News & Analysis as of

Contamination Manufacturers

Applying Product Liability Theory, Washington State Sues for PCB Damages

by Beveridge & Diamond PC on

In an effort to use product liability theories to hold manufacturers culpable for environmental releases, the Attorney General of Washington State sued PCB manufacturer Monsanto in state court in December. See Complaint,...more

Lawsuit Proceeds Against Monsanto for Manufacture of PCBs

Last year, we told you about a lawsuit brought by three California cities against Monsanto Company, alleging that Monsanto is liable for PCB (polychlorinated biphenyl) contamination in San Francisco Bay. The cities—San Jose,...more

Toxic Tort & Product Liability Quarterly Vol. 9, No. 4, December 2016

by Beveridge & Diamond PC on

DC High Court Adopts Daubert Approach to Expert Testimony - In a direct victory for mobile phone manufacturers and service providers, and with implications for any other case involving expert testimony in the District of...more

District of New Hampshire Denies Remand Under CAFA’s Local Controversy Exception

by Pierce Atwood LLP on

On November 30th, in Brown v. Saint-Gobain Performance Plastics Corp., United States District Judge Joseph Laplante of the District of New Hampshire denied plaintiffs’ motion to remand two related class action lawsuits based...more

Court Dismisses Public Nuisance Claims Against Monsanto for Manufacture of PCBs

Last week, a federal court dismissed claims brought by three California cities against Monsanto that were aimed at forcing Monsanto to pay for polychlorinated biphenyl (“PCB”) contamination in San Francisco Bay. The...more

Expect Increased Environmental Regulatory Scrutiny in the Wake of the Flint Water Crisis

by Pepper Hamilton LLP on

The regulated community should plan for an increased level of agency oversight, inspection and enforcement and increased public involvement. Although there has been much finger pointing as to which party or parties may...more

DuPont Wins Partial Summary Judgment in Drinking Water MDL

by Beveridge & Diamond PC on

An Ohio federal district court gave E.I. DuPont de Nemours and Co. a partial victory in litigation over ammonium perfluorooctanoate (“C-8”) drinking water contamination in Ohio and West Virginia by granting partial summary...more

Ninth Circuit Interprets CAFA Exception Narrowly, Facilitating Removal in Environmental Tort Cases

by Beveridge & Diamond PC on

Creating a Circuit split, the Ninth Circuit held that a tort case against a Washington corporation did not fall under the so-called “local event” exception to the Class Action Fairness Act (“CAFA”) and, therefore, had been...more

Ohio Federal Court Rules That DuPont’s Teflon Emissions Are Covered by RCRA

by BakerHostetler on

Last week the Southern District of Ohio held that air emissions from DuPont’s Teflon production operations at its Washington Works Facility in West Virginia, which landed on a water supplier’s wellfield and contaminated the...more

California Court Holds Product Contamination Insurance Does Not Cover Ingredients Contaminated by Insured’s Supplier

by Cozen O'Connor on

On February 6th, an intermediate level California appellate court held that a product contamination policy only covered contamination that occurs during or after manufacturing operations by the insured, meaning that there was...more

The United States Allocated 40% of Liability for Contamination Caused by a Contractor’s Manufacturing Operations

by Davis Wright Tremaine LLP on

A recent decision by a federal court in the Central District of California found the United States liable for 40% of the response costs related to contamination from the manufacture of ammunition and rocket motors for the...more

Revised Trichloroethene Toxicity – How Does This Affect Your Manufacturing Facility?

by Foley & Lardner LLP on

The following post is provided by our guest author, Graham Crockford from TRC Environmental Corporation. Trichloroethene (TCE) has been produced commercially since the 1920s and was commonly used by manufacturing...more

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