Mealey's Toxic Torts

  • October 08, 2026

    Insurers Prevail On Motion For Order To Show Cause In Lead-Contaminated Water Suit

    LANSING, Mich. — A Michigan federal magistrate judge granted a motion for an order to show cause filed by insurers in a coverage dispute stemming from lead-contaminated water supplied by an insured city after determining that a former city employee who failed to show up at a deposition must appear before the court to show cause as to why he should not be held in contempt of court for failure to appear at the deposition.

  • October 07, 2026

    Judge Dismisses Medical Monitoring Trust Funds’ Claim From Fracking Injury Suit

    PITTSBURGH — Granting a motion to dismiss in part, a federal judge in Pennsylvania dismissed without prejudice for failure to state a claim one for medical monitoring trust funds brought by minors who sued a hydraulic fracturing operator, alleging that operations have caused them various injuries.

  • October 07, 2026

    Umbrella Insurers File Notice Of Cross-Appeal Of Ruling In PFAS Coverage Suit

    CLEVELAND — Two umbrella insurers on Oct. 6 filed a notice of cross-appeal to the Sixth Circuit U.S. Court of Appeals following an Ohio federal judge’s determination that the insurers lack standing as no coverage dispute exists based on the finding that the primary insurer has no duty to defend or indemnify the insured in underlying lawsuits stemming from exposure to per- and polyfluoroalkyl substances (PFAS).

  • October 05, 2026

    Federal Magistrate Judge Limits Production Of Documents In Chemical Exposure Suit

    KANSAS CITY, Kan. — A Kansas federal magistrate judge partially granted a motion to compel discovery filed by plaintiffs in a toxic chemical exposure case after determining that the remaining defendant must produce a number of documents and information related to its facility’s emissions dating back to the date on which the facility was acquired by the defendant because the plaintiffs met their burden of showing that the requested documents and information are relevant.

  • October 05, 2026

    Certification Of Medical Monitoring Questions Denied In PFAS Firefighter Gear Suit

    NEW HAVEN, Conn. — Firefighters, unions and the Uniformed Professional Fire Fighters Association of Connecticut (UPFFA) who filed a putative class complaint alleging harm from certain personal protective equipment containing per- and polyfluoroalkyl substances (PFAS) have presented “apparently contradictory positions” on medical monitoring claims, a federal judge in Connecticut wrote, denying the plaintiffs’ motion to certify two medical monitoring-related questions to the Connecticut Supreme Court without prejudice.

  • October 05, 2026

    4th Circuit: California Must Be Allowed To Challenge AFFF MDL Transfer Order

    RICHMOND, Va. — A trial court overseeing the aqueous film-forming foam (AFFF) multidistrict litigation erred when it denied on the basis of improper venue California leave to file a motion for a temporary restraining order and preliminary injunction after its case over per- and polyfluoroalkyl substances (PFAS) contamination was transferred to that court, the Fourth Circuit U.S. Court of Appeals ruled, summarily reversing and remanding.

  • October 05, 2026

    Judge: Remand Ruling Also Denied Interlocutory Appeal In AFFF MDL

    CHARLESTON, S.C. — A federal judge in South Carolina clarified that in a Sept. 15 denial of water utilities’ motion to reconsider a May partial denial of a joint motion to remand nine cases in an aqueous film-forming foam (AFFF) multidistrict litigation, he also denied the utilities’ request for interlocutory review.

  • October 05, 2026

    3 Groups Of Fast-Track Plaintiffs Severed From Pearl Harbor Pollution Cases

    HONOLULU — A federal magistrate judge in Hawaii issued three orders severing three groups of plaintiffs who were set to proceed to fast-track trials in October and November from two consolidated lawsuits related to groundwater contamination from a jet fuel spill at the Pearl Harbor Naval Base and opening new civil cases for those groups of plaintiffs to proceed separately to trial on an expedited basis.

  • October 05, 2026

    Camp Lejeune Plaintiffs’ Counsel Reappointed As Settlement Discussions Continue

    RALEIGH, N.C. — Four federal judges in North Carolina reappointed the Plaintiffs’ Leadership Group (PLG) in the coordinated Camp Lejeune Water Litigation for a year, opining that the previous reappointment order for a period of four months “had the desired effect on the parties and that progress toward a global settlement is being made.”

  • October 02, 2026

    Federal Judge Denies Class Certification In Dollar Tree Lead-Tainted Snack Row

    NEW YORK — In a lengthy docket order, a New York federal judge denied class certification in a suit alleging that Dollar Tree Stores Inc. sold lead-contaminated fruit pouches, adopting a magistrate judge’s findings that individualized questions about each child’s exposure, injuries and medical history prevented class treatment and that the plaintiffs had not established standing or a workable framework for a medical-monitoring class.

  • October 02, 2026

    Following Stipulation, Judge Tosses Suit Alleging Baby Food Maker Concealed Toxins

    CENTRAL ISLIP, N.Y. — Following a joint stipulation of dismissal, a federal judge in New York dismissed a consolidated amended class action complaint alleging that a baby food manufacturer negligently, recklessly and/or intentionally failed to fully disclose the presence of toxic heavy metals and/or other toxins in its baby food.

  • October 02, 2026

    Judge Certifies Monitoring Class In Lead Exposure Suit, Not Personal Injury Class

    HAMMOND, Ind. — An Indiana federal judge granted in part and denied in part a motion for class certification filed by 11 minors who are suing manufacturing companies for contaminating the area where they lived and attended elementary school with lead, granting certification of their proposed medical monitoring class but denying certification of the proposed personal injury class because the plaintiffs “suffer from dozens of different conditions.”

  • October 02, 2026

    Rehearing Petition Denied After Remand Order In Baby Formula Interlocutory Appeal

    CHICAGO — The Seventh Circuit U.S. Court of Appeals denied a petition for panel rehearing and rehearing en banc filed by Mead Johnson & Company LLC, Mead Johnson Nutrition Co. and Abbott Laboratories after the appellate panel reversed an order denying remand of five Pennsylvania cases that had been removed and joined with hundreds of others in a multidistrict litigation alleging that certain cow’s milk-based infant formula caused premature infants to develop necrotizing enterocolitis (NEC).

  • September 30, 2026

    Spray Foam Manufacturer Won’t Get Attorney Fees Despite Winning Summary Judgment

    ATLANTA — A Georgia federal judge denied a spray foam manufacturer’s motion for attorney fees from a homeowner who filed suit after falling ill from the effects of allegedly toxic foam used to insulate her home, ruling that even though the plaintiff’s claims against the manufacturer were dismissed on summary judgment, they were “not so substantially groundless as to warrant a fee award.”

  • September 30, 2026

    Class Action Certified Against Company Over Lead Levels In Tampons

    SAN DIEGO — A California federal judge on Sept. 29 granted a woman’s motion to certify a statewide class bringing claims against a tampon manufacturer for violating California’s unfair competition law (UCL) and other laws by allegedly misrepresenting its tampons as safe when they in fact contained lead in its tampons and granted in part and denied in part a defense motion to exclude the plaintiff’s expert witness.

  • September 29, 2026

    Insurer Appeals Pollution Exclusion Ruling In Toxic Exposure Coverage Suit

    LOS ANGELES — An insurer filed a notice of appeal on Sept. 28 to the Ninth Circuit U.S. Court of Appeals following a California federal judge’s ruling that a pollution exclusion does not relieve the insurer of its duty to defend its insured against an underlying personal injury suit stemming from a claimant’s exposure to hydrogen sulfide gas.

  • September 29, 2026

    Underlying Plaintiffs Say Insurers Owe $25M For Contaminated Water Settlement

    LANSING, Mich. — Underlying plaintiffs who filed two class action lawsuits seeking damages caused by lead-contaminated water supplied by a city argue that the city’s insurers have a duty to defend and indemnify the city for a $25 million consent settlement reached in the underlying class action suits because the insurers cannot dispute that the settlement between the city and the underlying plaintiffs was “reasonable and in good faith,” the underlying plaintiffs say in support of a motion for summary judgment filed in Michigan federal court.

  • September 28, 2026

    Flight Attendants’ Warranty, Fraud, Distress Claims In Toxic Fume Case Dismissed

    DENVER — A federal judge in Colorado dismissed with prejudice fraud and misrepresentation, breach of warranty and negligent infliction of emotional distress claims against the manufacturers of a plane and one of its components brought by flight attendants who say they incurred injuries from a “fume event” during a flight, finding that the flight attendants’ allegations were conclusory.

  • September 25, 2026

    Judge Dismisses Monsanto’s Indemnification Claims Against Manufacturers

    ST. LOUIS — A Missouri federal judge granted a joint motion by several manufacturers to dismiss Monsanto Co.’s claims against them seeking indemnification for litigation it faces related to alleged injuries from exposure to polychlorinated biphenyls (PCBs), finding that Monsanto failed to link the litigation against it to the specific chemicals it sold to the defendants under contracts allegedly providing for indemnification by the purchasers, but granting it leave to amend.

  • September 25, 2026

    Insured Files Notice Of Appeal Of Ohio Federal Judge’s Ruling In PFAS Coverage Suit

    CLEVELAND — Following an Ohio federal judge’s finding that an occupational disease exclusion relieves a primary insurer of its duty to defend or indemnify its insured in underlying lawsuits stemming from exposure to per- and polyfluoroalkyl substances (PFAS), the insured filed a notice of appeal to the Sixth Circuit U.S. Court of Appeals.

  • September 25, 2026

    Lead Exposure Suit Survives ‘No Injuries’ Statements In Class Certification Brief

    HAMMOND, Ind. — An Indiana federal judge adopted the result of a magistrate judge’s report and recommendation and denied two motions for partial judgment on the pleadings filed by manufacturing companies accused of exposing to lead 11 minors who lived in homes and attended elementary school in an area later discovered to be contaminated, writing that “throwaway lines in a brief” regarding four plaintiffs not having injuries do not constitute “judicial admissions” that would warrant dismissal of their claims.

  • September 25, 2026

    Judge Enjoins New Mexico’s Use Of PFAS Label On Products

    ALBUQUERQUE, N.M. — A New Mexico federal judge granted a group of industrial associations’ motion for a preliminary injunction and enjoined the state of New Mexico from requiring manufacturers of products that contain intentionally added per- and polyfluoroalkyl substances (PFAS) to add a new, state-specific PFAS graphic warning, finding that the regulation is not a “reasonable fit” for the state goal of protecting public health.

  • September 25, 2026

    California Family Alleges Death, Disease Due To Exposure To Refinery Emissions

    LOS ANGELES — A family filed a lawsuit in a California court alleging claims for wrongful death, negligence and personal injury against multiple refinery facilities and their historical owners or operators, alleging that their father’s death and their diseases were caused by chronic residential exposure to hazardous air pollutants and refinery byproducts, including benzene, particulate matter, soot and ash, in Los Angeles County area refinery facilities in Carson and Wilmington from approximately 1975 through 1989.

  • September 25, 2026

    Federal Judge Denies Reconsideration Of Remand Determinations In AFFF MDL

    CHARLESTON, S.C. — A federal judge in South Carolina denied a motion to reconsider his May partial denial of a joint motion to remand nine cases in an aqueous film-forming foam (AFFF) multidistrict litigation that were brought by water utilities accusing DuPont de Nemours Inc., EIDP Inc., The Chemours Co. and Corteva Inc. (together, DuPont) of per- and polyfluoroalkyl substances (PFAS) contamination due to local industries’ use of “non-AFFF products.”

  • September 23, 2026

    False Claims Suit Over Adulterated Infant Formula Dismissed After $385M Settlement

    GRAND RAPIDS, Mich. — A federal judge in Michigan on Sept. 22 issued a final order closing a False Claims Act lawsuit alleging that Abbott Laboratories “made and sold substandard, adulterated, and non-compliant infant formula and nutritional therapy products for distribution to Federal Payer Programs and Private Payers, and submitted false claims for payment to the federal government” after the parties filed a joint stipulation of dismissal indicating that Abbott has agreed to pay $384,999,040.12 to resolve the qui tam lawsuit, as well as intervenor complaints filed by the United States and various states.