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INDEX
Vol. 24, Nos. 1 - 41, pp. 1-1210
Jan. 1 -- Oct. 15, 2009

A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z

    DAMAGES
      – Accutane and inflammatory bowel disease, defense evidence improperly restricted, $2.6M verdict vacated, new trial ordered (N.J. Super. Ct. App. Div.), 368
      – Asbestos
        – – Army demolition contract, property value decrease not recoverable response cost (W.D. La.), 450
        – – Mesothelioma, workplace exposure
          – – – Exposure evidence lacking, $8M jury award set aside, new trial ordered (N.D. Ohio), 470
          – – – Failure to warn, $4.6M award remanded (Cal. Ct. App.), 533
        – – Personal injury and loss of consortium from workplace exposure, prejudgment interest, total amount may not be collected from each defendant (Cal. Ct. App.), 470
        – – Workplace exposure
          – – – CSX entitled to jury instruction re fear-of-cancer claim, $5M FELA award abandoned (U.S., vac and rem), 656; new trial on damages ordered (Tenn. Ct. App.), 1039
          – – – Navy ship, civilian boiler worker, $2.66M award upheld, punitive damages proper (Cal. Ct. App.), 1101
      – Chlorinated solvents and other groundwater contamination at Contra Costa, Cal. landfill, nuisance and trespass claims proceed, RCRA claims dismissed (N.D. Cal.), 1012
      – Diacetyl and popcorn lung, jury awards $7.5M compensatory damages to American Pop Corn worker and wife (N.D. Iowa), 367
      – Drycleaning chemicals, owner not entitled to future cleanup cost award under Pa. law (3d Cir.), 637
      – Duragesic patch, wrongful death, negligence and punitive damages claims proceed under Utah law (D. Utah), 965
      – Elidel and cancer, punitive damages claim insufficient for federal jurisdiction, suits remanded (D.N.J.), 750
      – Hazardous waste burning and illnesses, Iraq and Afghanistan veterans sue Halliburton and KBR (N.D. Okla.), 893; Senate committee probes hexavalent chromium and sodium dichromate exposure, 940
      – Herbicide and cropland, DuPont and BLM negligent, farmers awarded $17M (D. Idaho), 1013; DuPont to appeal, BLM considers motions, 1040
      – Lead contamination, industrial property seller liable re failure to obtain no further action letter (N.J. Super. Ct.), 971
      – Lead paint, poisoning and learning disabilities from ingested chips, jury awards $7M (Miss. Cir. Ct.), 812; paint manufacturer seeks JNOV or new trial, 898
      – Oil and gas
        – – Contaminated ground water from oil production waste, energy firm must pay cotton grower $8.5M in trespass case (Cal. Super. Ct.), 748
        – – Exxon Valdez spill, payments begin, interest and legal fees in dispute, 38; impact after 20 years, Special Report, 615; $500M postjudgment interest awarded (9th Cir.), 720; challenge to award rejected, 894; seafood processor appeal of award rejected, 1168
        – – Natural gas compression station, landowners awarded $1.24M for noise and odor pollution (Tex. Dist. Ct.), 134
      – Outlook 2009, 70; 120
      – Pollution exclusion clauses may bar coverage for consequential damages (5th Cir.), 1175
      – Propyl bromide and neurological disorders, intentional workplace exposure, $7.48M verdict upheld (Miss.), 1098
      – Real estate, diminished property value claims and stigma damages
        – – Expert calculation methodologies, Analysis & Perspective, 282
        – – Love Field, Tex. cleanup, Aviall notice of liability waiver to neighboring site owners insufficient as opportunity to comment (N.D. Tex.), 377
        – – Pipeline removal site asbestos contamination, easement and property owner class decertified and remanded (Colo. Ct. App.), 895
        – – Trends and current market, Analysis & Perspective, 250
      – Salmonella, contaminated peanut butter, Peanut Corp. of Am.
        – – Company files Chapter 7 bankruptcy, 269
        – – Parents of ill child sue (M.D. Ga.), 138; punitive damages sought, 178
        – – Son may seek punitive damages for death of mother (D. Minn.), 202
      – Superfund, landfill contamination, defendants to pay $99M to N.J. and EPA under proposed settlement (D.N.J.), 61
      – Tobacco
      – Tort reform, Okla. governor signs bill, 663
      – Trichloroethylene (TCE), ground water contamination, Northstar Aerospace to pay $3.5M, 749
      – Vioxx
        – – Class actions, lack of predominance precludes certification (N.J. Super. Ct.), 415
        – – Compensatory damages, $4.5 million award to heart attack victim stands (N.J.), 1171
    DEFENSE DEPARTMENT (DOD)
    DELAWARE
      – Asbestos
        – – Family exposure from work clothes, companies owe no duty of care to families of employees (Del.), 334
        – – Workplace exposure
          – – – Mesothelioma, expert causation testimony reliable (Del. Super. Ct.), 530; $2M verdict affirmed (Del.), 1034
          – – – Spanish workers on U.S. warships, transfer to Spanish court rejected (Del. Super. Ct.), 723
      – CAA, Indian River Power fossil-fuel-fired plant opacity violations, consent order bars citizens' suit (D. Del.), 906
      – Nexium, preemption of state false advertising claims (U.S., vac and rem), 337; suit remanded (3d Cir.), 603
    DENTAL CARE
      – Osteonecrosis
        – – Aredia and Zometa, defense summary judgment motions and expert witness challenges denied (M.D. Tenn.), 990
        – – Fosamax, defense deposition of Australian expert is plaintiff expense (S.D.N.Y.), 370; mistrial declared in first case to go to trial, 1102; expert testimony allowed in 24 remaining cases, 1104
    DEPARTMENT OF
      See specific department e.g., ENERGY DEPARTMENT
    DIABETES
      – Seroquel, physician testimony lacks Daubert reliability to establish medical causation (M.D. Fla.), 176; hearing set on disclosure of sealed documents, 266; released documents show weight gain studies, 338; foreign regulatory actions inadmissible, 371
      – Zyprexa and weight gain, plaintiff causation expert excluded (E.D.N.Y.), 628; manufacturer wins summary judgment re failure to warn, 699; three cases dismissed as time-barred and lacking causation, 788
    DIET DRUGS
      – Expert witness previously retained by defendant may not testify for plaintiff (E.D. Pa.), 839
      – Fen-phen
        – – Attorneys' fees, award affirmed (3d Cir.), 1195
        – – Class action attorneys disbarred after fraud conviction, forfeit $30M of settlement (E.D. Ky.), 476
        – – In pari delicto, use of wife's medication, summary judgment denied (E.D. Pa.), 506
      – Heart damage, prescribing doctor of Pondimin and Redux not seller with indemnity rights (Tex. Ct. App.), 658
      – Hydroxycut and liver problems, class actions filed (D. Mass, N.D. Ala.), 604
      – Pondimin and primary pulmonary hypertension (PPH), suit time barred (6th Cir.), 1041
      – Redux, pre-FDA approval failure-to-warn claims preempted (N.D. Ohio), 413
    DIOXINS
      – Agent Orange
      – Dow Chemical
        – – Midland, Mich. plant cleanup, EPA, state, and Dow begin talks, 46; property value decline class action remanded (Mich.), 933; talks extended, 1045; tentative agreement reached, 1151; exposure study has limited value, EPA says, 1181
        – – Superfund, Dow will clean West Michigan Park site under EPA supervision, 316
      – Medical waste incinerator emissions, EPA final rule would tighten limits, 1133; rule published, In Brief, 1181
      – RCRA, Riverside County, Cal., solid waste disposal facility on tribal land, $45.1M award against operator upheld (9th Cir.), 1070
      – Superfund administrative action, insurer must defend policyholder under R.I. law (1st Cir.), 453
    DISCLOSURE
      – CAA risk management plan, failure to submit, Simoniz to pay penalty and fund projects, 510
      – Dry cleaning contamination, insurer need not defend undisclosed known loss, summary judgment proper (Ind. Ct. App.), 707
      – Septic tank and drainage, caveat emptor does not bar buyer suit against nondisclosing commercial real estate seller (Fla. Dist. Ct.), 870
      – Vytorin, Merck and Schering-Plough to pay $5.4M for delayed release of clinical trial results (Tex. Dist. Ct.), 897; manufacturers to pay consumers and insurers $41.5M in related case (D.N.J.), 962; manufacturers move to dismiss Tex. claims (E.D. Tex.), 1127
    DISCOVERY
      – Acathamoeba keratitis and contact lens solution, manufacturer root cause analysis documents protected as work product and by attorney-client privilege (E.D. Tex.), 372
      – CERCLA may allow stale derivative claims, Analysis & Perspective, 186
      – Depositions, bar on demanding from U.S. officials protects former EPA Adm'r, In Brief, 209
      – Hexavalent chromium and pulmonary fibrosis, plaintiff cannot make blanket objection to admission of scientific proof (M.D. Ga.), 837
      – NuvaRing case, defense-physician contact barred, plaintiff-physician contact limited (E.D. Mo.), 474
      – Osteonecrosis and Fosamax, defense deposition of Australian expert is plaintiff expense (S.D.N.Y.), 370; mistrial declared in first case to go to trial, 1102; expert testimony allowed in 24 remaining cases, 1104
      – Paxil and birth defects, researchers must provide documents in suit against GlaxoSmithKline (D. Mass.), 1126
      – Pig manure lagoons, husband of swine flu victim files petition against Smithfield Foods (Tex. Dist. Ct.), 623
      – RCRA, perchloroethylene (PCE) and trichloroethylene (TCE) plume, default judgment and sanctions entered against paint manufacturer re violations (S.D. Ind.), 757
      – Real estate contamination, possibility of finding continuing tortious acts does not extend limitations period on state claims (W.D. Mich.), 440
    DISEASES
      – Acathamoeba keratitis and contact lens solution, manufacturer root cause analysis documents protected as work product and by attorney-client privilege (E.D. Tex.), 372
      – Antiepileptic drugs and suicide, label changes approved, 583
      – Cancer
      – Children's health
      – Diabetes
      – E. coli contamination
        – – Cookie dough, consumers sue Nestle (Cal. Super. Ct., D. Colo.), 790
        – – Spinach and hemolytic uremic syndrome, consumer sues producers, retailer, and related firms (Wis. Cir. Ct.), 1063
      – Eye infections, ReNu ML and non-Fusarium keratitis, expert testimony excluded (N.Y. Sup. Ct.), 874; related federal cases exclude evidence (D.S.C.), 1062
      – Heart disease
      – Inflammatory bowel disease and Accutane
        – – Defense evidence improperly restricted, $2.6M verdict vacated, new trial ordered (N.J. Super. Ct. App. Div.), 368
        – – Roche discontinues manufacture and distribution, 814
      – Latent and current health problems and hazardous waste burning, Iraq and Afghanistan veterans sue Halliburton and KBR (N.D. Okla.), 893; Senate committee probes hexavalent chromium and sodium dichromate exposure, 940
      – Liver problems and Hydroxycut, class actions filed (D. Mass, N.D. Ala.), 604
      – Lung disease
      – Lupus and minocycline, state failure-to-warn claims not preempted by federal regulations (N.D. Ill.), 445
      – Meningitis and Trovan clinical trials, Pfizer to pay Nigeria and study participants $75M, 938
      – Mesothelioma
      – Multi-organ sensitivity and Trileptal, manufacturing and design defect claims dismissed under state law (S.D. Ohio), 961
      – Non-arteritic anterior ischemic optic neuropathy (NAION) and Viagra, expert evidence excluded (D. Minn.), 1016
      – Osteonecrosis
        – – Aredia and Zometa, defense summary judgment motions and expert witness challenges denied (M.D. Tenn.), 990
        – – Fosamax, defense deposition of Australian expert is plaintiff expense (S.D.N.Y.), 370; mistrial declared in first case to go to trial, 1102; expert testimony allowed in 24 remaining cases, 1104
      – Salmonella, contaminated peanut butter, Peanut Corp. of Am.
        – – Company files Chapter 7 bankruptcy, 269
        – – Insurer seeks declaratory judgment on policy violations and duty to indemnify (W.D. Va.), 233
        – – Parents of ill child sue (M.D. Ga.), 138; punitive damages sought, 178
        – – Son may seek punitive damages for death of mother (D. Minn.), 202
      – Swine flu from pig manure lagoons, husband of victim files discovery petition against Smithfield Foods (Tex. Dist. Ct.), 623
      – Tardive dyskinesia, metoclopramide
      – Thyroid disease and radiation exposure, Uravan, Colo. uranium mine, personal injury and medical monitoring claims properly dismissed (10th Cir.), 1012
      – Tobacco
      – Vaccines
    DISTRICT OF COLUMBIA
      – Drinking water, lead levels, D.C. Water and Sewage Auth. faces suit re cover-up (D.C. Super. Ct.), 263
      – Whistleblowers, Smithsonian lighting installer with asbestosis files Office of Special Counsel complaint for failure to warn and job demotion, 411
    DOD
    DRINKING WATER
      – Carcinogens and reproductive toxicants, labor code mechanism items must be added to Prop. 65 list (Cal. Super. Ct.), 601; OEHHA proposes adding 30 chemicals, 726; BPA not listed by DART, 875; styrene listing blocked, 991
      – Chemical-laden sludge, water plant official charged with dumping into Susquehanna River (N.Y. County Ct.), 383
      – Coal-related fly ash, Constellation Power Generation settlement approved, In Brief (Md. Cir. Ct.), 42
      – CWA
      – Degreaser and caustics in public water supply, public works official who dumped and falsified documents sentenced for conspiracy (E.D.N.C.), 381
      – Dichlorethylene and vinyl chloride contamination, Crestwood, Ill. water supply, village and officials sued (Ill. Cir. Ct.), 731
      – Fluoride contamination, county need not notify residents under Safe Drinking Water Act (Cal.), 795
      – Funding, state clean water programs
        See LEGISLATION, FEDERAL, S 1005
      – Hazardous refinery waste, improper disposal, Texas Oil and Gathering execs plead guilty (S.D. Tex.), 539
      – Lead levels, D.C. Water and Sewage Auth. faces suit re cover-up (D.C. Super. Ct.), 263
      – Leaking underground storage tanks (LUST), states get $200M for cleanup, 515
      – Management challenges of EPA, GAO report addresses, 350
      – Municipal water treatment plant, pollutant discharge coverup, operator sentenced (W.D.N.C.), 674
      – Outlook 2009, 124; 124
      – Perchlorate contamination
        – – Aerojet Superfund site, Sacramento County, Cal. sues for cleanup costs (E.D. Cal.), 819
        – – Businesses face suit from city under state superfund law (Cal. Super. Ct.), 512
        – – Santa Clara Valley, Cal. recharge costs not recoverable under Superfund (N.D. Cal.), 1018; labor costs recoverable, 1068
        – – Sources, DOD offers information, EPA reviews possible regulation, 640; preliminary determination not to regulate reevaluated, 972
      – Perfluorooctanoic acid (PFOA)
        – – Birth defects and preeclampsia, researchers report findings, 448
        – – Medical monitoring claim upheld in suit charging DuPont with contaminating Parkersburg, W. Va. water supply (S.D.W. Va.), 1169
        – – Provisional advisories, EPA issues in Ala. counties but finds contaminants below concern level, 93
        – – Scotchgard and Teflon manufacturing waste disposal, 3M granted summary judgment re personal injury claims (Minn. Dist. Ct.), 4; jury finds no property devaluation, 748
        – – Teflon-related contamination, medical monitoring program rejected and class certification denied (D.N.J.), 36
      – Pesticides, waste disposal, Brazilians sue U.S. companies (S.D. Ind.), 559
      – Superfund
        – – Double H, Wash. site, pesticide contamination, owners to clean up and install monitoring wells, 819
        – – Hudson River PCB removal, GE to pay for alternative water supply and dredge waste per consent decree (N.D.N.Y.), 145; municipalities seek to halt dredging pending alternative water supply, 317; dredging begins, 635
        – – Landia Chemical, Fla. site, $8.5M settlement approved (M.D. Fla.), 1069
        – – Railroad owners to pay almost $1M to replace well in contaminant path, 211
        – – Rialto-Colon, Cal. basin contamination, unilateral administrative orders (UAOs), pattern and practice challenge rejected (9th Cir.), 994
        – – San Gabriel Valley, Cal. site, TCE, PCE, 1,4-dioxane, and perchlorate contamination, defendants to pay $21M in cleanup, 1044
      – Treatment systems, economic recovery funds to support rural projects, 710
      – Trichloroethylene (TCE) contamination, Northstar Aerospace to pay $3.5M, 749
      – Vapor intrusion, ASTM VI Standard real estate proximity presumptions inappropriate, Analysis & Perspective, 768
      – Vinyl chloride contamination, class certification proper in suit against Dow Chem. (La. Ct. App.), 622
      – Volatile organic compounds, refrigerator filters, product liability claims proceed under Conn. law (D.N.J.), 873
    DRUG ABUSE
      – Methamphetamine epidemic, decongestant manufacturers cannot be held liable for law enforcement cost, suit properly dismissed (8th Cir.), 39
    DRUGS
    DRY CLEANING
      – Contamination, insurer need not defend undisclosed known loss, summary judgment proper (Ind. Ct. App.), 707
      – Damages, owner not entitled to future cleanup cost award under Pa. law (3d Cir.), 637
      – PCE
      – RCRA, state “No Further Remediation” letter does not bar suit (N.D. Ill.), 728
    DUE PROCESS
      – Superfund
        – – Joint and several liability and minimum contacts, Analysis & Perspective, 545
        – – Neither CERCLA text nor unilateral EPA orders violate constitution (D.D.C.), 142
    DUST
      – Asbestos
      – Beryllium
        – – Defense contractor lab worker exposure, suit not time barred (1st Cir.), 1035
        – – NASA worker hypersensitivity to potentially toxic substance not compensable injury (5th Cir.), 88
      – Lead paint, poisoning from sandblasting, state not liable for private bridge contractor injury (Ohio Ct. App.), 892
      – Phosphorous pentasulfide (P2S5), hydrogen sulfide, and encephalopathy, expert evidence insufficient (D. Neb.), 989

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