Mealey's Toxic Torts

  • August 03, 2026

    3rd Round Of Dismissal Motions Denied In PFAS Firefighter Gear Class Suit

    BUTTE, Mont. — A federal judge in Montana denied without prejudice the third round of dismissal motions filed by companies accused of conspiring to conceal known dangers of per- and polyfluoroalkyl substances (PFAS) in protective gear for firefighters in a second amended putative class complaint by various municipalities across the United States.

  • August 03, 2026

    11th Circuit: Federal Jurisdiction Wrongly Rejected In River Contamination Suit

    ATLANTA — A trial court wrongly rejected 3M Co.’s alleged facts supporting removal of an Alabama town’s lawsuit over per- and poly-fluoroalkyl substances (PFAS) contamination of the Alabama River to federal court under the federal officer removal statute, an 11th Circuit U.S. Court of Appeals panel ruled, vacating the trial court’s remand order; however, the panel split 2-1 on the path to reach that decision.

  • July 31, 2026

    7th Circuit Rejects Fraudulent Joinder, Remands Some Pa. Baby Formula MDL Cases

    CHICAGO — A Seventh Circuit U.S. Court of Appeals panel reversed, in an interlocutory appeal, an Illinois federal judge’s ruling denying remand back to state court “a small subsection of several hundred similar cases” that are part of multidistrict litigation filed against the manufacturers of infant formula that allegedly caused preterm infants to develop necrotizing enterocolitis (NEC), finding that the plaintiffs’ alleged lack of intent to pursue claims against a nondiverse defendant was “not an appropriate basis upon which to predicate a determination of fraudulent joinder.”

  • July 31, 2026

    Train Derailment Class Members Tell 6th Circuit Fraud Was Found After Settlement

    CINCINNATI — More than 190 class members who opted into the personal injury payment portion of a settlement reached in a case over a chemical release that occurred after a train derailed in Ohio in February 2023 filed an appellant brief in the Sixth Circuit U.S. Court of Appeals, arguing that while the $600 million settlement doesn’t need to be reweighed, the trial court committed six legal errors when it denied their motions for relief from the personal injury payment releases after they discovered what they say is new evidence of fraud and misconduct by class counsel.

  • July 30, 2026

    11th Circuit Affirms Exclusion Of General Causation Experts In Toxic Exposure Cases

    ATLANTA — The 11th Circuit U.S. Court of Appeals agreed with a lower court in finding that general causation experts in related environmental contamination cases did not reliably apply their methodologies in concluding that toxic waste caused various neurological conditions and affirmed the experts’ exclusion and the summary judgment in two cases that were consolidated on appeal.

  • July 30, 2026

    Judge Keeps Monsanto’s Indemnification Suit Against GE, Others In Federal Court

    ST. LOUIS — A Missouri federal judge denied 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), agreeing with General Electric Co. (GE) and other defendant entities that they acted under federal direction and that federal officer removal jurisdiction applies.

  • July 30, 2026

    Insurers Say Pollution Exclusions Bar Coverage For Water Contamination Suit

    CINCINNATI — No coverage is afforded for an underlying water contamination suit filed against an insured because coverage is barred by the pollution exclusions included in primary and excess insurance policies, the insurers maintain in a suit filed in Ohio federal court.

  • July 30, 2026

    Trial Rulings In Contamination Case Explained After Lockheed Verdict Appealed

    ORLANDO, Fla. — A federal judge in Florida issued an omnibus order explaining and memorializing three rulings made during a jury trial that ended in a verdict for Lockheed Martin Corp. on claims that contaminants from an Orlando facility resulted in three children’s birth defects and developmental delays.

  • July 29, 2026

    7th Circuit Affirms Judgment Dismissing 1st Bellwether Case In Baby Formula MDL

    CHICAGO — A woman who alleges that her infant daughter developed necrotizing enterocolitis (NEC) after consuming cow’s milk-based-infant formula (CMBF) manufactured by Abbott Laboratories Inc. before dying did not show that an alternative warning label would have prevented her child’s death, the Seventh Circuit U.S. Court of Appeals held in affirming a grant of summary judgment for the manufacturer in the first bellwether case in multidistrict litigation pending in Illinois.

  • July 29, 2026

    Settlement Conference Set After Judge Allows Seaman’s Toxic Fumes Claims To Proceed

    NEW ORLEANS — A Louisiana federal judge directed a seaman alleging serious health conditions and the owner of the vessel on which he was injured to meet for a settlement conference after granting the vessel owner’s motion for partial summary judgment as to the seaman’s claims for maintenance and cure benefits as to his pulmonological injuries but denying its motion for summary judgment as to causation of his neurological injuries, as to which the judge found material disputes of fact remain.

  • July 29, 2026

    Magistrate Judge Recused In Exxon Suit Over Wife's Representation In Similar Case

    BATON ROUGE, La. — A federal judge in Louisiana recused a magistrate judge overseeing a lawsuit filed by a group of residents and property owners of a Baton Rouge-area subdivision against two Exxon entities over property damages and injuries allegedly caused by hazardous waste contamination because the magistrate judge’s wife represents the defendants in a similar case involving overlapping issues that is pending before another section of the court.

  • July 29, 2026

    Claims Dismissed After Insured Settles With 1 Insurer In PFAS Coverage Suit

    SAN FRANCISCO — A California federal magistrate judge dismissed an insured’s counterclaims for breach of contract and bad faith against an insurer and dismissed the insurer’s cross-claim for declaratory judgment against the insured after the parties agreed to settle their dispute over insurance coverage for underlying suits related to exposure to per- and polyfluoroalkyl substances (PFAS) allegedly contained in aqueous film-forming foams (AFFF) that were manufactured and sold by the insured.

  • July 27, 2026

    Putative Class: Warehouse Owner, Others Liable For Toxic Plume Near Los Angeles

    LOS ANGELES — A resident filed a putative class action complaint in California state court against the owners and operators of a refrigerated warehouse and companies responsible for a solar array on its roof, arguing that they are liable after a fire released a toxic plume of anhydrous ammonia, caused small explosions and forced local residents to evacuate their homes.

  • July 27, 2026

    Judge OKs Settlements For 863 Plaintiffs In Pearl Harbor Jet Fuel Pollution Cases

    HONOLULU — In another round of settlements in two consolidated lawsuits related to groundwater contamination from a jet fuel spill at the Pearl Harbor Naval Base, a federal judge in Hawaii approved two settlements between the U.S. government and 586 adults and 277 minors, while the parties stipulated to the dismissal with prejudice of another 834 plaintiffs.

  • July 21, 2026

    Appeal Not Warranted Based On Ruling In Similar Silica Suit, Insured Says

    LOS ANGELES — In support of its argument that an interlocutory appeal is not warranted in a silica exposure coverage dispute, an insured filed a notice of supplemental authority, asking a California federal judge to take notice of a recent decision in a similar silica exposure coverage suit in which a judge denied an insurer’s motion for certification of interlocutory appeal.

  • July 21, 2026

    Abstention Not Justified In Silica Coverage Suit, Virginia Federal Judge Says

    NORFOLK, Va. — A Virginia federal judge found that while the incorrect abstention doctrine was initially applied to determine whether federal jurisdiction is proper, it is still appropriate to exercise jurisdiction over the insurer’s suit, which seeks a declaration as to whether it owes coverage for underlying silica exposure suits filed against the insured.

  • July 20, 2026

    1st Circuit Reverses Remand Of PCB Suit, Orders Review Of Colorable Federal Defense

    BOSTON — Ruling that General Electric Co. (GE) had “carried its burden to satisfy both the ‘acting under’ and ‘for or relating to’ elements of the federal officer removal statute,” a panel of the First Circuit U.S. Court of Appeals reversed a lower court’s decision that remanded a polychlorinated biphenyls (PCBs) injury lawsuit to Massachusetts state court and remanded the case to federal district court to determine whether GE has set forth a “colorable federal defense” related to its manufacture and disposal of PCBs.

  • July 20, 2026

    Lawsuit Alleges Landlords Are Liable For Providing Housing Containing Mold, Lead

    SAN ANTONIO — A U.S. Air Force lieutenant colonel and his family sued the operators of privatized housing at Randolph Air Force Base in Texas federal court, alleging that they leased the family residences with mold, lead-based paint, structural deficiencies and other hazardous conditions while concealing the problems and making false representations about the homes' habitability.

  • July 17, 2026

    Subpoena Against EPA Cannot Be Enforced In Ethylene Oxide Case, Judge Says

    PHILADELPHIA — Ruling that neither the district court nor a state court has jurisdiction to enforce a subpoena against the U.S. Environmental Protection Agency because sovereign immunity had not been waived, a Pennsylvania federal judge refused to compel the EPA to respond to document requests made in a lawsuit over alleged injury from exposure to ethylene oxide (EtO), and the judge remanded the case to state court for further proceedings.

  • July 17, 2026

    Companies Polluted Water, Misled Public About Gasoline Leak, Residents Say

    PHILADELPHIA — Residents filed a putative class action complaint in Pennsylvania state court alleging that an energy company and its affiliate contaminated local groundwater with toxins when a storage tank they operate leaked gasoline and petroleum products into the environment and that the defendants concealed information about the leak from regulators and the public.

  • July 16, 2026

    Miners, Government Dismiss Case Over NIOSH Staff Cuts Related To Black Lung Care

    CHARLESTON, W.Va. — Coal miners with black lung and Secretary of Health and Human Services Robert F. Kennedy Jr. filed a joint stipulation of dismissal with prejudice in West Virginia federal court, ending the miners’ putative class action lawsuit that had alleged that Kennedy violated federal law when he terminated the majority of staff at the National Institute for Occupational Safety and Health (NIOSH) Respiratory Health Division in Morgantown, W.Va.

  • July 15, 2026

    Ga. Federal Judge Lets Most PFAS Claims Proceed In Groundwater Contamination Suit

    ROME, Ga. — A federal judge in Georgia denied the bulk of a series of summary judgment motions filed by several chemical manufacturers in a lawsuit brought by Summerville, Ga., water and sewer subscribers and ratepayers over the manufacturers’ alleged roles in contaminating the groundwater with toxic per- and polyfluoroalkyl substances (PFAS), allowing most of the claims to proceed to trial.

  • July 08, 2026

    Appeal Of Order On Silica Exclusion Not Warranted, Federal Judge Says

    LOS ANGELES — A California federal judge denied an insurer’s motion for certification for an interlocutory appeal of an order in which the judge found that silica and total pollution exclusions do not bar coverage for underlying silica bodily injury suits filed against an insured after determining that the insurer failed to show that the order presents substantial grounds for a difference of opinion.

  • July 08, 2026

    Judge OKs Special Master, Fund For Settlement In Lead Smelter Injury Case

    ST. LOUIS — A federal judge in Missouri has issued orders appointing a special master and establishing a qualified settlement fund to administer a settlement reached between Doe Run Resources Corp. and its affiliates, and Catholic clergywomen and Peruvian children in a long-running lawsuit over allegations of injuries from a lead smelter Doe Run and its affiliates operated in Peru.

  • July 06, 2026

    6th Circuit Affirms Severance, Remand Of PFAS Pollution Claims Against Airport

    CINCINNATI — The Sixth Circuit U.S. Court of Appeals ruled that a lower court did not abuse its discretion when it severed and remanded to state court Michigan’s claims against the Gerald R. Ford International Airport Authority (GFIAA) related to groundwater contamination from per- and polyfluoroalkyl substances (PFAS) because the court “identified the relevant statutory grounds, tied them to its severance analysis, and relied on the unusual posture of a once remanded state enforcement action returning to federal court through third-party removal.”