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Mo. Court Shaves $240M From Lead Smelter Injury Judgment

Law360, New York (June 18, 2014, 5:44 PM EDT) -- A Missouri appeals court on Tuesday cut down a $358 million judgment for 16 people who allegedly breathed toxic emissions from a lead smelter as children and suffered cognitive harm, relieving Fluor Corp. of $240 million in punitive damages but otherwise affirming the landmark verdict.

In a painstaking 166-page opinion, the Missouri Court of Appeals erased Fluor’s portion of the $320 million punitive damages award, saying it had been based on a flawed theory of “domination” over its corporate partners on a Herculaneum, Missouri-based smelter.

Fluor was still found liable for punitive damages, with the amount to be redetermined in the...

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