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

Mealey's Toxic Torts

July 26, 2024
Monsanto Says Appellate Ruling In Related Case Dooms Chances Of PCB Plaintiffs

SEATTLE — Monsanto Co. has moved in Washington state court for summary judgment dismissal of a lawsuit for injuries from polychlorinated biphenyls (PCBs) at a Seattle area school on grounds that in light of a state appellate ruling in a different but similar case, the plaintiffs in the case at hand lack evidence of sufficient exposure to cause their alleged injuries.
July 25, 2024
Monsanto Hires Plaintiff Attorney To Get Customers To Pay PCB Litigation Costs

WASHINGTON, D.C. —Monsanto Co. on July 25 announced that it has retained plaintiff’s attorney Mark Lanier to be counsel of record in its lawsuit against companies that formerly purchased polychlorinated biphenyls (PCBs) from Monsanto but that now refuse to defend or indemnify it in litigation pending throughout the country pertaining to alleged PCB contamination. The case is currently on appeal at the Eighth Circuit U.S. Court of Appeals after a Missouri federal judge granted a motion to remand the case to Missouri state court.
July 24, 2024
3rd Circuit Nixes Chemours’ PFAS Drinking Water Advisory Case, Citing Jurisdiction

PHILADELPHIA — A panel of the Third Circuit U.S. Court of Appeals on July 23 issued a precedential ruling that dismissed a petition by The Chemours Co. FC LLC that sought review of a drinking water health advisory for per- and polyfluoroalkyl substances (PFAS), concluding that because the health advisory is not a final agency action, the case is dismissed for lack of jurisdiction.
July 24, 2024
North Carolina And Dupont Resolve Discovery Dispute In PFAS Contamination Case

FAYETTEVILLE, N.C. — The state of North Carolina and affiliates of E.I. du Pont de Nemours & Co. (referred to as Old DuPont) have filed a stipulation in state court resolving discovery disputes in litigation the state brought related to the use, manufacture and discharge of per- and polyfluoroalkyl substances (PFAS), which the state contends have contaminated local groundwater. The stipulation indicates that the parties will not pursue discovery disputes absent new information as to the documents’ whereabouts.
July 23, 2024
3M: Former Firefighter’s PFAS Case Belongs In MDL For Aqueous Film Forming Foam

WASHINGTON, D.C. — The 3M Co. has filed a brief with the U.S. Judicial Panel on Multidistrict Litigation (JPMDL) contending that it should transfer to the multidistrict litigation in South Carolina federal court the case brought by a former firefighter who contends that he was injured by exposure to per- and polyfluoroalkyl substances (PFAS) in the firefighting agent known as aqueous film forming foam (AFFF) because the case “substantially overlaps with myriad similar cases already pending in the MDL.”
July 23, 2024
New York Panel Reverses PFAS Ruling, Says Evidence Of Pollution Was Not Refuted

ALBANY, N.Y. — A New York appellate panel has reversed a trial court ruling that dismissed a lawsuit related to the contamination of groundwater from per- and polyfluoroalkyl substances (PFAS), concluding that the New York Department of Environmental Conservation (DEC) did not provide evidence rebutting the allegations that leachate from a solid waste management facility would contain PFAS that would pollute Cayuga Lake.
July 23, 2024
Residents To Appeal Dismissal Of Jackson, Miss., Drinking Water Crisis Lawsuit

JACKSON, Miss. — Residents of Jackson filed a notice in Mississippi federal court, indicating that they will be appealing a judge’s ruling that dismissed their lawsuit against the city in their drinking water contamination case.
July 22, 2024
Judge Denies DuPont’s Bid To Be Excluded From Chloroprene Emissions Injury Lawsuit

NEW ORLEANS — A federal judge in Louisiana has denied a motion for judgment on the pleadings in a chemical injury lawsuit involving carcinogenic chloroprene emissions from neoprene manufacturing operations sought by E.I. du Pont de Nemours & Co., ruling that DuPont’s motion “presented no new grounds to warrant its dismissal.”
July 22, 2024
In Consolidated Ruling, Panel Says Water Providers Not Liable For Contamination

TRENTON, N.J. — In a consolidated appeal of two class actions, a panel in New Jersey on July 19 ruled that there is no basis upon which municipal water providers may be held liable under a breach-of-contract theory for distributing water that contains a high level of contaminants.
July 22, 2024
Hair Relaxer Defendant Says Couple’s Claim Fails For Lack Of Factual Allegations

CHICAGO — A defendant who was sued by a couple that claims that the wife has developed cancer from using hair care products has filed a motion to dismiss the lawsuit in Illinois federal court, contending that the plaintiffs fail to state a claim upon which relief can be granted because the complaint is “devoid of factual allegations” related to the defendant specifically.
July 19, 2024
Vermont: Schools’ PCB Case Should Be Stayed To Avoid ‘Piecemeal Litigation’

BURLINGTON, Vt. — The state of Vermont has filed a reply brief in Vermont federal court arguing that it should stay a lawsuit brought by 95 school districts against Monsanto Co. related to contamination from polychlorinated biphenyls (PCBs) because the state filed its case first and a stay is needed “to prevent inefficient, piecemeal litigation.”
July 19, 2024
Lockheed Martin Denies Claims In Wrongful Death Case Related To Toxic Exposure

ORLANDO, Fla. — Lockheed Martin Corp., which was sued by a widow who claims that the company is liable for her husband’s wrongful death from exposure to toxic chemicals, has filed an answer in Florida federal court denying all allegations and asserting affirmative defenses including that the claims are barred by the statute of limitations and that any alleged harm was caused by “intervening or superseding causes outside of Lockheed Martin’s control.”
July 19, 2024
Judge: Some Claims Are Valid Against DuPont In North Carolina PFAS Water Case

RALEIGH, N.C. — A federal judge in North Carolina has partially granted a motion to dismiss a per- and polyfluoroalkyl substances (PFAS) lawsuit, ruling that claims brought by Aqua North Carolina Inc. against E.I. du Pont de Nemours & Co. Inc. and its affiliates for negligence, private nuisance and trespass are valid, but punitive damages and unfair and deceptive trade practices are not.
July 18, 2024
New Mexico Amends PFAS Case Against Government To Add Claim Under Superfund Law

CHARLESTON, S.C. — The state of New Mexico, which had previously sued the U.S. government related to contamination from per- and polyfluoroalkyl substances (PFAS) in the firefighting agent called aqueous film forming foam (AFFF), has amended its complaint to add claims under the Comprehensive Environmental Response, Compensation, and Liability Act related to the costs associated with removal and remediation of the contamination.
July 18, 2024
Judge Denies Man With Cancer New Trial Against Monsanto In Roundup Lawsuit

PHILADELPHIA — A Pennsylvania state court judge has denied a plaintiff’s post-trial motion seeking a new trial after a jury ruled in favor of Monsanto Co. in his case in which he attempted to hold the company liable for his injury on grounds that it was caused by exposed to glyphosate, the active ingredient in the herbicide Roundup.
July 18, 2024
Man With Silicosis: Dispute Over Quartz Slab Manufacturing Is Defendant’s ‘Ruse’

LOS ANGELES — A stonecutter who alleges that he has developed silicosis from working with quartz countertops has filed a trial brief in California state court arguing that one of the defendants has engaged in a “ruse” that is a “grossly unethical attempt” to persuade the court that it is not the manufacturer of the artificial stone slabs that caused his injury.
July 18, 2024
Monsanto Files Official Notice Of Appeal In Pennsylvania Glyphosate Cancer Case

PHILADELPHIA — Monsanto Co. has filed a notice in the Pennsylvania Superior Court officially appealing the verdict against the company in a glyphosate cancer lawsuit in which a state court judge reduced an initial $2.25 billion damages award to $404,308,904.11. Monsanto listed the issues on appeal but did not provide the reasoning behind its challenge to the verdict.
July 18, 2024
Maryland, South Carolina Say Federal Officer Jurisdiction Lacking In PFAS Case

RICHMOND, Va. — The states of Maryland and South Carolina have filed a joint response brief in the Fourth Circuit U.S. Court of Appeals, arguing that 3M Co. has not established federal officer jurisdiction in consolidated lawsuits brought by the states that allege liability for contamination from per- and polyfluoroalkyl substances (PFAS).
July 18, 2024
Judge Says Some Claims Valid In Class Case Over PFAS In Cookware

AUSTIN, Texas — A federal judge in Texas has ruled that plaintiffs lack standing to pursue injunctive relief in a per- and polyfluoroalkyl substances (PFAS) case against a maker of cookware, but the judge said that the plaintiffs allege sufficient facts to “nudge them over the plausibility line” as to the general safety and toxicity of a chemical similar to PFAS and determined that it would be premature to dismiss the claims under the economic loss rule.
July 17, 2024
Chemical Companies Say Bid To Amend Complaint Only Restates Existing Allegations

HAMMOND, Ind. — A group of chemical companies has filed a brief in Indiana federal court contending that the court should deny plaintiffs’ bid to file a third amended complaint in a long-running groundwater contamination lawsuit against Atlantic Richfield Co. (ARCO) and others, only to restate the same allegations of negligent infliction of emotional distress that were already brought in the second amended complaint.
July 17, 2024
2 Elements Of RCRA Claim Are Not In Dispute, New Jersey Federal Judge Finds

TRENTON, N.J. — In a single memorandum opinion disposing of two motions for summary judgment, a New Jersey federal judge held that two environmental groups are entitled to summary judgment on two elements of their Resource Conservation and Recovery Act (RCRA) claim arising from the storage and discharge of hazardous substances at a titanium dioxide plant because the parties no longer dispute those issue.
July 11, 2024
Putative Class Says Fracking Operator Contaminated Their Drinking Water

PITTSBURGH — A group of residents have filed a putative class action against a hydraulic fracturing operator arguing that their water supply has been contaminated by fracking waste fluid that was released into the environment when an incident at a well caused a geyser to erupt and the leaked fluid got into a local aquifer.
July 08, 2024
Monsanto: Glyphosate Cancer Claims Fail For Lack Of Reliable Evidence

WILMINGTON, Del. — Monsanto Co. has filed an answer in Delaware state court denying injury claims brought against it by a man who says he developed cancer from exposure to glyphosate, the active ingredient in the herbicide Roundup, and arguing that the complaint fails because the plaintiff “cannot proffer any scientifically reliable evidence that the products at issue were defective or unreasonably dangerous.”
July 08, 2024
Judge Denies Class Status But Rules Genuine Issues Remain In Water Pollution Case

INDIANAPOLIS — A federal judge in Indiana has issued a ruling covering multiple pleadings in a groundwater contamination lawsuit, ruling that the plaintiffs are not entitled to class certification but that genuine issues of material fact exist as to whether the defendants are liable for contamination and whether that constitutes a nuisance.
July 08, 2024
Government: Fuel Spill That Led To Water Pollution Did Not Cause Injuries

HONOLULU — The U.S. government filed its closing argument brief in Hawaii federal court saying that while it “takes responsibility” for the jet fuel spill that caused groundwater contamination and the “legally cognizable harm it caused,” it is not responsible for “many of the other physical and psychological injuries the Bellwether Plaintiffs claim.”