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Mealey's Toxic Torts

  • February 13, 2026

    Milwaukee Public Schools To Explore Litigation Against Former Makers Of Lead Paint

    MILWAUKEE — Milwaukee Public Schools (MPS) has directed its Board of Governance to work with the City of Milwaukee Attorney’s Office to enter into a retainer agreement with plaintiffs law firm Motley Rice as MPS considers filing a lawsuit against the former makers of lead-based paint, a source told Mealey Publications on Feb. 12.

  • February 13, 2026

    California Jury Awards More Than $8.8M For Injuries From Hydrogen Sulfide Exposure

    LOS ANGELES — A California jury has awarded plaintiffs a combined $8,869,000 in compensatory and punitive damages for injuries stemming from airborne exposure to hydrogen sulfide following a “toxic exposure event” in 2021 in which multiple chemicals were released after wooden pallets of flammable hand sanitizer and other products, which were stored in a warehouse, caught fire. The plaintiffs also said they had been injured by noxious odors that emanated from the Dominguez Channel in the aftermath of the incident.

  • February 13, 2026

    Judge Dismisses Band-Aids PFAS Case But Allows Plaintiffs To Amend Complaint Again

    TRENTON, N.J. — In dismissing a putative class action against Johnson & Johnson and its affiliates brought by plaintiffs who alleged that they had been injured by the presence of per- and polyfluoroalkyl substances (PFAS) in Band-Aids, a federal judge in New Jersey ruled that the plaintiffs failed to demonstrate standing to pursue injunctive relief.  The judge said, however, that the plaintiffs could amend their complaint yet again to correct its deficiencies.

  • February 13, 2026

    Ethylene Oxide Defendants Seek High Court Review Of Expert Admissibility Standards

    WASHINGTON, D.C. — Union Carbide Corp. and an affiliate have filed a petition for a writ of certiorari in the U.S. Supreme Court, arguing that a lower court applied the incorrect legal standard for the admissibility of an expert under Federal Rule of Evidence 702 in a lawsuit over alleged injuries caused by exposure to ethylene oxide.  The petitioners say that the Supreme Court should hear the case because federal appellate courts are divided over whether challenges to the factual basis of an expert’s opinion “always go to weight, not admissibility.”

  • February 12, 2026

    Michigan City Seeks Damages For PFAS Pollution Of Its Drinking Water

    CHARLESTON, S.C. — A city in Michigan has sued 3M Co. and other makers of per- and polyfluoroalkyl substances (PFAS) in South Carolina federal court alleging that they are liable for contaminating the local drinking water supply and contending that they knew that the use of PFAS in the firefighting agent known as aqueous film forming foam (AFFF) would release PFAS compounds into the environment.  The city’s lawsuit follows a trend of municipal litigation against the makers of PFAS and AFFF.

  • February 12, 2026

    Judge Denies Remand In PFAS Case Brought By Former Pro Baseball Players’ Widows

    PHILADELPHIA — A federal judge in Pennsylvania on Feb. 11 denied a motion to remand sought by former players and widows of former players for the Philadelphia Phillies baseball team who allege that the makers or suppliers of per- and polyfluoroalkyl substances (PFAS) are liable for wrongful death and other harm due to the presence of PFAS in the artificial turf that was used for the surface of the baseball field in Veterans Stadium, the team’s former home stadium.  The judge said that 3M Co.’s removal of the case to federal court under the federal officer removal statute was “timely and proper.”

  • February 12, 2026

    Judge Dismisses Glyphosate Case In Part But Says Duty To Warn Claim Survives

    VALDOSTA, Ga. — A federal judge in Georgia on Feb. 11 partially granted and partially denied Bayer Corp.’s motion to dismiss a lawsuit brought by a woman who claims that the company caused her to develop a neurological injury called stiff person’s syndrome (SPS), which she says is the result of her exposure to glyphosate, the active ingredient in the herbicide Roundup.  The judge said the plaintiff pleaded facts sufficient to state claim for breach of a duty to warn but did not plead facts sufficient to state a claim for negligent recall.

  • February 11, 2026

    Georgia Measure Would Limit Liability Related To Multiple Types Of PFAS Chemicals

    ATLANTA — The Georgia House Committee on the Judiciary on Feb. 10 offered a substitute measure in response to a bill sponsored by five Republican members of the Georgia House of Representatives that pertains to liability for injuries related to per- and polyfluoroalkyl substances (PFAS).  Under the substitute measure, the Georgia code would be amended to “provide immunity from certain lawsuits” for parties defined as “PFAS receivers,” that is, parties other than PFAS manufacturers that use PFAS in agriculture or to manufacture goods.

  • February 11, 2026

    Plaintiff: Sterilization Facility Knew Ethylene Oxide It Emitted Causes Cancer

    GOLDEN, Colo. — A company that operates a medical equipment sterilization facility is facing charges from a cancer sufferer that it knew that the chemical ethylene oxide (EtO), the primary chemical used in the sterilization process, causes cancer and yet it still released dangerous quantities of it into the environment.  As the trial continues in Colorado state court, the jury heard testimony on Feb. 10 from the corporate representative for the sterilization facility who said he was “shocked” when testing data from the U.S. Environmental Protection Agency revealed that the facility was emitting dangerous levels of EtO.

  • February 10, 2026

    States: Supreme Court Must Review Ruling That Denied Remand Of AFFF Lawsuits

    WASHINGTON, D.C. — Maryland and South Carolina on Feb. 9 filed a joint reply brief in the U.S. Supreme Court, arguing that a Fourth Circuit U.S. Court of Appeals ruling that denied them remand of their respective injury lawsuits against the 3M Co. related to exposure to the firefighting agent aqueous film forming foam (AFFF) is “wrong,” and they say Supreme Court review is warranted due to a “growing split” among circuit courts.

  • February 10, 2026

    Herbicide Coverage Dispute Will Remain In Delaware, Judge Says In Denying Dismissal

    WILMINGTON, Del. — A Delaware judge denied a motion to dismiss or stay an insured’s suit seeking coverage for underlying claims alleging that the herbicide paraquat causes Parkinson’s disease after determining that the moving insurers failed to demonstrate that litigating the insured’s claims in Delaware court rather than in London, where the insured initiated a similar suit, creates a hardship for the insurers.

  • January 29, 2026

    Camp Lejeune Plaintiffs: Government ‘Seeks To Rewrite’ CLJA Regarding Evidence

    RALEIGH, N.C. — The plaintiffs who are suing the U.S. government related to the drinking water contamination issues at Camp Lejeune have filed a brief in North Carolina federal court requesting that it preclude the government from offering evidence of any award, payment, or benefit immaterial to and/or outside of the scope of the Offset Provision in the Camp Lejeune Justice Act (CLJA), because they argue that the government “seeks to rewrite” the CLJA in an attempt to “apply the Offset Provision beyond its terms.”

  • January 28, 2026

    PCB Plaintiffs: Settlement Reached After Monsanto Seeks Reconsideration Of Opinion

    OLYMPIA, Wash. — The Washington Supreme Court on Jan. 27 posted a note to the docket of a case in which it previously reinstated a $185 million verdict against Monsanto Co. for injuries stemming from exposure to polychlorinated biphenyls (PCBs), amending the opinion and mandating that the case be remanded to a state superior court. The Supreme Court’s decision comes after the plaintiffs recommended that it grant Monsanto’s request for reconsideration of the majority opinion in light of the fact that the parties “have now reached an agreement to settle this case.”

  • January 28, 2026

    Airline Crew Seeks $30M Each In Damages From Airbus Inc. For Chemical Injuries

    NEW YORK — Two women who are members of an aircraft flight crew have sued Airbus Americas Inc. and an affiliate in New York federal court arguing that they were injured while working on an airplane as a result of a malfunction with what is called the “bleed air system.” The plaintiffs allege that they have suffered neurological injuries as well as other impairments that are characteristic of chemical exposure.

  • January 26, 2026

    Judge Grants Initial OK To $25M Lead Deal Allowing Lawsuit Against City’s Insurer

    GRAND RAPIDS, Mich. — A federal judge in Michigan has granted preliminary approval to a proposed $25 million settlement between Benton Harbor, Mich., and residents who are seeking damages for injuries related to exposure to lead-contaminated drinking water. The judge said the settlement meets the requirements of Federal Rule of Civil Procedure 23(a).

  • January 26, 2026

    Pollution Exclusion Can Apply Even If Insured Has Permit For Emissions, Court Says

    CHICAGO — A permit or regulation that authorizes emissions has no relevance as to whether a pollution exclusion should be applied as a bar to coverage for bodily injury claims related to chemical discharges from an insured facility, the Illinois Supreme Court said Jan. 23 in answering a certified question from the Seventh Circuit U.S. Court of Appeals.

  • January 22, 2026

    Judge Rebuffs Government’s Bid To Dismiss Flint Lead Contamination Lawsuit

    ANN ARBOR, Mich. — A federal judge in Michigan has denied the U.S. government’s motion to dismiss the claims of minor bellwether plaintiffs in the Flint water contamination lawsuit for lack of subject matter jurisdiction, ruling that the misrepresentation exception in the Federal Tort Claims Act (FTCA) does not bar the plaintiffs’ claims because they are “properly understood as negligence claims, not misrepresentation claims.”

  • January 22, 2026

    Monsanto Removes Cancer Sufferer’s $10M Roundup Case To Federal Court

    MACON, Ga. — Monsanto Co. on Jan. 21 removed to Georgia federal court a lawsuit in which a man with cancer seeks $10 million for damages on grounds that his disease was caused by exposure to the herbicide Roundup, which contains the active ingredient glyphosate.  The plaintiff says that “despite the warning signs related to Monsanto’s fraudulent testing” of Roundup, it has falsely advertised the product as safe for decades.

  • January 22, 2026

    11th Circuit: Attorney Logs In Lead Smelter Case Are Not Protected By Privilege

    ATLANTA — An 11th Circuit U.S. Court of Appeals panel on Jan. 21 affirmed a lower court’s denial of a motion for a protective order sought by a law firm in a complex discovery dispute over allegations of fraud in an underlying case involving claims brought by Peruvian citizens who say there were injured by exposure to lead from a smelting operation. The panel held that the law firm was not entitled to attorney-client privilege or work product protection for documents related to the firm’s efforts to recruit plaintiffs for the case against the smelter.

  • January 21, 2026

    GE, Others Say PCB Injury Indemnification Lawsuit Belongs In Federal Court

    ST. LOUIS — General Electric Co., along with other defendants, on Jan. 20 filed a supplemental memorandum in Missouri federal court arguing that Monsanto Co.’s motion to remand to Missouri state court the lawsuit it brought seeking indemnification for litigation related to alleged injuries from exposure to polychlorinated biphenyls (PCBs) should be denied because federal officer removal jurisdiction applies.

  • January 20, 2026

    Defendants In PFAS Water Case Say Complaint Is ‘Deficient,’ Dismissal Warranted

    WHEELING, W.Va. — Two of the defendants in a lawsuit brought by a water authority against numerous companies to recover costs associated with removing per- and polyfluoroalkyl substances (PFAS) that have tainted sources of drinking water under the Comprehensive Environmental Response, Compensation and Liability Act on Jan. 20 filed a reply brief in West Virginia federal court arguing that the case should be dismissed pursuant to Federal Rule of Civil Procedure 12(b)(6) because the complaint is “deficient.” In the alternative, the federal trial court should order the plaintiff to provide a more definite statement of its claims, the two defendants say.

  • January 20, 2026

    In School District’s PCB Case Against Monsanto, Haggling Over Experts Continues

    BURLINGTON, Vt. — The Burlington School District (BSD) and Monsanto Co. on Jan. 16 filed multiple reply briefs in Vermont federal court battling over the inclusion of witnesses in the BSD’s lawsuit alleging contamination from polychlorinated biphenyls (PCBs).  The BSD says there are numerous errors in the testimony of Monsanto’s experts, and Monsanto maintains that the BSD’s experts do not meet the standard set by Federal Rule of Evidence 702.

  • January 16, 2026

    High Court To Hear Monsanto’s FIFRA Label Preemption Appeal Related To Roundup

    WASHINGTON, D.C. — The U.S. Supreme Court on Jan. 16 granted certiorari in a case that involves a dispute over whether the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) preempts state law failure-to-warn claims based on the content of pesticide product labels, related to the herbicide Roundup.

  • January 16, 2026

    Cutters Allege Fraud Against Stone Companies, Seek Monitoring For Silica Exposure

    SAN FRANCISCO — A group of stone cutters has filed a putative class action in California federal court arguing that they are at risk of developing silicosis from working with artificial stone slabs and countertops, which exposes them to crystalline silica.  The plaintiffs contend that stone companies have disregarded their safety.

  • January 15, 2026

    Cancer Sufferers File 3 Cases Against Monsanto Alleging Fraud Related To Roundup

    WILMINGTON, Del. — Three people with cancer filed nearly identical lawsuits on Jan. 14 in Delaware state court asserting that Monsanto Co. fraudulently represented that independent scientists have concluded that glyphosate, the active ingredient in the herbicide Roundup, is safe. One plaintiff, James O’Brien Jr., argues that Monsanto’s “intentional, grossly negligent, wanton, willful, and reckless conduct warrants” punitive damages.