LexisNexis® Mealey's™ Emerging Toxic Torts Legal News
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New Jersey Nuisance Claims Certified For Class Treatment For Well, Utility Water
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CAMDEN, N.J. - New Jersey residents seeking to pursue tort claims against DuPont for contaminating their wells and municipal water utilities with perfluorochemicals can proceed with nuisance claims as class actions; motions to certify two class actions were granted in part Oct. 9 in the U.S. District Court for the District of New Jersey (Richard A. Rowe, et al. v. E.I. DuPont de Nemours & Co., No. 06-1810, D. N.J.; Misty Scott, et al. v. E.I. DuPont de Nemours & Co., No. 06-3080, D. N.J.; 2009 U.S. Dist. LEXIS 94604; See 9/15/09, Page 22).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 21, 2009 Category: Medical Law Source Type: info
Certified Florida Class Seeks Approval Of Plan To Notify Property-Owner PlaintiffsEmail this article to a colleague.
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TAMPA, Fla. - The certified class of St. Petersburg, Fla., residents with claims for diminution of property value against Raytheon Co. in the U.S. District Court for the Middle District of Florida filed a motion Oct. 5 for approval of a class member notification plan (Nancy Sher, et al. v. Raytheon Co., No. 08-889, M.D. Fla.; See 10/6/09, Page 4).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 21, 2009 Category: Medical Law Source Type: info
Contractor Burn-Pit Lawsuits Consolidated In Maryland; 13 Class Claims TransferredEmail this article to a colleague.
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WASHINGTON, D.C. - The personal injury claims against KNR Inc. and its corporate entities that allege exposure to toxic burn-pit smoke from its waste disposal operations in the south Asia conflicts were consolidated Oct. 16 in the U.S. District Court for the District of Maryland (In re: Battlefield Waste Disposal Liability Litigation MDL 2083, JPMDL; See 7/21/2009, Page 4).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 21, 2009 Category: Medical Law Source Type: info
Summary Judgment Upset; Wisconsin Appeals Panel Finds Holding Company Role DisputeEmail this article to a colleague.
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MADISON, Wis. - A Wisconsin dairy farm has overturned a summary judgment granted to the holding company that owns the electric utility it accuses of property damage from stray voltage; a unanimous panel of the Wisconsin Court of Appeals, District IV, reversed and remanded the case on Sept. 10 (Bickford Farms Inc., et al. v. Alliant Energy Corp., et al., No. 2009AP1323, Wis. App. Dist. IV).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 21, 2009 Category: Medical Law Source Type: info
Class Action Representatives Granted Time To Complete Fact Witness DepositionsEmail this article to a colleague.
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PITTSBURGH - Discovery in putative class actions coordinated in the U.S. District Court for the Western District of Pennsylvania was extended Sept. 29 on a motion by plaintiffs; the plaintiffs allege that smokestack emissions from a coal-fired power plant expose them to heavy metals and diminish their property values (David Patrick, et al v. FirstEnergy Generation Corp., et al., No. 08-1025 [consolidated], W.D. Pa.; See 6/2/09, Page 17).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 21, 2009 Category: Medical Law Source Type: info
Mo. Federal Judge Threatens Sanctions For Disobeying Order Compelling DocumentsEmail this article to a colleague.
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ST. LOUIS - The manufacturers of a concrete sealant named in a personal injury lawsuit pending in the U.S. District Court for the Eastern District of Missouri were threatened Oct. 7 by Judge Charles A. Shaw with dismissal of their pleadings for failing to comply with discovery requests from a couple who allege property damage and personal injuries from xylene in the sealant (Kenneth Metcalf, at uxor v. Lowe's Home Centers Inc., et al., No. 09-14, E.D. Mo.; See 6/2/09, Page 25).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 21, 2009 Category: Medical Law Source Type: info
Plaintiffs Denied Intervention In Program Testing Residents Exposed To Coal SlurryEmail this article to a colleague.
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KNOXVILLE, Tenn. - Class representatives will not be able to intervene in a health testing program proposed for residents of the area affected by the December collapse of a Tennessee Valley Authority coal slurry dike; a federal magistrate judge said Oct. 6 there is no evidence the program will prejudice the plaintiffs (Mary Margaret Blanchard, et al. v. Tennessee Valley Authority, No. 09-9, E.D. Tenn.; Robert O. Giltnane, et al. v. Tennessee Valley Authority, 09-14, E.D. Tenn.; Vicky Long, et al. v. Tennessee Valley Authority, et al., No. 09-114, E.D. Tenn.; See 9/15/09, Page 19).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 21, 2009 Category: Medical Law Source Type: info
Bottle, Formula Makers Seek Liability Claims Dismissal Because Of FDA EndorsementEmail this article to a colleague.
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KANSAS CITY, Mo. - In briefs filed Oct. 1, the defendants in the bisphenol A polycarbonate plastic litigation consolidated in the U.S. District Court for the Western District of Missouri summarize the reasons personal injury products liability claims pending against them should be dismissed as lack of evidence of an injury, federal preemption and lack of evidence that the plaintiffs relied on advertising (In re: Bisphenol A Polycarbonate Plastics Products Liability Litigation, No. 08-1967, MDL 1967, W.D. Mo.; See 3/3/09, Page 14).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 21, 2009 Category: Medical Law Source Type: info
Food Processing Company Seeks To Dismiss Claims Based On Violation Of Waste ActsEmail this article to a colleague.
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KALAMAZOO, Mich. - A food packager accused of contaminating groundwater in western Michigan with its spray irrigation of fruit juice waste moved Oct. 13 to dismiss claims that it violated the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act and the Safe Drinking Water Discovery Act, which were added to the complaint on Sept. 22 in the action pending in the Western District of Michigan (Randall Lozar, et al. v. Birds Eye Foods Inc., No. 09-10, W.D. Mich.; See 9/1/09, Page 20).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 21, 2009 Category: Medical Law Source Type: info
Grout Sealant Packager Presses Jurisdiction Challenge For Non-Georgia PlaintiffsEmail this article to a colleague.
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ATLANTA - A package manufacturer joined in the national tile grout products liability litigation consolidated in the U.S. District Court for the Northern District of Georgia filed a reply Oct. 5 in support of its motion challenging the trial court jurisdiction over all plaintiffs who are not residents of Georgia; a bellwether trial is scheduled for February (In re: Stand 'n Seal Products Liability Litigation [Walter Adams, No. 07-686], No. 07-1804, MDL 1804, N.D. Ga.; 2009 U.S. Dist. LEXIS 89987; See 10/6/09, Page 22; See the related story in this issue).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 21, 2009 Category: Medical Law Source Type: info
Alabama Residents Claim Failure To Report Emissions Creates Wrongful Death ClaimsEmail this article to a colleague.
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MONTGOMERY, Ala. - Representatives of the estates of four Prattville, Ala., residents who died of cancer sued International Paper Co. on Oct. 8 in the U.S. District Court for the Middle District of Alabama for compensatory and punitive damages; the plaintiffs allege that International Paper knowingly released dioxins, furans, volatile organic compounds and particulate matter into the environment around a paper mill and had a duty to disclose the releases under federal and state hazardous materials statutes (Virginia Brooks, et al. v. International Paper Co., No. 09-946, M.D. Ala.).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 21, 2009 Category: Medical Law Source Type: info
Hotelier Granted Extension To Answer Western Pennsylvania Personal Injury LawsuitEmail this article to a colleague.
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JOHNSTOWN, Pa. - By joint stipulation filed Oct. 14, Ramada Worldwide Inc. has until Nov. 18 to file an answer to a personal injury complaint pending in the U.S. District Court for the Western District of Pennsylvania alleging personal injuries from exposure to raw sewage in a Breezewood, Pa., motel shower (Evan Lee, et al. v. Wyndham Hotel Group, et al., No. 09-222, W.D. Pa.).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 21, 2009 Category: Medical Law Source Type: info
EPA Announces Assessment Of Atrazine Human Health RiskEmail this article to a colleague.
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WASHINGTON, D.C. - The U.S. Environmental Protection Agency announced Oct. 7 it is launching a comprehensive evaluation of the pesticide atrazine to determine its effects on humans.
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 21, 2009 Category: Medical Law Source Type: info
Drinking Water Research Links Atrazine To Low Birth WeightEmail this article to a colleague.
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WEST LAFAYETE, Ind. - Atrazine in drinking water available to women in the third trimester of pregnancy at greater than 1 microgram per liter increases the risk of small-for-gestational-age from 17 percent to 19 percent, according to research published Oct. 10 in Environmental Health Perspectives (EHP 117;10:1619-1624).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 21, 2009 Category: Medical Law Source Type: info
Researcher Says Arsenic Inhalation, Ingestion EqualEmail this article to a colleague.
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BERKELEY, Calif. - Inhalation of arsenic and ingestion of arsenic produce the same risk of developing lung cancer, according to an Oct. 7 National Institutes of Environmental Health Sciences announcement of the publication of the research by an institute Superfund program researcher in the Journal of Exposure Science & Environmental Epidemiology (2009;19:343-348).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 21, 2009 Category: Medical Law Source Type: info
Florida Class Certified To Pursue Diminution Claims For Solvent ContaminationEmail this article to a colleague.
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TAMPA, Fla. - Residents of the Azalea neighborhood of St. Petersburg, Fla., can pursue their claims for diminution of property value against Raytheon Co. as a class, a federal judge ruled Sept. 30 (Nancy Sher, et al. v. Raytheon Co., No. 08-889, M.D. Fla.; See 8/4/09, Page 18).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 8, 2009 Category: Medical Law Source Type: info
PFOA Medical Monitoring Survives Summary Judgment; Torts Fail As Matter Of LawEmail this article to a colleague.
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PARKERSBURG, W.Va. - Negligence, nuisance and intentional torts claims alleged by putative class representatives seeking damages for perfluorooctanoic acid contamination of the Parkersburg public water system are unsustainable as a matter of law, a federal judge said Sept. 28, but he grudgingly determined that the class can pursue a medical monitoring claim against DuPont under the West Virginia Supreme Court of Appeals decision in Wanda S. Bower v. Westinghouse Electric Corp. (522 S.E.2d 424 [W.Va. 1999]) (William R. Rhodes, et al. v. E.I. du Pont de Nemours & Co., No. 06-530, S.D. W.Va.; 2009 U.S. Dist. LEXIS 89089; ...
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 8, 2009 Category: Medical Law Source Type: info
Property Damage Settlement With Michigan Steel Company Upheld By 6th Circuit PanelEmail this article to a colleague.
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CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on Sept. 22 affirmed the approval of a $4.45 million class action settlement that resolved claims that the operator of a Detroit-area steel plant damaged surrounding residents' property through the discharge of metal-like dust and flakes (Malcolm Moulton, et al. v. United States Steel Corp., Nos. 08-2311, 08-2312, 6th Cir.; 2009 U.S. App. LEXIS 20896).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 8, 2009 Category: Medical Law Source Type: info
Texas Appeals Panel Applies Arbitration Clause To Malpractice LawsuitsEmail this article to a colleague.
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HOUSTON - In an opinion of first impression for the First District Texas Court of Appeals, a unanimous panel said Oct. 1 that legal malpractice claims are not personal injury claims and thus an arbitration agreement between clients and attorneys is enforceable; the underlying case is a claim by plaintiffs against their counsel in a toxic tort action (Bob Chamers, et al. v. John O'Quinn, et.al., No. 01-04-01029, Texas App., 1st Dist.).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 8, 2009 Category: Medical Law Source Type: info
FEMA Trailer Litigation Jury Renders Defense Verdict In Louisiana Bellwether TrialEmail this article to a colleague.
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NEW ORLEANS - Defendants Gulf Stream Coach Inc. and Fluor Enterprises Inc. prevailed Sept. 24 in the first bellwether trial in litigation consolidated in the U.S. District Court for the Eastern District of Louisiana that alleges that mobile homes and trailers provided by the Federal Emergency Management Agency to hurricane refugees exposed the plaintiffs to dangerous levels of formaldehyde (In Re: FEMA Trailer Formaldehyde Products Liability Litigation, No. 07-1873, MDL 1873; Charlie Age, et al. v. Gulf Stream Coach, Inc., et al., No. 09-2892, E.D. La.; See 9/15/09, Page 6; See related stories in this issue).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 8, 2009 Category: Medical Law Source Type: info
FEMA Trailer Trial Motions Seek Judgment In Law; Appeal Of Order Limiting ExpertEmail this article to a colleague.
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NEW ORLEANS - In the run-up to and during the bellwether trial in the formaldehyde exposure lawsuit against the Federal Emergency Management Agency and trailer manufacturers pending in the U.S. District Court for the Eastern District of Louisiana, motions for judgment and challenging evidentiary rulings were filed at a brisk pace; the jury returned Sept 24 with a defense verdict (In Re: FEMA Trailer Formaldehyde Products Liability Litigation, No. 07-1873, MDL 1873, E.D. La.; Charlie Age, et al. v. Gulf Stream Coach, Inc., et al., No. 09-2892, E.D. La.; See 9/15/09, Page 6; See the related stories in this issue).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 8, 2009 Category: Medical Law Source Type: info
FEMA Trailer Appeal Docketed; 5th Circuit Seeks Joint Designation Of Trial RecordEmail this article to a colleague.
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NEW ORLEANS - Parties to the consolidated Federal Emergency Management Agency litigation had until Sept. 30 to designate portions of the record in the U.S. District Court for the Eastern District of Louisiana that are germane to a Sept. 10 petition filed by the Plaintiffs Steering Committee in the Fifth Circuit U.S. Court of Appeals for leave to file an interlocutory appeal of a May court order that said claims against the manufactured housing defendants are preempted by the Department of Health and Urban Development code (In re: FEMA Trailer Formaldehyde Product Liability Litigation, No. 09-30821, 5th Cir.; See 6/16/09, P...
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 8, 2009 Category: Medical Law Source Type: info
Motion To Reset Radar Trial Denied; Defendant Seeks Additional Deposition TimeEmail this article to a colleague.
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EL PASO, Texas - By a minute order entered Sept. 29 in the docket, U.S. Judge Philip R. Martinez of the Western District of Texas denied a motion by General Electric Co. to amend the trial schedule for personal injuries alleged from exposure to ionizing radiation by radar technicians for the North Atlantic Treaty Organization and former members of the U.S. military plaintiffs (Kenneth Blum, et al. v. General Electric, No. 07-99 [consolidated] W.D. Texas; See 9/15/09, Page 18).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 8, 2009 Category: Medical Law Source Type: info
2-Track Plan Adopted For Idaho Grower Claims Herbicide Cut Crop YieldsEmail this article to a colleague.
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BOISE, Idaho - Chief U.S. Judge B. Lynn Winmill of the District of Idaho said Sept. 25 that the next phase of the herbicide drift litigation will follow two parallel plans to address an appeal of the Aug. 24 plaintiff verdict and to set the stage for an omnibus trial of the claims of the remaining grower groups (Timm Adams, et al. v. United States, et al., No. 03-49; D. Idaho; See 9/15/09, Page 23).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 8, 2009 Category: Medical Law Source Type: info
Panel Says Plaintiffs Had Knowledge Of Diacetyl Risks; Summary Judgment StandsEmail this article to a colleague.
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CINCINNATI - An Ohio appeals panel on Sept. 25 upheld summary judgment in favor of an artificial-flavoring company in a chemical exposure action, agreeing that the plaintiffs had knowledge of their hazardous working conditions and possible medical problems for several years before filing their complaint (Robin Doane, et al. v. Givaudan Flavors Corp., et al., No. C-080928, Ohio App., 1st Dist.; 2009 Ohio App. LEXIS 4268).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 8, 2009 Category: Medical Law Source Type: info
Plaintiff, Defendant File Notice Of Settlement, Seek Dismissal With PrejudiceEmail this article to a colleague.
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BOSTON - A former defense contractor employee and Brush Wellman Inc., which provided beryllium products to the military contractor employing the plaintiff, announced Sept. 29 that they have reached a confidential settlement and jointly asked the U.S. District Court for the District of Massachusetts to dismiss all claims against Brush Wellman (Suzanne Genereux, et al. v. American Beryllia Corp., et al., No. 04-12137, D. Mass.; See 9/15/2009, Page 11).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 8, 2009 Category: Medical Law Source Type: info
Texas Supreme Court Grants Railroad Relief From Order To Produce Freight ScheduleEmail this article to a colleague.
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AUSTIN, Texas - A unanimous Supreme Court of Texas granted Union Pacific Railroad Co. relief Sept. 25 from a lower court order that it produce confidential rate information to plaintiffs alleging personal injury from inhaling chlorine gas released after the collision and derailment of two trains in 2004 (In re: Union Pacific Railroad Co., No. 08-740, Texas Sup.).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 8, 2009 Category: Medical Law Source Type: info
Tile Grout Sealant Litigation Packaging Defendant Granted Summary Judgment In PartEmail this article to a colleague.
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ATLANTA - A package-manufacturer joined in the national tile grout products liability litigation consolidated in the U.S. District Court for the Northern District of Georgia was granted summary judgment in part on Sept. 28; only the negligence claim in cases filed in Georgia survive (In re: Stand 'n Seal Products Liability Litigation [Walter Adams, No. 07-686], No. 07-1804, MDL 1804, N.D. Ga.; 2009 U.S. Dist. LEXIS 89987; See the related story in this issue.; See 9/15/09, Page 10).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 8, 2009 Category: Medical Law Source Type: info
Grout Sealant Synthesizer Granted Summary Judgment In 3 Consolidated Georgia CasesEmail this article to a colleague.
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ATLANTA - The judge overseeing the Stand 'N Seal grout sealer multidistrict litigation on Sept. 18 applied Georgia law to claims in three additional cases and granted summary judgment to defendant Ortec Inc. (In Re: Stand 'N Seal Products Liability Litigation, No. 07-1804, MDL 1804, N.D. Ga.; See 9/15/09, Page 10).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 8, 2009 Category: Medical Law Source Type: info
Ohio Plaintiffs Press Claim Groundwater Modeling Data Destroyed By DefendantsEmail this article to a colleague.
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CINCINNATI - With a property damage trial anticipated before the end of October, some 200 residents living near a petroleum refinery in Hooven, Ohio, and Chevron USA Inc. dispute whether the company provided the data used in 1994 to construct a model of groundwater (Carolyn Baker, et al. v. Chevron USA Inc., et al., No. 05-227, S.D. Ohio; See 2/16/07, Page 11).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 8, 2009 Category: Medical Law Source Type: info
Federal Judge Grants Plaintiffs Stay To Pursue Veil-Piercing DiscoveryEmail this article to a colleague.
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NEW YORK - Plaintiffs pursuing personal injury claims for alleged exposure to contamination from a Bhopal, India, chemical refinery were granted a stay on Sept. 22 to pursue discovery in support of their opposition to a defense motion for summary judgment sounding in the corporate veil-piercing defense (Janki Bai Sahu, et al. v. Union Carbide Corp., et al., No. 04-8825, S.D. N.Y.; 2009 U.S. Dist. LEXIS 86958; See 11/18/08, Page 7).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 8, 2009 Category: Medical Law Source Type: info
Pennsylvania Veteran Alleges Contractors Breached Duty At Iraqi Construction SiteEmail this article to a colleague.
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PITTSBURGH - A former Army sergeant alleging exposure to hexavalent chromium while assigned to a water treatment plant in Iraq sued government contractors on Sept. 11 in the U.S. District Court for the Western District of Pennsylvania for personal injuries he alleges were caused by the contractors' failure to warn him of the exposure risks (Glen Bootay v. KBR Inc., et al., No. 09-1241, W.D. Pa.).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 8, 2009 Category: Medical Law Source Type: info
Plaintiffs Allege Refinery Contaminated Neighborhood, Seek Millions In DamagesEmail this article to a colleague.
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CINCINNATI - Plaintiffs filed a consolidated complaint on Sept. 8 in the U.S. District Court of the Southern District of Ohio, seeking a billion dollars in compensatory and punitive damages from Chevron USA Inc. for exposure to chemicals released from a petroleum refinery and tank farm operated more than 50 years by Gulf Oil Co. (Daniel Brockman, et al. v. Chevron USA Inc., et al., No. 09-656, S.D. Ohio).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 8, 2009 Category: Medical Law Source Type: info
National Toxicology Program Conducts Cell Phone StudyEmail this article to a colleague.
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WASHINGTON, D.C. - A three-phase study of cell phone radiofrequency radiation sponsored by the National Toxicology Program (NTP) was explained Sept. 14 in testimony by John R. Bucher, Ph.D., associate director of the NTP at the National Institute of Environmental Health Sciences.
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 8, 2009 Category: Medical Law Source Type: info
EPA Issues Contaminant List For Potential Water RegulationEmail this article to a colleague.
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WASHINGTON, D.C. - The U.S. Environmental Protection Agency announced Sept. 23 it will add 104 chemicals and 12 microbiological contaminants for consideration for a drinking water standard under authority of the Safe Drinking Water Act.
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 8, 2009 Category: Medical Law Source Type: info
Occupational Exposure, ALS Linked In NIEHS ResearchEmail this article to a colleague.
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RESEARCH TRIANGLE PARK, N.C. - National Institutes of Environmental Health Sciences epidemiological research published in the September Environmental Health Perspectives reports an increased risk of amyotrophic lateral sclerosis in construction laborers and precision metalworkers (EHP 117:9;1387-1392).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - October 8, 2009 Category: Medical Law Source Type: info
10th Circuit Panel Affirms Medical Monitoring Claim Remand To Oklahoma CourtEmail this article to a colleague.
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DENVER - A unanimous 10th Circuit U.S. Court of Appeals panel on Sept. 4 declined to consider the question of whether the Comprehensive Environmental Response, Compensation and Liability Act creates federal jurisdiction over a medical monitoring and property damage case against the operators of an Oklahoma zinc smelter and affirmed remand of the putative class action (Bob Coffey, et al. v. Freeport McMoRan Copper & Gold, et al., No. 09-6106, 10th Cir.; See 5/6/08, Page 18).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 16, 2009 Category: Medical Law Source Type: info
Pennsylvania Appellate Panel Orders Defense Judgment For Filing Death Claim LateEmail this article to a colleague.
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PHILADELPHIA - In an opinion of first impression, a unanimous Pennsylvania Superior Court panel on Sept. 8 overturned a lower court denial of summary judgment under the Pennsylvania Workers' Compensation Act exclusive remedy for an occupational injury and ordered the trial court to enter judgment for the employer in a vinyl chloride exposure lawsuit (Antonio Ranalli v. Rohm & Haas Co., No. 871 EDA 2008, Pa. Super.; See 6/1/07, Page 16).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 16, 2009 Category: Medical Law Source Type: info
Pretrial Order Summarizes Facts In Dispute For Trial Of Emergency Trailer ClaimsEmail this article to a colleague.
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NEW ORLEANS - In anticipation of the Sept. 14 bellwether trial in the consolidated Federal Emergency Management Administration formaldehyde contaminated emergency housing litigation pending in the U.S. District Court for the Eastern District of Louisiana, Judge Kurt D. Engelhardt issued a pretrial order Sept. 8 that summarizes the Sept. 3 pretrial conference (In re: FEMA Trailer Formaldehyde Products Liability Litigation, No. 07-1873, MDL 1873, E.D. La.; See 9/1/09, Page 13).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 16, 2009 Category: Medical Law Source Type: info
Baby Care Products Makers File Motions To Dismiss Suits For Failing To State ClaimEmail this article to a colleague.
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NEWARK, N.J. - Defendants in two putative class actions alleging that child personal care products are contaminated with dangerous chemicals filed motions to dismiss amended complaints on Sept. 3 and Aug. 14 in the U.S. District Court for the District of New Jersey (Jennifer Crouch, et al. v. Johnson & Johnson Consumer Companies Inc., et al., No. 09-2905, N.J. Dist.; Kristina Vercellono, et al. v. Gerber Products Co., et al., No. 09-2350, D. N.J. ; See 9/1/09, Page 23).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 16, 2009 Category: Medical Law Source Type: info
Tile Grout Defendants Oppose Motion To Transfer Claims Out Of Consolidation CourtEmail this article to a colleague.
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ATLANTA - Three of the defendants joined in the national tile grout sealant products liability litigation consolidated in the U.S. District Court for the Northern District of Georgia filed an opposition to transferring the various lawsuits to the federal districts where the plaintiffs purchased the product; the response was filed Aug. 27 (In re: Stand 'n Seal Products Liability Litigation [Michael Bell, No. 07-687], No. 07-1804, MDL 1804, N.D. Ga.; See 9/1/09, Page 15).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 16, 2009 Category: Medical Law Source Type: info
Unanimous California Panel Affirms Summary Judgment For Sophisticated User DefenseEmail this article to a colleague.
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FRESNO, Calif. - When an employee of an incendiary device manufacturer is injured by an accidental ignition of the flammable materials, the producers of the raw materials used in the manufacturing process are not liable to the injured employee for failing to warn the employer about the combustion risks of the mixture, a unanimous Fifth District California Court of Appeal panel said Aug. 28 (Luke Teston v. Valimet Inc., No. F055889, Calif. App., 5th Dist.; 2009 Cal. App. Unpub. LEXIS 6986).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 16, 2009 Category: Medical Law Source Type: info
1st Circuit Denies Review Of July Opinion Overturning Defense Summary JudgmentEmail this article to a colleague.
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BOSTON - Motions for review of a unanimous July 29 First Circuit U.S. Court of Appeals panel opinion overturning a defense statute of limitations summary judgment for a woman exposed to beryllium were denied by the panel and by the judges of the circuit for an en banc review, according to an order entered Sept. 1 (Suzanne Genereux, et al. v. American Beryllia Corp., et al., No. 07-2676, 1st Cir.; See 9/1/09, Page 4).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 16, 2009 Category: Medical Law Source Type: info
Mississippi Widow Ordered To Pay Court Costs For Suit Labeled Frivolous By JudgeEmail this article to a colleague.
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GRENADA, Miss. - The widow of a Mississippi plaintiff who sought to recover for the alleged exposure of her decedent to creosote wood treatment chemicals at a Mississippi facility was ordered Aug. 28 to pay legal costs for filing a frivolous lawsuit, and the defendants were granted a no-evidence summary judgment (Elenora Hubbard v. Koppers Inc., et al., No. 06-187, Miss. Cir., Grenada Co.).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 16, 2009 Category: Medical Law Source Type: info
Claims Against Paper Mill Dismissed Without Prejudice By Alabama Federal JudgeEmail this article to a colleague.
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MONTGOMERY, Ala. - An abnormally dangerous activity cause of action survived summary judgment on Aug. 21 in a U.S. District Court for the Middle District of Alabama lawsuit, pitting more than 300 plaintiffs against International Paper Co. for paper mill waste contamination of the town of Prattville, Ala., but a handful of other torts were dismissed with leave to amend the pleadings (Thomas L. Brantley, et al. v. International Paper, No. 09-230, M.D Ala.; 2009 U.S. Dist. LEXIS 78645).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 16, 2009 Category: Medical Law Source Type: info
Plaintiffs Denied Remand Of Related Personal Injury, Property Damage LawsuitsEmail this article to a colleague.
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ST. JOSEPH, Mo. - Putative class representatives seeking class treatment of a property damage class and a medical monitoring class for exposure to lead and arsenic contamination failed to have their cases remanded to Clinton County, Mo., Circuit Court for; the order denying remand was filed Sept. 2 (Cyndee Gardner, et al. v. Rockwool Industries Inc., No. 09-6082, W.D. Mo.; 2009 U.S. Dist. LEXIS 79705; Carol Helms, et al. v. Rockwool Industries Inc., No. 09-6081, W.D. Mo.; 2009 U.S. Dist. LEXIS 79698; See 7/21/09, Page 5).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 16, 2009 Category: Medical Law Source Type: info
Louisiana Plaintiffs Lose Bid To Remand Injury Claims To Louisiana State CourtEmail this article to a colleague.
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NEW ORLEANS - U.S. Judge Kurt D. Engelhardt of the Eastern District of Louisiana denied a plaintiff motion to remand a lawsuit seeking damages for exposure to naturally occurring radioactive material on oil extraction equipment from the bench on Sept. 2; no written order was entered (Cheryl Aucoin, et al. v. ExxonMobil Corp., et al., No. 09-3690, E.D. La.; See 8/18/09, Page 13).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 16, 2009 Category: Medical Law Source Type: info
Tenn. Plaintiff's Motion To Exclude Expert Denied; Motion To Reset Trial GrantedEmail this article to a colleague.
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KNOXVILLE, Tenn. - A dispute between a Tennessee plaintiff who alleges injuries from pool chemicals spilling on him in a Lowe's Home Centers Inc. store and the company over the timing of a defense expert deposition in a U.S. District Court for the Eastern District of Tennessee case was resolved Sept. 1 by the admonishing of counsel for both parties (David L. Best v. Lowe's Home Centers Inc., et al., No. 04-294, E.D. Tenn.; See 8/18/09, Page 16).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 16, 2009 Category: Medical Law Source Type: info
Radar Litigation Defendant Challenges Plaintiff Choices For November Texas TrialEmail this article to a colleague.
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EL PASO, Texas - General Electric Co. avers in an Aug. 31 motion to amend the trial schedule of a U.S. District Court for the Western District of Texas ionizing radiation exposure lawsuit involving radar technicians for the North Atlantic Treaty Organization and former members of the United States military that plaintiffs threaten to upset the trial schedule with their selection of test plaintiffs for a trial in November (Kenneth Blum, et al. v. General Electric, No. 07-99 [consolidated] W.D. Texas; See 8/18/09, Page 9).
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Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 16, 2009 Category: Medical Law Source Type: info
TVA Seeks Discovery Stay Pending Ruling On Motions To Dismiss Coal Slurry ClaimsEmail this article to a colleague.
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KNOXVILLE, Tenn. - The Tennessee Valley Authority and its employees filed a motion on Sept. 1 to stay discovery in the lawsuits pending against it in the U.S. District Court for the Eastern District of Tennessee arising from the collapse in December of a coal slurry lagoon and the release of an estimated billion gallons of waste (Larry Mays v. Tennessee Valley Authority, No. 09-6; E.D. Tenn.; Mary Margaret Blanchard, et al. v. Tennessee Valley Authority, No. 09-9, E.D. Tenn.; Robert O. Giltnane, et al. v. Tennessee Valley Authority, 09-14, E.D. Tenn.; Jot Raymond, et al. v. Tennessee Valley Authority, No. 09-48, E.D. Tenn....
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - September 16, 2009 Category: Medical Law Source Type: info
