law” are at play, the resolution of which “will immediately affect dozens of parallel pending cases and the claims of more than two hundred victims of toxic chemical exposure.”
June 05, 2024
Judge Cuts $2.25B Award In Philadelphia Roundup Case To Just Over $404.3 Million

PHILADELPHIA — A judge in Pennsylvania state court on June 4 drastically reduced a $2.25 billion damages award against Monsanto Co. to $404,308,904.11 in a lawsuit brought by a man who said exposure to the herbicide Roundup caused him to develop cancer; the judge did not elaborate on his reasoning for reducing the award. In an official statement, Monsanto said that despite the reduced award, it will appeal the verdict because it was “marred by significant and reversible errors.”
June 04, 2024
Camp Lejeune Plaintiffs: Court Should Deny Bid To Prevent Expert’s Deposition

RALEIGH, N.C. — The plaintiffs leadership group (PLG) in the Camp Lejeune water crisis litigation has filed an opposition brief in North Carolina federal court contending that because its expert, Christopher Portier, will provide “highly relevant testimony that is critical” to the case, the court should deny the U.S. government’s motion for a protective order to prevent Portier’s deposition.
June 04, 2024
Michigan Agency Tells 6th Circuit Airport PFAS Case Should Be In State Court

CINCINNATI — The Michigan Department of Environment, Great Lakes and Energy (EGLE) has filed a brief in the Sixth Circuit U.S. Court of Appeals arguing that a lawsuit it brought against the Gerald R. Ford International Airport Authority related to contamination from per- and polyfluoroalkyl substances (PFAS) should remain in state court because there is no diversity or federal question jurisdiction and contending that the fact that the airport is subject to government regulation does not amount to “acting under” a federal officer under black-letter law.
June 04, 2024
Companies: Plaintiff’s Case For Injury From Uranium Exposure Is Untimely

COLUMBUS, Ohio — Energy companies seeking to dismiss an injury case against them have filed a reply brief in Ohio federal court arguing that the case fails because there is “no dispute” that a two-year statute of limitations bars the plaintiff’s claims in light of the fact that 15 years have passed between when the plaintiff received a cancer diagnosis and the filing of the complaint.
May 29, 2024
COMMENTARY: Review Of Expert Causation Testimony Under Federal Rule Of Evidence 702: An Early Assessment Of The 2023 Amended Rule

By William L. Anderson and Mark A. Behrens
June 03, 2024
Judge Denies Monsanto Relief From $857M Verdict In Seattle PCB Litigation

SEATTLE — A Washington state court judge has denied a motion for relief from judgment sought by Monsanto Co. in a dispute with plaintiffs who won $857 million in combined damages against the company for injuries from exposure to polychlorinated biphenyls (PCBs) at a Seattle area school. In the order, the judge did not provide the reasoning behind the ruling.
June 03, 2024
Monsanto’s Bid To Strike Expert ‘Unavailing’ In Verdict Appeal, Judge Says

PHILADELPHIA — A Pennsylvania judge has ruled that a trial court did not abuse its discretion when it denied a motion by Monsanto Co. that sought to exclude a plaintiff’s expert in a glyphosate cancer lawsuit in which a jury awarded the plaintiff $175 million in combined damages. The judge said Monsanto’s allegation of error related to the admissibility of a plaintiffs’ expert was “unavailing.”
May 31, 2024
Flint Judge Refers Attorney To California State Bar For Possible Role In Stunt

ANN ARBOR, Mich. — The Michigan federal judge presiding over the litigation involving the lead-contaminated water crisis in Flint, Mich., on May 30 issued an order referring to the State Bar of California the attorney that represents an engineering firm that is a party to the $25 million class settlement in the Flint case, which has been embroiled in a dispute over allegations that the firm hired a public relations company to engage in verbal attacks against a plaintiff attorney.
May 30, 2024
Master Complaints In Hair Relaxer MDL Allege ‘Reckless Acts,’ Knowledge Of Risk

CHICAGO — The plaintiffs’ leadership counsel in litigation brought by individuals who allege wrongful death and other injuries from chemicals in hair relaxer products has filed multiple master long-form complaints in Illinois federal court against eight defendants, seeking punitive damages. In a master complaint against Advanced Beauty Inc., the counsel contend that the defendant is liable for “wanton, willful, fraudulent, reckless acts” related to its awareness that its products posed an increased risk of cancer.
May 30, 2024
9th Circuit Denies Objections To $23M Roundup Settlement, Says Deal Is ‘Fair’

SAN FRANCISCO — A panel of the Ninth Circuit U.S. Court of Appeals on May 29 affirmed a lower court’s decision that rejected the arguments of two individuals who objected to a $23 million settlement in a class action for false advertising related to Monsanto’s herbicide Roundup, ruling that the district court did not abuse its discretion by rejecting the objectors’ argument that the nationwide class action settlement would extinguish higher-value claims in a separate class action.
May 30, 2024
BP: Magistrate’s Report Correct, Deepwater Horizon Case Should Be Dismissed

PENSACOLA, Fla. — BP Exploration & Production Inc. and BP America Production Co. (collectively, BP) filed a brief in Florida federal court arguing that it should overrule a plaintiff’s objection to a magistrate judge’s report that recommended that the court dismiss an injury lawsuit brought by a man who says he developed cancer as a result of working on a clean-up crew following the Deepwater Horizon oil spill.
May 30, 2024
Defendant In Quartz Countertop Case Denies Liability, Says Claims Barred By Law

SANTA ANA, Calif. — One of the defendants sued by a worker with silicosis who says he was injured by exposure to crystalline silica while cutting quartz countertops has filed an answer in California state court denying allegations that it fraudulently concealed the toxic hazards of the stone products and asserting 31 affirmative defenses, including that the claims are barred by the California Code of Civil Procedure.
May 29, 2024
In Roundup Appeal, Monsanto Supports Parties’ Move To Seal Herbicide Formula

SAN FRANCISCO — Despite opposing an appeal of a lower court’s ruling in a cancer case related to the herbicide Roundup, Monsanto Co. on May 28 filed a brief in the Ninth Circuit U.S. Court of Appeals supporting the appellants’ motion to file under seal excerpts of the record that contain a confidential statement of the formula for a specific glyphosate-based herbicide product, arguing that there are compelling reasons to continue to seal the document that contains the formula.
May 29, 2024
Man Says Monsanto’s ‘Tortious Misconduct’ Related To Roundup Caused His Cancer

BOSTON — A man sued Monsanto Co. in Massachusetts federal court on May 28 saying he developed cancer as a result of the company’s “tortious misconduct” related to the manufacture and marketing of the herbicide Roundup and contending that Monsanto “fraudulently withheld and concealed information about the risks of serious injury associated with” Roundup and its active ingredient, glyphosate.