Civil Procedure Environmental Toxic Torts

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Eighth Circuit Reverses Class Certification in Vapor Intrusion Litigation

On May 20, 2016, the U.S. Court of Appeals for the Eighth Circuit reversed class certification in a case involving residential vapor intrusion claims, in Ebert et al. v. General Mills, Inc., No. 15-1735 (8th Cir. May 20,...more

8th Circuit Court Finds Class Action Inappropriate to Resolve Neighborhood Claims for Damages Arising From Environmental...

Seyfarth Synopsis: The Eighth Circuit found that a class action could not be sustained in an environmental pollution case because “the class lacks the requisite commonality and cohesiveness to satisfy Rule 23.”...more

Pennsylvania Federal Court Dismisses Untimely Medical Monitoring Class Claim

In a decision that may make it more difficult to sustain medical monitoring claims in Pennsylvania, a federal district court dismissed as untimely a putative class action alleging workplace chemical exposure. Blanyar v....more

D.C. Water Utility Sheds Negligence, Consumer Protection Claims in Lead-in-Water Litigation

In a decision that may have implications in other cases related to alleged lead in drinking water, a District of Columbia trial court dismissed negligence and consumer protection claims against the District’s water utility,...more

Expert’s Specific Causation Methodology Unreliable in Leukemia Row

In a case underscoring the importance of reliable methodologies in expert testimony, the U.S. Court of Appeals for the First Circuit upheld a trial court decision excluding specific causation testimony linking benzene...more

Toxic Tort and Environmental Litigation: Discharger of Petroleum Not Able to Maintain Suit Against Another Discharger (5/16)

Under Navigation Law § 181, a party injured by the intentional or inadvertent discharge of petroleum products may bring a claim for damages against the party responsible for the discharge. But what if the injured party also...more

More Legal Action in the Wake of Flint Water Crisis

We blogged about the Flint water crisis when class action lawsuits were filed earlier this year. The crisis began when Flint switched its water supply from Lake Huron via Detroit’s water system to the Flint River in April...more

Something in the Water: Flint Judge Disqualifies Himself and Staff as Theoretical Plaintiffs

In late April, U.S. District Court Judge Mark A. Goldsmith, in Concerned Pastors for Social Action, et al. v. Nick A. Kouri, et al., FlintRiverissued an interesting Order Regarding Disqualification. During an April 6, 2016...more

Texas Court of Appeals Issues Important State Superfund Order

In a “case of first impression,” U.S. Court of Appeals for the Third Circuit,texascapitol sitting in Austin, in TCEQ v. Exxon Mobil Corporation, et al., issued an important decision interpreting the scope of the Texas Solid...more

4th Circuit Revisits N.C.’s Statute of Repose; No Bar to Hazardous Waste-Related Personal Injury Claims

Twice, courts have been called upon to interpret North Carolina’s 10-year statute of repose in connection with injuries allegedly stemming from the release of hazardous substances. CTS Corporation v. Waldburger involved CTS’s...more

Tenth Circuit holds that environmental contamination case doesn’t require remand under Class Action Fairness Act’s “local...

Although the Class Action Fairness Act of 2005 (CAFA) permits most significant class actions to be heard in federal court, the law requires district courts to remand so-called “local controversies” to state court. A “local...more

Double Counting and Inflexibility Are Unreasonable in 4A Negotiations Says Mass. Appeals Court: Court Affirms Award of Attorneys’...

Seeking 80 percent of remedial costs from each of two potentially responsible parties and “inflexibility” in pre-litigation negotiations are sufficiently unreasonable to trigger attorneys’ fees under the Massachusetts cleanup...more

Complaints Are Not Totally Meaningless: A CERCLA Plaintiff Must Allege Disposal Against a Former Owner

I know it may surprise some litigators, but occasionally the allegations in a complaint do matter. In Garrett Day v. International Paper, the Court dismissed CERCLA claims brought by the current owner of a former paper mill...more

Implications of the Clean Power Plan on Historical Research

We’ve been closely tracking litigation related to the EPA’s proposed Clean Power Plan (CPP), which seeks to reduce carbon pollution from power plants and includes state-by-state mandates. Recently, the Supreme Court stayed...more

Private and Governmental Plaintiffs File Toxic Tort Suits Over L.A. Gas Leak

In perhaps the most well-publicized environmental release incident since Deepwater Horizon, Southern California Gas Co. faces a number of toxic tort-based lawsuits stemming from a natural gas leak at one of its storage wells...more

North Dakota High Court Rejects “Take-Home” Asbestos Claim

In a case of first impression that may clarify the duty of care in secondary exposure claims in North Dakota, the state’s highest court rejected claims based on childhood exposure to asbestos brought home on an insulation...more

Iowa Trial Court Certifies Class of 4,000 Residents in Corn Mill Nuisance Suit

In a victory for toxic tort class action plaintiffs, an Iowa trial court certified a class covering approximately 4,000 residents who alleged property damages due to air emissions from a nearby corn milling plant. See...more

Federal Court Strikes Town Ordinance Requiring Warning Labels

In a case that may have implications for chemical warning laws, a federal court in New York found a town’s efforts to require warning labels on pesticide-treated utility poles compelled non-commercial speech and infringed on...more

Iowa Trial Court Certifies Class of 4,000 Residents in Corn Mill Nuisance Suit

In a victory for toxic tort class action plaintiffs, an Iowa trial court certified a class covering approximately 4,000 residents who alleged property damages due to air emissions from a nearby corn milling plant. See...more

Sixth Circuit Rules that Clean Air Act Does Not Preempt State Tort Claims

In a decision that may leave facilities open to private tort liability despite compliance with federal Clean Air Act (CAA) requirements, the U.S. Court of Appeals for the Sixth Circuit concluded that the CAA does not preempt...more

Environmental exposure: a step towards compensation of neighbours of former asbestos-using plants?

On 22 October 2015, the Paris Civil Court ("Tribunal de grande instance de Paris") handed down a judgment concerning environmental exposure to asbestos which could pave the way towards compensation of neighbours of industrial...more

The Ongoing Water Crisis in Flint, Michigan

Last week, citizens of Flint, Michigan filed two class-action lawsuits against Gov. Rick Snyder, Michigan Department of Health & Human Services, Michigan Department of Environmental Quality, and other government officials. ...more

Jury in C-8 Exposure Case Awards $1.6M in Compensatory Damages, Denies Punitives

An Ohio federal jury in October handed out the first verdict in multi-district litigation (“MDL”) against E.I. DuPont de Nemours and Co. related to ammonium perfluorooctanoate, or C-8, in drinking water around DuPont’s...more

Court Allows Pennsylvania Punitive Damages Claims in Petroleum Exposure Case

The judge in a petroleum exposure case will allow a jury to decide whether a gas station operator and its environmental consultant recklessly failed to inform a plumber of the risks of working in an excavated pit with a...more

Third Circuit Affirms First-Filed Rule to Nix Toxic Tort Forum Shopping

Chastising the Plaintiffs for forum shopping, the United States Court of Appeals for the Third Circuit upheld a district court’s decision to dismiss a matter with prejudice on the grounds that the Plaintiffs had previously...more

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