Toxics Law Reporter Index-Summary

DAMAGES

– Accutane alleged cause of inflammatory bowel disease

– – Jury awards $10.6M (N.J. Super. Ct.), 380
– – Plaintiffs share $13M jury award (N.J. Super.), 1061
– – Warning language not adequate as a matter of law, summary judgment denied (N.J. Super. Ct.), 1123

– Asbestos

– – Auto parts warehouse worker, defense to appeal widow's award (N.J. Super. Ct.), 239
– – Impaired ability to function not needed for fear of cancer damages (Ill. App. Ct.), 183
– – Refinery, jury award to pipefitter upheld, Exxon retained control over safety of independent contractors' employees (Cal. Ct. App.), 341
– – Shipyard worker's death, maritime law applied to product liability suit (U.S., rev sought), 28

– Aviall succeeds on future costs, but other superfund issues against Cooper Ind. unresolved (N.D. Tex.), 696
– Benzene in Liquid Wrench alleged cause of lymphocytic lymphoma, $2M verdict set aside after expert's causation evidence excluded as scientifically unreliable (Miss.), 654
– Civil or criminal penalties

See PENALTIES

– Class representative not exposed to chemical leak, award overturned (La. Ct. App.), 962
– Development on contaminated landfill, residents' emotional distress damages reduced (La. Ct. App.), 175
– DuPont seeks review of $400M class action verdict for contaminants remaining after voluntary cleanup of smelting site (W. Va. Sup. Ct.), 560; review granted, 851
– Fentanyl patch overdose

– – Federal law preempts state law allowing punitive claim if maker knowingly withheld information from FDA (D. Utah), 1019
– – Jury awards $16.56M for death (Ill. Cir. Ct.), 1062

– Gasoline spills, knowledgeable landowners may establish devaluation through their own testimony (S.D. Miss.), 708
– Hormone replacement therapy

See HORMONE REPLACEMENT THERAPY (HRT)

– Hydrochloric acid, $750,000 award to railroad worker upheld, but CSX entitled to setoff from settlement with other defendants (4th Cir.), 407
– Indemnification, diminished property value not recoverable as equivalent of cleanup cost (9th Cir.), 12
– Insurer's refusal to pay is not the kind of extraordinary event for which a final judgment will be reopened (E.D. Pa.), 805
– Manganese fumes

– – Award of $20M to injured welder upheld, expert evidence adequate (N.D. Ohio), 672
– – Jury finds welding rod manufacturer warnings re health effects adequate, verdict for defense (N.D. Ohio), 1061

– Natural resources damages

See generally NATURAL RESOURCES DAMAGES

– Oil and gas

– – Diesel fuel spill into salmon-bearing stream, Puget Sound Energy agrees to pay $800,000 in federal and state penalties (W.D. Wash.), 370
– – Environmental problems, Shell Oil failure to disclose problems to new station owner warrants $1.7M award (Cal. Ct. App.), 1117
– – Exxon Valdez oil spill, punitive award to be reviewed, Outlook 2008, 89; briefs supporting award filed, 113; (U.S., oral arg), 174; punitive award cut to size of compensatory damages (judg), 540; post judgment interest issue sent to circuit court, 695; partial settlement announced (9th Cir.), 746
– – Liquid gas explosion, pollution exclusion clause does not bar damages claim (D. Utah), 32
– – Punitive award against Unocal improperly punished prior spills (Cal. Ct. App.), 234
– – Radioactive contamination of land by oil drilling pipes, punitive award of $112M upheld (U.S., rev den), 362

– Ortho Evra patch, blood clot link, noneconomic and punitive damages caps upheld (Ohio), 22
– Perchlorate, water district may pursue punitive damages for negligence but not restitution (N.D. Cal.), 728
– Property values diminished by plutonium contamination from Rocky Flats Weapons Plant, $926M judgment for class includes $200M punitive award (D. Colo.), 484
– Tobacco industry

– – Cessation program, reduced award of $263.5M ordered to fund court-supervised program (La. Civ. Dist. Ct.), 655
– – Design defect verdict reversed for failure to show safer alternative, $20M jury award overturned (N.Y. App. Div.), 338
– – Punitive damages

See TOBACCO INDUSTRY

– World Trade Center particulates, jury to decide if pollution exclusion clause bars coverage (S.D.N.Y.), 84

DEFENSE INDUSTRY

See ARMED SERVICES

DEFENSES

– Agent Orange, government contractor

– – Federal officer removal proper (2d Cir.), 299
– – Veterans' and Vietnamese citizens' claims rejected, 2 cases (2d Cir.), 176

– Asbestos, airplane mechanic's suit against Navy, removal under federal contractor defense denied (D. Mass.), 40
– Cymbalta, widow's failure-to-warn case fails based on doctor's testimony he would have prescribed antidepressant even with a stronger warning (E.D. La.), 449
– Federal contractor, delay excused by plaintiff's numerous changes to complaint allegations (E.D.N.Y.), 986
– Innocent landowner defense rejected in Superfund case (E.D. Cal.), 185
– Learned intermediaries

See LEARNED INTERMEDIARIES

– ReNu contact lens solution, inadequate responsive pleading leads to stricken answer and defenses (N.D. Ill.), 129
– Sophisticated user rule applies to air conditioning technician suffering from lung disease allegedly due to phosgene gas (Cal.), 316
– Useful product, dismissal declined, “sham sale” possibly hid disposal of hazardous waste (S.D. Tex.), 858

DELAWARE

– CAA, state plan revisions raise possibility that carbon dioxide will be regulated, 809
– Propane refiner must pay $1.2M and close down leaky storage system, 862
– Sportsman's club to sell property to pay for lead shotgun pellet cleanup on wildlife refuge (D. Del.), 972
– Wilmington Superfund site, successor company agrees to pay cleanup costs (D. Del.), 736
– W.R. Grace bankruptcy

See BANKRUPTCY

DEMOLITION

See generally BUILDING AND CONSTRUCTION

DENTAL CARE

– Mercury discharges

– – Congressional survey of state and local efforts finds mandatory program is most effective for reducing releases, 811
– – Mandatory standards not needed, EPA report, 811

– Osteonecrosis

– – Aredia and Zometa, mass tort status given to suits (N.J. Super. Ct.), 127
– – Fosamax, monitoring class certification in three states denied (S.D.N.Y.), 42

DES

See DIETHYLSTILBESTROL (DES)

DIABETES

– Avandia, deceased's family claims drug caused heart failure and stroke (S.D. Cal.), 6
– Bisphenol-A, study finds links, 800
– Organophosphate pesticides link, research published, 1039
– Pesticides, Natl. Inst. of Health study finds licensed applicators may have increased risk, 489
– Rezulin, “fraud on the FDA” suit under Mich. law not barred, plaintiff argues (U.S., oral arg set), 62; (oral arg), 179
– Seroquel, defense attorney documents used to prep witness not privileged (M.D. Fla.), 114

DIET DRUGS

– Acutrim, packager and distributor may be strictly liable in stroke case, N.J. law applies (N.J. App. Div.), 544
– Pondimin

– – Pharmacy dispensed recalled drug, negligence claims allowed (Utah), 821
– – Tenn. repose law bars claim before accrual (E.D. Tenn.), 297

– Redux, wrongful death claims dismissed (N.D. Ohio), 214

DIETARY SUPPLEMENTS

See VITAMINS AND NUTRITIONAL SUPPLEMENTS

DIETHYLSTILBESTROL (DES)

– Daughter's suit belongs in Mass. where her mother was treated (D.D.C.), 561

DIOXINS

– Agent Orange

See AGENT ORANGE

– Breast cancer allegedly due to wood treatment plant emissions, Superfund discovery rule does not toll running of Miss. statute of limitations in this case (5th Cir.), 582
– Neighborhood class certified for suit against Dow Chem. (Mich. Ct. App.), 80
– Passaic River, companies agree to remove sediment along Diamond Alkali Superfund site, EPA announces, 547
– Tittabawassee River, EPA administrator resigns citing pressure over Dow Chemical contaminated sediment cleanup, 419

DISCLOSURE

See also NOTICE
– Environmental problems, Shell Oil failure to disclose problems to new station owner warrants $1.7M award (Cal. Ct. App.), 1117
– Lead paint violations alleged

– – Buyer has no claim against sellers when buyer never incurred any costs (C.D. Ill.), 575; prior ruling affirmed, 700
– – Child not party to lease, civil liability claims dismissed (N.D. Ga.), 1035

– Public review, animal feedlots must disclose waste plans during permitting process (Mich. Ct. App.), 71

DISCOVERY

– Class certification decisions, limited discovery may be sufficient, BNA Analysis & Perspective, 924
– Ex parte interviews of treating physicians, BNA Analysis & Perspective, 948
– “Fishing expeditions” barred, request in case alleging benzene as cause of laboratory technician's lymphoma death must be quashed as overly broad (Tex. App.), 710
– Generic antidepressants, information-sharing provision stricken from protective order as too broad (D.N.M.), 486
– PCE, notice issues in cases consolidated for discovery addressed (S.D. Ind.), 276

DISEASES

– Asymptomatic pleural thickening, retroactive application of law defining asbestos injury leads to dismissal of claim (Ohio), 934
– Autism, study finds link to environmental mercury, 411
– Bisphenol-A, study finds links, 800
– Blood clots, Ortho Evra patch link alleged

– – Consolidation of individual suits challenged by defendants (N.D. Ohio), 78
– – FDA approves updated label, 115
– – Noneconomic and punitive damages caps upheld (Ohio), 22

– Cancer

See CANCER

– Cerebral palsy treatment, Botox risks allegedly not fully disclosed, suits for deaths and injuries (Cal. Super. Ct.), 633
– Diabetes

See DIABETES

– Diesel fumes at New York City bus depots blamed for illnesses, retired transit employees file suits against bus and engine makers (N.Y. Sup. Ct.), 729
– Encephalomyelitis link to tetanus typhoid-diptheria vaccine alleged, suit dismissed because government expert more credible (Fed. Cir.), 773
– Epilepsy

– – DaimlerChrysler summary judgment upheld, laborers failed to present sufficient expert evidence to prove causation, 2 cases (Ind. Ct. App.), 608
– – FDA warns of increased suicide risk in users of antiepileptic drugs, 132

– Exercise-induced asthma blamed on freon in water bottle, dismissal after causation expert excluded upheld (8th Cir.), 746
– Eye infections, ReNu contact lens solution, inadequate responsive pleading leads to stricken answer and defenses (N.D. Ill.), 129
– Heart disease

See HEART DISEASE

– Hepatitis A blamed on allegedly undercooked mussels, experts did not adequately establish link (D. Md.), 692
– Human bone and tissue harvesting scheme, expert testimony on whether products can transmit certain diseases excluded, summary judgment for defendants (D.N.J.), 965
– Inflammatory bowel disease allegedly caused by Accutane

– – Expert causation witness properly excluded (11th Cir.), 750
– – Jury awards $10.6M (N.J. Super. Ct.), 380
– – Three plaintiffs share $13M jury award (N.J. Super.), 1061
– – Warning language not adequate as a matter of law, summary judgment denied (N.J. Super. Ct.), 1123

– Liver injury and ibuprofen, federal law preempts warning claims challenging label of generic over-the-counter drug (N.D. Cal.), 512
– Lung disease

– – Asbestos

See ASBESTOS

– – Tobacco

See TOBACCO INDUSTRY

– “Mold illness” diagnosis, physician's opinion rejected by 2 courts (D.D.C.) (Ohio Ct. App.), 689
– Multiple chemical sensitivity

– – Expert improperly excluded, jury should be allowed to consider diagnosis in suit against pest control company (Or. Ct. App.), 908
– – Train conductor's FELA suit fails because toxins not identified (Neb.), 630

– Myelodysplastic syndrome allegedly due to benzene in oil-based paints, worker's suit fails for lack of exposure level evidence (E.D.N.Y.), 1036
– Myelofibrosis and benzene, trial court ordered to reconsider dismissal of tanker truck driver's claims in light of new report (5th Cir.), 378
– Nephrogenic systemic fibrosis or dermopathy allegedly caused by gadolinium-based contrast dyes, N.J. cases consolidated (N.J. Super. Ct.), 410
– Obesity, organophosphate pesticides link, research published, 1039
– Osteonecrosis

See DENTAL CARE

– Parkinson's disease

– – Pesticides exposure association found, research published, 304
– – Risk may increase from workplace TCE exposure, study finds, 81

– Pesticide- and chemical-related illnesses ADA coverage urged by advocacy group, 714
– Psychotic behavior allegedly due to Chantix smoking cessation drug, negligent failure-to-warn physician claim allowed (E.D. Pa.), 1017
– Respiratory problems, scientists generally accept causal relationship with mold exposure so no hearing to determine adequacy of proof required (N.Y. Sup. Ct.), 560
– Silicosis deaths decreased since 1965 but young adults at greater risk, study released, 635
– Stevens-Johnson Syndrome

– – Children's Motrin alleged cause of allergic reaction and blindness, jury verdict for drug company (Cal. Super. Ct.), 656
– – Remand of mother's suit based on son's use of anti-seizure drug refused (N.D.W. Va.), 731

– Strokes and PPA

– – Deceased's statements to his children on cold medicine use inadmissible hearsay (N.D. Ill.), 111
– – Packager and distributor may be strictly liable in stroke case, N.J. law applies (N.J. App. Div.), 544

– Tardive dystonia

– – Metoclopramide

– – – Failure-to-warn claims against generic maker preempted, 3 cases (W.D. Ky.), 964
– – – Federal law preempts warning claim against generic drug maker (D. Minn.), 545
– – – Interlocutory review sought on ruling failure-to-warn claims are not preempted (E.D. La.), 1037
– – – Preemption rejected, failure-to-warn claim of woman who used generic version reinstated (Cal. Ct. App.), 882

– – Reglan maker sued

– – – Brand-name makers may be liable to patients whose doctors rely on their product information in prescribing generic versions (Cal. Ct. App.), 1015
– – – Dismissal of suits against manufacturer of brand name drug by plaintiffs who took generic version, 3 cases (W.D. Ky.), 586
– – – No liability to woman who used generic version (N.D. Ga.), 363

– Tendon rupture and Levaquin

– – Federal cases consolidated (D. Minn. MDL), 546
– – Venue transfer for nonresidents' claims rejected (D. Minn.), 278

– Toxic encephalopathy, train conductor's FELA suit fails because toxins not identified (Neb.), 630
– Toxin-based illness or evidence of toxin in body required for N.Y. negligent infliction of emotional distress claim (N.Y. App. Div.), 962
– Vision impairment, Viagra

– – Cal. and Ariz. plaintiffs may not sue in N.Y. (N.Y. Sup. Ct.), 179
– – Parties challenge each other's witnesses with Daubert motions (D. Minn.), 7; some experts allowed and others excluded, 338

DISTRICT OF COLUMBIA

– Diethylstilbestrol, daughter's suit belongs in Mass. where her mother was treated (D.D.C.), 561
– “Mold illness” diagnosis, physician's opinion rejected by 2 courts (D.D.C.) (Ohio Ct. App.), 689
– Sewage treatment plant, environmental groups urge upholding CWA permit that requires major reductions in nitrogen discharges (D.C. Cir.), 719
– USTs, owner of gas stations in Md., Va., and D.C. fined over $3 million (EPA EAB), 249
– Water pipes damage allegedly due to corrosive city-provided water, expert testimony enough to reverse dismissal (D.C.), 383
– Wetlands, land developer challenge to rule defining Army Corps jurisdiction rejected (D.C. Cir.), 187

DRINKING WATER

– Alaska, water pollution ballot initiatives ruled on (Alaska Super. Ct.), 227
– Chromium

See CHROMIUM

– Climate change, Outlook 2008, 98
– Coal-related fly ash, contamination suit settled (Md. Cir. Ct.), 985
– Drugs in water reported

– – Ill. governor calls for enhanced water testing, 241
– – Pa., sewage treatment facility to educate public on drug disposal, 250
– – Senate panel to hold hearing, 219

– Lead, settlement on benzene and toluene does not bar suit on lead contamination (Cal. Ct. App.), 1058
– MTBE contamination

See METHYL TERTIARY BUTYL ETHER (MTBE)

– N.C. shopping center owners agree to sell property to pay costs for cleaning up water contamination from Superfund site (W.D.N.C.), 737
– PCE

– – Sudden and accidental exception to pollution exclusion clause may be invoked by water company charged with dispersing contaminants through pumping system (N.D. Cal.), 758
– – Water company's suit for contamination of wells returned to state court (N.D. Cal.), 1002

– Perchlorate

– – Defense Dep't and environmental groups disagree on source of contamination, 976
– – EPA decision not to regulate, Science Advisory Bd. expresses concern about decisionmaking process, 992; EPA extends comment period, 1019
– – FDA food level finding useful for EPA decision on regulation, 47
– – Water district may pursue punitive damages for negligence but not restitution (N.D. Cal.), 728

– Plugged contaminated well, owner has sufficient present injury to bring RCRA suit (N.D. Ill.), 715; contamination expert will be allowed, 877
– Water pipes damage allegedly due to corrosive city-provided water, expert testimony enough to reverse dismissal (D.C.), 383

DRUG ABUSE

– Methamphetamine, cold medicine makers lack liability (E.D. Ark.), 146

DRUGS

See PHARMACEUTICALS

DRY CLEANING

– PCE

See PERCHLOROETHYLENE (PCE)

DUE PROCESS

– Cumulative nuisance, lead paint makers appeal no-fault hybrid nuisance/product liability ruling (R.I.), 144; industry members file amici briefs, 145; text of amicus brief, 156; oral argument will be Webcast, 425; public nuisance claim should have been dismissed, unanimous decision, 561; implications of decision, BNA Analysis & Perspective, 763
– Federal Railroad Safety Act amendment banning preemption of state negligence claims constitutional, claims for anhydrous ammonia release due to train derailment reinstated (8th Cir.), 583
– Ga. tort reform rules valid (Ga.), 239
– Ortho Evra patch, blood clot link, noneconomic and punitive damages caps upheld (Ohio), 22

DUST

– Ariz. builder to pay $106,000 to settle construction site allegations (D. Ariz.), 433
– Cotton dust containing formaldehyde and other chemicals, mass tort action alleging injuries to garment workers dismissed (Tex. Dist. Ct.), 691
– Greenhouse gas in pressurized gas dusters targeted by Cal. air resources board, 567
– World Trade Center

See WORLD TRADE CENTER