Toxics Law Reporter Index-Summary

JOINT AND SEVERAL LIABILITY

– Asbestos, workplace exposure

– – Mesothelioma, $4.6M award remanded (Cal. Ct. App.), 533
– – Personal injury and loss of consortium, total amount of prejudgment interest may not be collected from each defendant (Cal. Ct. App.), 470

– RCRA, hydrocarbon plume and ground water contamination, cleanup order not dischargeable in bankruptcy (7th Cir.), 1044
– Superfund

– – Cost recovery

– – – Arranger liability in pesticide spills (U.S., oral arg), 270; judg rvs, 584; effects of decision, conferees discuss, 634; impact of decision, Analysis & Perspective, 711; reduced role of science in CERCLA, Analysis & Perspective, 826; cost apportionment by causation, Analysis & Perspective, 948; cleanup and settlement incentives decreased, Analysis & Perspective, 1002; divisibility defense, effect on use, Analysis & Perspective, 1075; U.S. Supreme Court Term, Review, 2008-2009, Analysis & Perspective, 1113
– – – Dunnett's Cove, Me. tar and poly-aromatic hydrocarbon (PAH) contamination, firms liable for dumping in sewer lines (D. Me.), 842

– – Minimum contacts and due process, Analysis & Perspective, 545

JOURNAL

– Ed. Note: A list of upcoming conferences and meetings appears at the end of selected issues.

JURISDICTION

– Asbestos

– – Bankruptcy bar, Travelers requests application to direct action as insurer for Johns-Manville (U.S., oral arg), 442; actions barred (rvs and rem), 746
– – Workplace exposure

– – – Navy shipworker, military contractor defense prevents remand (D. Conn.), 893
– – – Spanish workers on U.S. warships, transfer to Spanish court rejected (Del. Super. Ct.), 723

– Avandia, failure to warn, cases lacking federal question or fraudulent joinder remanded (E.D. Pa.), 310; case meeting N.M. notice pleading standard remanded, 789
– Class actions

– – Benzene release, federal court denying certification retains jurisdiction under CAFA (W.D. La.), 198
– – Zinc, cadmium, arsenic, and lead contamination, state-led cleanup no bar to challenge, suit remanded under CAFA (W.D. Okla.), 585; remand proper (10th Cir.), 1060

– Clean Water Act (CWA)

– – Federal jurisdiction, Outlook 2009, 114
– – Wetlands, municipality seeks ruling that Army Corps of Eng'rs determination re proposed Alaska recreation area is final agency action (U.S., rev sought), 343; (rev den), 759

– Elidel and cancer, punitive damages claim insufficient for federal suit, suits remanded (D.N.J.), 750
– Glycerin, diethylene glycol-tainted fever medicine, Haitians may not sue Dutch distributor in Fla. (Fla. Dist. Ct.), 871
– International human rights, Alien Torts Statute expansion, Analysis & Perspective, 489
– Joinder

– – Heparin and thrombocytemia (HIT syndrome), suit remanded (S.D. Ala.), 312
– – PCBs, economic harm to property, homeowners' joinder of plant manager is fact issue warranting remand to state court (N.D. Fla.), 304

– Metoclopramide, harm from long-term use, removal proper (E.D. Pa.), 560
– Oil spills, Spanish, French, and Portuguese coastal pollution, Intl. Convention on Civil Liab. does not divest federal court of jurisdiction (2d Cir.), 721
– PCE, V.I. aquifer, natural resources damage suit lacking substantial federal issue dismissed (D.V.I.), 1039
– Remicade, health care defendants severed and remanded to state court (N.D. Ohio), 813
– Resource Conservation and Recovery Act (RCRA)

– – Arsenic and benzene contamination, state law conspiracy suit remanded (N.D. Ill.), 586
– – EPA-authorized state hazardous waste program, implementation challenge must be heard in state court (S.D. Ohio), 98

– Superfund

– – Cost recovery, Lefton and Kerr-McGee site, judgment not appealable if insurance offset remains unresolved (7th Cir.), 816
– – Minimum contacts, joint and several liability, and due process, Analysis & Perspective, 545

– Venue

See VENUE

JURY TRIALS

– Asbestos, workplace exposure

– – CSX entitled to jury instruction re fear-of-cancer claim, $5M FELA award abandoned (U.S., vac and rem), 656
– – Mesothelioma, court must give reason for setting aside verdict and granting new trial (Tex.), 810
– – Paper mill workers, award proper (N.J. Super. Ct.), 988

– CAA, new source review, Cinergy failed to timely disclose witness pay, new trial ordered (S.D. Ind.), 12; 2 violations found, 674
– Herbicide and crop damage, DuPont and BLM negligent, farmers awarded $17M (D. Idaho), 1013; DuPont to appeal, BLM considers motions, 1040
– Lead paint, poisoning and learning disabilities from ingested chips, teen awarded $7M (Miss. Cir. Ct.), 812; paint manufacturer seeks JNOV or new trial, 898
– Natural resources damage, oil spills, defendant entitled to jury trial (S.D. Tex.), 273
– Tobacco, daughter of deceased smoker awarded $13.8M in punitive damages (Cal. Super. Ct.), 1042