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Mealey's Toxic Torts

  • October 06, 2025

    15 States Urge High Court To Accept Review Of Jurisdictional Issue In PFAS Suit

    WASHINGTON, D.C. — The U.S. Supreme Court should grant certiorari to review an insured’s appeal of a Sixth Circuit U.S. Court of Appeals’ ruling that vacated a district court’s decision to remand a declaratory judgment claim and to retain jurisdiction over breach of contract and bad faith claims in a dispute over coverage for underlying per- and polyfluoroalkyl substances (PFAS) exposure suits because the issue is one that divides the circuits, Ohio and 14 other states say in an Oct. 3 amicus curiae brief.

  • October 06, 2025

    Ohio Says Norfolk Southern Is Strictly Liable For Train Derailment Injuries

    YOUNGSTOWN, Ohio — Ohio has moved in Ohio federal court for partial summary judgment that Norfolk Southern Corp. is strictly liable for discharging waste and toxins into the state’s air, land and water as a result of the train derailment that occurred in East Palestine, Ohio in 2023.  Separately, the state filed a response to Norfolk Southern’s motion for partial summary judgment, arguing that “the undisputed facts and applicable law are clear that Defendants are not entitled to summary judgment.”

  • October 06, 2025

    Supreme Court Refuses To Hear Companies’ Challenge To Paraquat Injury Ruling

    WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 6 refused to hear a case brought by chemical companies that sought review of a ruling in a product liability case related to exposure to the pesticide paraquat on grounds that 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.  The companies maintained that their case was “the necessary sequel to Mallory.”

  • October 02, 2025

    Government Says Minor Bellwether Plaintiffs Lack Jurisdiction In Flint Case

    ANN ARBOR, Mich. — The U.S. government has filed a brief in Michigan federal court arguing that it should dismiss the claims of three minor bellwether plaintiffs for lack of subject matter jurisdiction in the litigation over the lead-contaminated water crisis in Flint, Mich., because the claims do not satisfy the Federal Tort Claims Act (FTCA) requirement that a private person would be liable under Michigan’s Good Samaritan Doctrine.

  • October 02, 2025

    White House Council Issues NEPA Guidance To ‘Expedite’ Permitting Process

    WASHINGTON, D.C. — The White House Council on Environmental Quality (CEQ) has released guidance and a template for implementing the National Environmental Policy Act (NEPA), which aim to “expedite and simplify the permitting process” in keeping with President Donald J. Trump’s executive order titled “Unleashing American Energy.”  The guidance replaces previous guidance and takes into account the U.S. Supreme Court’s ruling in Seven County Infrastructure Coalition v. Eagle County.

  • October 02, 2025

    Ga. Federal Judge Grants, Denies Class Certification In Drinking Water PFAS Case

    ROME, Ga. — A federal judge in Georgia granted class certification to a group of Summerville, Ga., water and sewer subscribers and ratepayers as part of a proposed “Damages Class” for past rate increases caused by toxic per- and polyfluoroalkyl substances (PFAS) in their groundwater but denied certification for future increases and denied certification of a proposed “Injunction Class” in a lawsuit seeking damages for several chemical manufacturers’ involvement in the contamination.

  • October 01, 2025

    Judge Nixes PFAS Carpet Case Against 3M, DuPont, Says Allegations Not ‘Adequate’

    MINNEAPOLIS — A federal judge in Minnesota on Sept. 30 dismissed a class action against the 3M Co., E.I. du Pont de Nemours & Co. and DuPont affiliates, ruling that the complaint “does not include adequate factual allegations” that the plaintiffs’ injuries were connected to the defendants’ alleged awareness of the health risks posed by stain-repellent products containing per- and polyfluoroalkyl substances (PFAS) that the companies made and sold to carpet manufacturers and others.

  • October 01, 2025

    Judge Says PFAS Case Against Coca-Cola Fails For Lack Of Standing

    NEW YORK — A federal judge in New York has dismissed a lawsuit alleging that various fruit drinks made by the Coca-Cola Co. contain per- and polyfluoroalkyl substances (PFAS), ruling that the plaintiff lacks standing because he failed to establish that the products he submitted to a laboratory for independent testing were the actual physical products he had purchased.

  • October 01, 2025

    Hawaii Federal Judge Denies Summary Judgment To Navy In CWA Fuel Release Case

    HONOLULU — A federal judge in Hawaii opined in denying a motion for summary judgment filed by the U.S. Navy that a group of individuals and the environmental group they belong to have shown evidence that the Navy violated the Clean Water Act (CWA) through the ongoing discharge of hazardous substances into surrounding waters from an underground fuel storage facility in Honolulu as well as a likelihood of recurrence of prior violations.

  • 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.”