http://www.lexisnexis.com/mealeys/news.aspx Headline Emerging Toxic Torts Legal News from LexisNexis® en-us http://www.lexisnexis.com/mealeys/images/lexismealeyslogo.gif 130 29 http://www.lexisnexis.com/mealeys/news.aspx Copyright 2020 http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-21%20Mealey%27s%20Emerg.%20Toxic%20Torts%201%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 21 denied certiorari in a case brought by current and former employees of the Michigan Department of Environmental Quality (MDEQ) who contended that a lower court erred when it held that some employees and the city of Flint, Mich., are not entitled to immunity in the litigation pertaining to the lead-contaminated water crisis in that city (Stephen Busch, et al. v. Shari Guertin, et al., No. 19-350, and City of Flint, et al. v. Shari Guertin, et al., No. 19-205, U.S. Sup. [consolidated]). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-21%20Mealey%27s%20Emerg.%20Toxic%20Torts%202%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Jan. 29 delayed the filing of briefs in the appeal of an $80,267,644.10 glyphosate cancer verdict related to the herbicide Roundup to allow for the attorneys in the case to also fulfill their responsibilities in the separate multidistrict litigation for Roundup products liability litigation (Edwin Hardeman v. Monsanto Company, Nos. 19-16636 and 19-16255, 9th Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-21%20Mealey%27s%20Emerg.%20Toxic%20Torts%203%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' MARTINEZ, Calif. - A California state court judge on Jan. 24 denied Monsanto Co.'s motion for summary judgment on preemption in a glyphosate cancer trial and ruled that no experts for the plaintiff or the defendant should be excluded from providing testimony (Kathleen Caballero v. Monsanto Company, No. MSC19-01821, Calif. Super., Contra Costa Co.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-21%20Mealey%27s%20Emerg.%20Toxic%20Torts%204%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - A California appellate panel on Jan. 21 issued a docket entry order in which it asked for additional briefing from a glyphosate cancer victim and Monsanto Co., the maker of the herbicide Roundup, regarding the company's argument that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts the lawsuit in the first place (DeWayne Johnson v. Monsanto Company, Nos. A155940 and A156706, Calif. App., 1st Dist.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-21%20Mealey%27s%20Emerg.%20Toxic%20Torts%205%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' ST. LOUIS - The Missouri state court judge presiding over the first glyphosate cancer trial against Monsanto Co. to be held outside of California on Jan. 24 issued an indefinite continuance of the proceedings, which that were slated to start that day, and Bayer Corp., Monsanto's parent company, issued a statement the same day saying the postponement of the trial was "to provide room for the parties to continue the mediation process in good faith" (Christopher Wade v. Monsanto Company, No. 1722CC-00370, Mo. Cir., 22nd Jud. Cir., St. Louis). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-21%20Mealey%27s%20Emerg.%20Toxic%20Torts%206%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' LOS ANGELES - A federal judge in California on Jan. 21 denied Home Depot U.S.A. Inc.'s motion to dismiss a lawsuit brought against the company related to the sale of the herbicide Roundup, which contains the active ingredient glyphosate. The judge said that when Home Depot filed its brief supporting dismissal, it improperly referenced materials outside the pleadings (James Weeks v. Home Depot U.S.A. Inc., No. 19-6780, C.D. Calif.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-21%20Mealey%27s%20Emerg.%20Toxic%20Torts%207%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' BUFFALO, N.Y. - A New York cancer victim on Jan. 30 sued Monsanto Co. in New York federal court, seeking damages for the company's "negligent and wrongful conduct" related to the marketing and sale of the herbicide Roundup, which contains the active ingredient glyphosate. She says Monsanto knew that Roundup was "defective" and "dangerous to human health" (Barbara Rieman v. Monsanto Company, No. 20-117, W.D. N.Y.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-21%20Mealey%27s%20Emerg.%20Toxic%20Torts%208%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' WASHINGTON, D.C. - The U.S. Environmental Protection Agency on Jan. 22 issued an interim registration review decision for glyphosate and its various salt forms in which the agency said it did not identify any human health risks from exposure to glyphosate, although there is a "potential ecological risk" to mammals and birds. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-21%20Mealey%27s%20Emerg.%20Toxic%20Torts%209%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' CINCINNATI - A panel of the Sixth Circuit U.S. Court of Appeals on Jan. 17 denied E.I. du Pont de Nemours & Co.'s petition for a writ of mandamus in the multidistrict litigation related to injuries from perfluorooctanoic acid (known as C8) contamination in groundwater, ruling that DuPont failed to allege "unusual, unreasonable, or irreparable damage" due to the MDL court's ruling that prevented it from relitigating issues that were dealt with in three prior bellwether trials (In re: E.I. du Pont de Nemours and Co. C8 Personal Injury Litigation, 19-4226, 6th Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-21%20Mealey%27s%20Emerg.%20Toxic%20Torts%2010%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' COLUMBUS, Ohio - A federal judge in Ohio on Jan. 19 denied a motion by E.I. du Pont de Nemours & Co. that sought to exclude expert opinions related to corporate conduct in the multidistrict litigation related to injuries from exposure to perfluorooctanoic acid (known as C8) (In re: E.I. du Pont de Nemours and Co. C8 Personal Injury Litigation, MDL No. 2433, No. 13-2433, S.D. Ohio). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-21%20Mealey%27s%20Emerg.%20Toxic%20Torts%2011%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - The U.S. government on Jan. 21 filed a brief in the Second Circuit U.S. Court of Appeals contending that a district court did not commit clear error by finding that attorney Steven R. Donziger, who won an $18.5 billion judgment against Chevron Corp. in a court in Ecuador for injuries only to have it reversed, poses a flight risk and that home detention and electronic monitoring are warranted (United States v. Donziger, No. 19-4155, 2nd Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-21%20Mealey%27s%20Emerg.%20Toxic%20Torts%2012%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - The attorney for Steven R. Donziger, the attorney who won an $18.5 billion judgment against Chevron Corp. in a court in Ecuador for injuries only to have it reversed, on Jan. 20 sent a letter to the New York federal judge presiding over the government's criminal case against Donziger stating that he intends to move to disqualify the prosecuting law firm (United States v. Donziger, No. 19-561, S.D. N.Y.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-21%20Mealey%27s%20Emerg.%20Toxic%20Torts%2013%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' ANN ARBOR, Mich. - A group of Flint, Mich., residents on Jan. 23 filed a short-form complaint as part of the ongoing litigation pending over the lead-contaminated water crisis in that city, contending that former Gov. Rick Snyder and others are liable for bodily injury from lead poisoning (Queenie Anderson, et al. v. Flint, et al. [In re Flint Water Cases], No. 20-10171, 16-10444, E.D. Mich.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-21%20Mealey%27s%20Emerg.%20Toxic%20Torts%2014%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' ANN ARBOR, Mich. - A federal judge in Michigan on Jan. 25 granted a protective order to prohibit the deposition testimony of one of the defendants in the litigation pertaining to the lead-contaminated water crisis in Flint, Mich., and ordered a committee to finalize a plan for a pool of bellwether cases to go to trial (In re Flint Water Cases, No. 16-10444, E.D. Mich.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-21%20Mealey%27s%20Emerg.%20Toxic%20Torts%2015%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' CIRCLEVILLE, Ohio - An Ohio appellate panel on Jan. 16 dismissed an appeal filed by a water association that sought to intervene in a perfluorooctanoic acid (PFOA) groundwater contamination case brought by the state of Ohio against E.I. du Pont de Nemours & Co., concluding that the order that denied the right to intervene was not final and appealable (State ex rel. Michael DeWine Attorney General of Ohio v. E.I. DuPont de Nemours & Co., No. 19CA15, Ohio App., 4th Dist., Washington Co., 2020 Ohio App. LEXIS 174). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-21%20Mealey%27s%20Emerg.%20Toxic%20Torts%2016%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' LOS ANGELES - A Delta Airlines pilot negligently dumped a large amount of toxic jet fuel on students and teachers on an elementary school playground, four teachers allege in a complaint filed Jan. 17 in a California state court (Lisette Barajas, et al. v. Delta Airlines Inc., et al., No. 20STCV02116, Calif. Super., Los Angeles Co.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-21%20Mealey%27s%20Emerg.%20Toxic%20Torts%2017%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' GEORGETOWN, Del. - A Delaware state court judge on Jan. 30 denied a motion to dismiss a lawsuit against a chicken processing plant that a couple says has contaminated the local groundwater with wastewater, ruling that state's environmental control act applies to the situation at hand (Gary and Anna-Marie Cuppels, et al. v. Mountaire Corporation, et al., No. S18C-06-009 ESB, Del. Super., Sussex Co.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-21%20Mealey%27s%20Emerg.%20Toxic%20Torts%2018%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' PHILADELPHIA - The School District of Philadelphia on Jan. 17 filed a demand in Pennsylvania federal court for a jury trial in a lawsuit brought by a family that contends that the district is liable for creating a public health crisis by failing to properly inspect an elementary school for toxic lead-based paint (D.P., a minor by his parents and natural guardians v. School District of Philadelphia, No. 19-5799, E.D. Pa.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-20%20Mealey%27s%20Emerg.%20Toxic%20Torts%201%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' WASHINGTON, D.C. - Current and former employees of the Michigan Department of Environmental Quality (MDEQ) on Jan. 7 filed a reply brief in the U.S. Supreme Court contending that a lower court's "erroneous" ruling impacts many cases involving the Flint water crisis and that the residents who opposed certiorari "offer no compelling reason why this case should not be reviewed now" (Stephen Busch, et al. v. Shari Guertin, et al., No. 19-350, U.S. Sup.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-20%20Mealey%27s%20Emerg.%20Toxic%20Torts%202%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' ANN ARBOR, Mich. - The Michigan attorney general on Jan. 14 sued 3M Co., E.I. du Pont de Nemours & Co. and others in state court, seeking punitive damages to "hold some of the largest chemical companies in the world accountable for their culpable conduct" related to contamination from perfluoroalkyl and polyfluoroalkyl (PFAS) substances throughout the state (Attorney General Dana Nessel v. 3M Company, et al., No. N/A, Mich. Cir., 22nd Cir., Washtenaw Co.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-20%20Mealey%27s%20Emerg.%20Toxic%20Torts%203%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' WASHINGTON, D.C. - The U.S. House of Representatives on Jan. 10 voted 247-159 in favor of a measure that would require perfluoroalkyl and polyfluoroalkyl (PFAS) substances to be listed as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-20%20Mealey%27s%20Emerg.%20Toxic%20Torts%204%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' MARTINEZ, Calif. - Monsanto Co. filed a brief in support of summary judgment dismissal in California state court on Jan. 15, just two days before the trial was slated to begin, arguing that a woman's glyphosate cancer lawsuit is barred by the express preemption clause in the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) (Kathleen Caballero v. Monsanto Company, et al., No. MSC19-01821, Calif. Super., Contra Costa Co.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-20%20Mealey%27s%20Emerg.%20Toxic%20Torts%205%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' BROOKLYN, N.Y. - A cancer victim on Dec. 30 sued Monsanto Co. in New York federal court contending that its fraudulent marketing of the herbicide Roundup, which contains the active ingredient glyphosate, is responsible for his injury (Brian Short v. Monsanto Co., No. 19-7286, E.D. N.Y.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-20%20Mealey%27s%20Emerg.%20Toxic%20Torts%206%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - A Minnesota man sued Monsanto Co. on Jan. 13 in the Roundup Products Liability multidistrict litigation in California federal court, seeking damages for negligent and wrongful conduct related to the company's promotion and marketing of the herbicide Roundup, which contains the active ingredient glyphosate (In re: Roundup Products Liability Litigation [David Bayerl v. Monsanto Co.], MDL No. 2741, No. 20-270, N.D. Calif.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-20%20Mealey%27s%20Emerg.%20Toxic%20Torts%207%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' COLUMBUS, Ohio - Two plaintiffs in the multidistrict litigation against E.I. du Pont de Nemours & Co. for injuries related to perfluorooctanoic acid (known as C8) on Jan. 13 moved in Ohio federal court to preclude the admission of evidence related to DuPont's settlement payments to other plaintiffs (In re: E.I. du Pont de Nemours and Co. C8 Personal Injury Litigation, MDL No. 2433, No. 13-2433, S.D. Ohio). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-20%20Mealey%27s%20Emerg.%20Toxic%20Torts%208%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - Steven R. Donziger, the attorney who won an $18.5 billion judgment against Chevron Corp. in a court in Ecuador for injuries only to have it reversed, on Jan. 9 filed an application in the Second Circuit U.S. Court of Appeals seeking the elimination of his home confinement and an expedited hearing, contending that he presents "absolutely no risk of flight" (United States of America v. Donziger, No. 19-4155, 2nd Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-20%20Mealey%27s%20Emerg.%20Toxic%20Torts%209%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' PHILADELPHIA - A federal judge in Pennsylvania on Jan. 15 ruled that perfluorooctane sulfonate (PFOS) and pefluorooctanic acid (PFOA), which are two types of perfluorinated compounds (PFCs), are not hazardous substances under Pennsylvania's Hazardous Sites Cleanup Act (HSCA); therefore, the U.S. Department of the Navy is not liable for remediation of local residents' groundwater contamination (Kristen Giovanni, et al. v. U.S. Department of the Navy, No. 16-4873, Dorothy Palmer, et al. v. U.S. Department of the Navy, No. 17-765, E.D. Pa.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-20%20Mealey%27s%20Emerg.%20Toxic%20Torts%2010%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' GEORGETOWN, Del. - A Delaware couple on Jan. 13 filed a brief in state court contending that it should certify a class of plaintiffs who have sued a chicken processing plant that the couple says has contaminated the local groundwater with wastewater (Gary and Anna-Marie Cuppels, et al. v. Mountaire Corporation, et al., No. S18C-06-009 ESB, Del. Super., Sussex Co.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-20%20Mealey%27s%20Emerg.%20Toxic%20Torts%2011%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' WASHINGTON, D.C. - The Center for Biological Diversity (CBD) and other environmental groups sued the U.S. Army Corps of Engineers in District of Columbia District Court on Jan. 15 seeking declaratory and injunctive relief related to the Corps' decision to issue federal permits for the construction of a plastics facility in Louisiana, contending that it will damage groundwater and have other detrimental effects on the environment (Center for Biological Diversity, et al v. U.S. Army Corps of Engineers, et al., No. 20-103, D. D.C.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-20%20Mealey%27s%20Emerg.%20Toxic%20Torts%2012%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW HAVEN, Conn. - A lead-paint poisoning plaintiff on Jan. 9 moved jointly with the city of New Haven in Connecticut state court seeking an extension of time for the plaintiff to reply to the city's motion to dismiss in order to review the case and explore the possibility of a settlement (Nichelle Hobby, et al. v. City of New Haven, No. NHH-CV-19-5003875-S, Conn. Super., New Haven Jud. Dist.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-20%20Mealey%27s%20Emerg.%20Toxic%20Torts%2013%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' CHICAGO - A trial court erred in granting judgment in favor of a commercial general liability insurer because an underlying complaint filed against the insured seeking damages for lead paint dust contamination alleges an occurrence and constitutes property damage for which coverage is afforded, the an Illinois appellate panel said Dec. 31 (Owners Insurance Co. v. Precision Painting & Decorating Corp., No. 1-19-0926, Ill. App., 1st Dist., Div. 3, 2019 Ill. App. Unpub. LEXIS 2425). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-19%20Mealey%27s%20Emerg.%20Toxic%20Torts%201%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' WASHINGTON, D.C. - Residents of the city of Flint, Mich., on Dec. 16 filed a brief in the U.S. Supreme Court contending that it should deny a petition for certiorari filed by current and former employees of the Michigan Department of Environmental Quality (MDEQ) who contend that they are entitled to immunity in the Flint lead-contaminated water crisis litigation (Stephen Busch, et al. v. Shari Guertin, et al., No. 19-350, U.S. Sup.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-19%20Mealey%27s%20Emerg.%20Toxic%20Torts%202%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - The U.S. government on Dec. 20 filed an amicus curiae brief in the Ninth Circuit U.S. Court of Appeals in support of Monsanto Co.'s appeal of a glyphosate cancer verdict, contending that the plaintiff's claims of failure to warn regarding Monsanto's labeling of the herbicide Roundup, which contains the active ingredient glyphosate, are preempted by federal law (Edwin Hardeman v. Monsanto Company, No. 19-16636, 9th Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-19%20Mealey%27s%20Emerg.%20Toxic%20Torts%203%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - The Monsanto Co. on Dec. 13 filed a brief in the Ninth Circuit U.S. Court of Appeals, arguing that a lower court erred in a trial about the herbicide Roundup when it admitted into evidence the conclusion reached by the International Agency for Research Cancer (IARC) that glyphosate, the active ingredient in Roundup, is carcinogenic (Edwin Hardeman v. Monsanto Company, No. 19-16636, 9th Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-19%20Mealey%27s%20Emerg.%20Toxic%20Torts%204%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - An attorney on Dec. 18 filed a brief in the Ninth Circuit U.S. Court of Appeals, arguing that a lower court judge abused his discretion when he sanctioned her during a glyphosate cancer trial in which her client won $80,267,644.10 against Monsanto Co. The verdict was later reduced, and the plaintiff appealed to the Ninth Circuit (Edwin Hardeman v. Monsanto Company, Nos. 196253 and 19-16255, 9th Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-19%20Mealey%27s%20Emerg.%20Toxic%20Torts%205%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - A Texas woman who sued Monsanto Co. alleging that its fraudulent concealment of the health risks associated with the herbicide Roundup, which contains glyphosate, led to her exposure and eventual cancer had her case transferred to the multidistrict litigation for Roundup Products Liability Litigation in California federal court (Emma Ronay v. Monsanto Company, No. 19-7930, MDL 2741, N.D. Calif.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-19%20Mealey%27s%20Emerg.%20Toxic%20Torts%206%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - A federal judge in California on Dec. 17 issued an order remanding a glyphosate cancer lawsuit against Monsanto Co. to California state court, despite the company's contention that the state defendants named in the complaint had been fraudulently joined (Victor Berliant, et al. v. Monsanto Company, et al., No. 19-7189, N.D. Calif.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-19%20Mealey%27s%20Emerg.%20Toxic%20Torts%207%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' CHARLOTTESVILLE, Va. - The U.S. government on Dec. 16 filed a criminal complaint in Virginia federal court against an attorney it claims engaged in interstate communication with parties from whom he intended to extort money under the guise of providing consulting services related to litigation involving the herbicide Roundup, which contains the active ingredient glyphosate (United States of America v. Timothy Litzenburg, No. 19-69, W.D. Va.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-19%20Mealey%27s%20Emerg.%20Toxic%20Torts%208%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' LOS ANGELES - Home Depot U.S.A. Inc. on Dec. 13 filed a brief in California federal court arguing that it should dismiss a lawsuit brought against the company related to the sale of the herbicide Roundup, which contains the active ingredient glyphosate, because the case is preempted by the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) (James Weeks v. Home Depot U.S.A. Inc., No. 19-6780, C.D. Calif.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-19%20Mealey%27s%20Emerg.%20Toxic%20Torts%209%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' ANN ARBOR, Mich. - Plaintiffs in the litigation pertaining to the lead-contaminated water crisis in Flint, Mich., on Dec. 30 filed a brief in Michigan federal court contending that the district court should deny a motion filed by defendants who seek additional time for their own depositions and a reduction in time allotted for the plaintiffs. The plaintiffs contend that the defendants cite no evidence in support of their motion (In re Flint Water Cases, No. 16-10444, E.D. Mich.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-19%20Mealey%27s%20Emerg.%20Toxic%20Torts%2010%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - Steve R. Donziger, the attorney who won an $18.5 billion judgment against Chevron Corp. in a court in Ecuador for injuries only to have it reversed, on Dec. 12 filed notices of appeal in the Second Circuit U.S. Court of Appeals in two separate but related cases pertaining to the judgment (Chevron Corporation v. Steven Donziger, No. 19-4091; United States of America v. Donziger, No. 19-4155, 2nd Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-19%20Mealey%27s%20Emerg.%20Toxic%20Torts%2011%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' WILMINGTON, Del. - A Delaware state court judge on Dec. 18 issued a partial bench ruling in which he stayed discovery in a lawsuit brought by the Chemours Co., a spinoff company of E.I. du Pont de Nemours & Co., which contends that DowDuPont seeks to "avoid accountability for environmental costs through a campaign of transactional engineering" related to litigation brought against it for injuries allegedly caused by exposure to perfluorooctanoic acid (PFOA), also called C8. Vice Chancellor Sam Glasscock III did not elaborate on the reason for his decision (The Chemours Company v. DowDuPont Inc., No. 2019-0351, Del. Chanc.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-19%20Mealey%27s%20Emerg.%20Toxic%20Torts%2012%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' CHARLESTON, W.Va. - The West Virginia Supreme Court of Appeals on Dec. 20 affirmed a lower court and ruled that a man did not have a legal malpractice case against attorneys he says failed to properly represent him by ensuring that he had opted out of a class action settlement pertaining to groundwater contamination claims (Richard Gravely v. Anthony J. Majestro, et al., No. 19-30, W. Va. Sup., 2019 W.Va. LEXIS 661). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-19%20Mealey%27s%20Emerg.%20Toxic%20Torts%2013%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' TALLAHASSEE, Fla. - The Florida Supreme Court on Dec. 19 reinstated a $5,211,500 award to a man who sought personal injury damages for chemical exposure using a state statute typically applied to chemical damage from pollution to local waterways. The Supreme Court said the definition of "all damages" in the statute covered his injuries (Charles L. Lieupo v. Simon's Trucking Inc., No. 18-657, Fla. Sup.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-19%20Mealey%27s%20Emerg.%20Toxic%20Torts%2014%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' FORT WAYNE, Ind. - Residents of a housing complex that was built on property that was later designated a Superfund site cannot seek to recover costs for the investigation of lead and arsenic contamination and relocation to temporary housing under the Comprehensive Environmental Response, Compensation, and Liability Act, a federal judge in Indiana ruled Dec. 16 in granting a motion for partial summary judgment filed by E.I. du Pont de Nemours and Co. and The Chemours Co., finding that the plaintiffs were required to pay their attorney for the investigative costs pursuant to a retainer agreement and that the U.S. Environmental Protection Agency agreed to pay for temporary housing (Lerithea Rolan, et al. v. Atlantic Richfield Co., et al., No. 16-cv-357, N.D. Ind., 2019 U.S. Dist. LEXIS 216744). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-19%20Mealey%27s%20Emerg.%20Toxic%20Torts%2015%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' PHILADELPHIA - The U.S. Department of the Navy's request for a six-month stay of a consolidated lawsuit pending a determination from the federal government and the commonwealth of Pennsylvania as to whether perfluorooctane sulfonate (PFOS) and pefluorooctanic acid (PFOA) are hazardous substances was denied by a federal judge in Pennsylvania on Dec. 16 after he found that the interests of the plaintiffs outweigh those of the Navy (Kristen Giovanni, et al. v. U.S. Department of the Navy, No. 16-4873, Dorothy Palmer, et al. v. U.S. Department of the Navy, No. 17-765, E.D. Pa., 2019 U.S. Dist. LEXIS 215446). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-19%20Mealey%27s%20Emerg.%20Toxic%20Torts%2016%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' ALBANY, N.Y. - A federal judge in New York on Jan. 2 ordered jurisdictional discovery in a consolidated groundwater lawsuit related to perfluorooctanoic acid (PFOA) contamination, ruling that although the district court lacked general or alter-ego jurisdiction, Saint-Gobain Corp. may be subject to personal jurisdiction (In re: Hoosick Falls PFOA Cases, No. 19-220, N.D. N.Y.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-19%20Mealey%27s%20Emerg.%20Toxic%20Torts%2017%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' CONCORD, N.H. - A New Hampshire state court judge on Nov. 26 granted a preliminary injunction to a water and sewer agency regarding rules it promulgated for the levels of various per- and poly-fluoroalkyl substances in drinking water but stayed implementation of the order to allow for either party in the lawsuit to appeal the ruling (Plymouth Village Water & Sewer District, et al. v. Robert R. Scott, No. 217-2019-CV-00650, N.H. Super., Merrimack Co., 2019 N.H. Super. LEXIS 18). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-19%20Mealey%27s%20Emerg.%20Toxic%20Torts%2018%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on Dec. 17 reinstated a man's citizen suit accusing a local sanitary district of violating the Clean Water Act (CWA) by failing to create a management plan for discharges of pesticide used to control mosquitoes, holding that his notice of intent to sue was sufficient because it listed the date of violation as the month the district's National Pollutant Discharge Elimination System (NPDES) permit became effective (Matt Cooper v. Toledo Area Sanitary District, No. 19-3216, 6th Cir., 2019 U.S. App. LEXIS 37235).