Toxics Law Reporter Index-Summary

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

See TOBACCO INDUSTRY

– 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)

– Armed forces

See ARMED SERVICES

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

See 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

See CANCER

– Children's health

See CHILDREN'S HEALTH

– Diabetes

See 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

See 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

See 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

See generally ASBESTOS

– 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

– 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

See METOCLOPRAMIDE

– Thyroid disease and radiation exposure, Uravan, Colo. uranium mine, personal injury and medical monitoring claims properly dismissed (10th Cir.), 1012
– Tobacco

See TOBACCO INDUSTRY

– Vaccines

See 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

See DEFENSE DEPARTMENT (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

See CLEAN WATER ACT (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

See PHARMACEUTICALS
– Generic drugs

See GENERIC 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

See PERCHLOROETHYLENE (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

See generally 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