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

Mealey's Toxic Torts

October 01, 2025
EPA, HUD Settle Lead Paint Violations With Newark Housing Authority

WASHINGTON, D.C. — The U.S. Environmental Protection Agency has announced that it and the U.S. Department of Housing and Urban Development have reached concurrent settlements with the Newark Housing Authority (NHA) to correct violations of federal lead-based paint regulations. The agreements call for waiving as much as $177,500 in penalties if the NHA complies with federal standards.
September 30, 2025
Judge Awards Medical Facility More Than $5.17M In Ethylene Oxide Trial Costs

GOLDEN, Colo. — A state court judge in Colorado has awarded a medical sterilization plant $5,179,935.42 in costs following a defense verdict in the plant’s favor related to allegations that plaintiffs developed cancer from exposure to ethylene oxide (EtO).
September 30, 2025
Defendants: Firefighters’ Bid For Jurisdictional Discovery In PFAS Case Fails

NEW HAVEN, Conn. — Multiple defendants, including E.I. du Pont de Nemours & Co., which is now known as EIDP Inc., and its affiliates, have filed a brief in Connecticut federal court arguing that a motion for jurisdictional discovery filed by firefighters and other plaintiffs in an injury lawsuit related to exposure to per- and polyfluoroalkyl substances (PFAS) should be dismissed because they fail to allege a basis for jurisdiction.
September 29, 2025
Counsel Committed Fraud In Reaching $600M Train Settlement, Plaintiffs Say

YOUNGSTOWN, Ohio — Some class members who opted in to the $600 million class settlement pertaining to the derailment of a Norfolk Southern train in East Palestine, Ohio, have moved in Ohio federal court for relief from the final approval order on grounds that newly discovered evidence reveals that class counsel made “material misrepresentations” to the court and to class members. The class members also say class counsel “concealed critical expert findings about health risks, and violated their fiduciary duties to the class.”
September 29, 2025
Investors Seek Final OK For $38M Securities Settlement Tied To Roundup Litigation

SAN FRANCISCO — Investors have filed in California federal court an unopposed motion for final approval of a $38 million proposed settlement in a securities fraud class action against Bayer AG, the parent company of Monsanto Co., related to statements it made about Monsanto’s science-based trial defenses in Roundup litigation, arguing that continuing the litigation presents “numerous risks” to establishing liability and damages to securing any recovery for the class.
September 26, 2025
Insurer Waives Right To Respond To Petition Seeking High Court Review In PFAS Suit

CINCINNATI — An insurer waived its right to respond to a petition for a writ of certiorari filed by an insured seeking the U.S. Supreme Court’s review of a Sixth Circuit U.S. Court of Appeals’ ruling that vacated a district court’s decision to retain jurisdiction over breach of contract and bad faith claims but remanded a declaratory judgment claim in a dispute over coverage for underlying per- and polyfluoroalkyl substances (PFAS) exposure suits.
September 26, 2025
9th Circuit: Expert Properly Excluded In Roundup Case, Summary Judgment Affirmed

SAN FRANCISCIO — A federal judge acted within his discretion under Daubert v. Merrell Dow Pharmaceuticals Inc. in excluding testimony from a causation expert retained by a man who sued Monsanto Co. for allegedly causing his cancer as a result of exposure to glyphosate, the active ingredient in the herbicide Roundup, the Ninth Circuit U.S. Court of Appeals ruled Sept. 25 in affirming summary judgment for Monsanto.
September 25, 2025
Report Calls PFAS At Sites Run By the Department Of Energy ‘Key Safety Challenge’

WASHINGTON, D.C. — A report issued by the U.S. Government Accountability Office on the presence of per- and polyfluoroalkyl substances (PFAS) at sites operated by the U.S. Department of Energy (DOE) recommends that the secretary of Energy should direct all DOE sites to review PFAS levels as they pose “a key safety challenge and management priority.”
September 25, 2025
Judge Says Texas’ PFAS Case Against 3M, DuPont Belongs In State Court

DALLAS — A federal judge in Texas on Sept. 24 remanded the state of Texas’ per- and polyfluoroalkyl substances (PFAS) lawsuit against 3M Co. and several affiliates of E.I. DuPont de Nemours & Co. to state court, concluding that the state is the real party in interest in the litigation and, as a result, the district court lacks jurisdiction over the case.
September 25, 2025
Insurer Owes No Coverage For Remediation Costs, Indiana Federal Judge Says

TERRE HAUTE, Ind. — No coverage is owed to insureds for remediation costs incurred as a result of the discovery of perchloroethylene (PCE) in an insured building because no suit was filed against the insureds as required to trigger coverage under the policies, an Indiana federal judge said.
September 25, 2025
Monsanto Challenges $78M Glyphosate Cancer Award In Pennsylvania Appeals Court

PHILADELPHIA — Monsanto Co. has filed a notice in the Pennsylvania Superior Court indicating that it is appealing a $78 million award for a couple in a cancer lawsuit in which they argued that exposure to glyphosate, the active ingredient in the herbicide Roundup, caused their injury. The notice of appeal was posted as a note on the docket on Sept. 24.
September 25, 2025
California Bill Would Ban PFAS In Some Products, Following New Mexico’s Example

SACRAMENTO, Calif. — Legislation that would prohibit the sale of cleaning products, dental floss, food packaging, ski wax and cookware that contain intentionally added per- and polyfluoroalkyl substances (PFAS) has passed both houses of the California Legislature and awaits a decision by the governor.
September 24, 2025
Plaintiffs With Cancer Say Monsanto Misrepresented Evidence Of Roundup’s Toxicity

WILMINGTON, Del. — Individuals who have cancer sued Monsanto Co. and one of its affiliates in Delaware state court alleging that the companies are liable for causing their injuries because they negligently misrepresented the evidence regarding the genotoxicity and carcinogenicity of the herbicide Roundup.
September 24, 2025
Judge Declines To Nix Flint Tort Claims, Says EPA Knew Negligence Could Cause Harm

DETROIT — A federal judge in Michigan has denied the U.S. government’s attempt to dismiss the claims of nine of the 11 bellwether plaintiffs in the $722.4 million Federal Tort Claims Act (FTCA) lawsuit against the government related to the lead-contaminated water crisis in Flint, ruling that the U.S. Environmental Protection Agency knew that its negligence regarding its responsibility could lead to harm and that the plaintiffs relied on the promise that the government would protect their water from harmful contaminants.
September 23, 2025
Sterilization Facility: Ethylene Oxide Claims Fail Due To Contributory Negligence

LOS ANGELES — A commercial facility that sterilizes medical equipment has filed an answer in California state court denying all allegations brought by individuals who contend that they have been injured by exposure to ethylene oxide (EtO) emitted by the facility. The company also demands a jury trial on its multiple affirmative defenses, arguing that, among other things, the plaintiffs claims are barred by the doctrine of contributory negligence.
September 23, 2025
Paraquat Makers Say High Court Should Hear Case To Settle Unresolved Questions

WASHINGTON, D.C. — Chemical companies have filed a reply brief in the U.S. Supreme Court arguing that it should hear their appeal of a ruling in a product liability case related to exposure to the pesticide paraquat because questions from the Supreme Court’s prior ruling in Mallory v. Norfolk Southern Railway Co. pertaining to the commerce clause and the scope of due process limits remain unresolved and the case at hand is “the necessary sequel to Mallory.”
September 23, 2025
Split Michigan Appeals Panel Rules In 3M’s Favor Again On PFAS Water Rules

LANSING, Mich. — In an unpublished per curiam opinion, a divided Michigan appellate panel has affirmed a trial court’s order for the second time in favor of 3M Co., ruling that the Michigan Department of Environment, Great Lakes, and Energy (EGLE) violated the state’s Administrative Procedures Act (MAPA) when it issued new rules for permissible levels of per- and polyfluoroalkyl substances (PFAS) in drinking water without preparing a regulatory impact statement (RIS) that includes an estimate of how much compliance with the proposed rules will cost “businesses and other groups.” The per curiam opinion came after the Michigan Supreme Court remanded the case with instructions to address a specific question that was unanswered in the panel’s previous divided opinion.
September 23, 2025
Man With Silicosis: Stone Countertop Makers, Sellers Concealed Product’s Dangers

SAN FRANCISCO — A former cutter, fabricator and/or installer of quartz countertops, who has developed silicosis and pulmonary fibrosis, has sued multiple parties in the California Superior Court alleging they are liable for his injuries because they were negligent and fraudulently concealed the fact that the stone products in question were toxic and that they contained silica as well as other toxins that cause fibrotic lung disease.
September 22, 2025
Insured Says Insurer Owes Additional Coverage For Underlying Silica Lawsuits

NEW YORK — An insured filed counterclaims against its insurer in New York federal court, seeking declarations that the insurer has a continued duty to defend and indemnify the insured in underlying silica bodily injury lawsuits and further seeking declarations that the underlying lawsuits constitute multiple occurrence and that a pro rata method of allocation applies.
September 22, 2025
Monsanto’s Bid To Dismiss Roundup Cancer Wrongful Death Case Fails, Widow Says

SAN FRANCISCO — A widow who is suing Monsanto Co. filed a brief in California federal court on Sept. 19 arguing that it should deny Monsanto’s motion for summary judgment on causation in a lawsuit alleging that the herbicide caused a man’s cancer and eventual death because she has provided information about expert testimony expected to be provided in the case.
September 19, 2025
Panel Upholds Monsanto Win In Trial Over PCBs And Roundup, Despite Potential Bias

CHICAGO — In an unpublished opinion, an Illinois state appeals court on Sept. 18 affirmed a lower court’s decision in favor of Monsanto Co. in a lawsuit brought by people who claimed that they were injured as a result of using the herbicide Roundup and through exposure to polychlorinated biphenyls (PCBs), ruling that the trial court did not abuse its discretion in a series of procedural decisions it made, one of which was to retain a juror despite allegations of bias.
September 19, 2025
EPA Upholds PFAS CERCLA Designation, Wants Abeyance Lifted In D.C. Circuit Case

WASHINGTON, D.C. — After months of review, the U.S. Environmental Protection Agency decided to uphold a final rule that added two widely used per- and polyfluoroalkyl substances (PFAS) to the list of hazardous substances covered by the Comprehensive Environmental Response, Compensation, and Liability Act and wants briefing to commence in a series of consolidated petitions filed in a federal circuit court by the U.S. Chamber of Commerce and six trade associations against the designation.
September 19, 2025
Oil Company Says Court Lacks Jurisdiction Over Plaintiffs In PFAS Water Lawsuit

WHEELING, W.Va. — A defendant in a lawsuit seeking to recover the costs associated with removing per- and polyfluoroalkyl substances (PFAS) that have tainted local sources of drinking water under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) on Sept. 18 moved in West Virginia federal court to dismiss the case, arguing that the plaintiffs have failed to offer sufficient allegations establishing grounds for the court to constitutionally exercise general or specific personal jurisdiction.
September 18, 2025
Study Shows Groundwater Was Affected By Fracking Overflow Incident In Pennsylvania

PITTSBURGH — In a study published Sept. 17, researchers at Pittsburgh-based universities have found that evidence related to a “frac-out” event in 2022 in western Pennsylvania resulted in “oil and gas brine contributions to water chemistries as well as fugitive methane with 62% of the well water samples” and geospatial analysis determined that the extent of the water contamination was wider than initially reported.
September 17, 2025
3M Says Firefighter’s PFAS Cancer Case Is Barred By Federal Contractor Defense

ST. LOUIS — In its notice of removal filed Sept. 16 in Missouri federal court, 3M Co. argues that a lawsuit brought by a firefighter alleging that per- and polyfluoroalkyl substances (PFAS) in protective gear is responsible for causing his cancer is barred by the government contractor defense.