Toxics Law Reporter Index-Summary

MARKETING

– Class actions

– – Hydroxycut and liver problems, suits filed (D. Mass, N.D. Ala.), 604
– – Tobacco, deceptive advertising campaign, class decertification improper (Cal.), 624
– – Vioxx, lack of predominance precludes certification (N.J. Super. Ct.), 415

– Nanotechnology, research and development products

See LEGISLATION, FEDERAL, HR 820

– Nexium, preemption of state false advertising claims (U.S., vac and rem), 337; suit remanded (3d Cir.), 603

MARYLAND

– Bisphenol-A (BPA), baby bottles and cups, state House votes to ban, 477; Senate rejects, 507
– Coal-related fly ash, Constellation Power Generation settlement approved, (Md. Cir. Ct.), In Brief, 42
– Mercury-based thimerosal vaccines and autism, epidemiologist causation testimony barred (Md.), 750
– RCRA, DOD sites, state sues to enforce Army cleanup order at Fort Meade (D. Md.), 13
– Superfund, Army to sign federal facilities agreement for Ft. Meade cleanup, 538; interagency agreement signed, 755

MASSACHUSETTS

– CWA, Mystic River oil spill, ExxonMobil Pipeline agrees to pay $6.2M in plea agreement (D. Mass.), 14; sentencing, 588
– Deceptive ads for “light” cigarettes, state claims may proceed (Mass.), 444
– Hazardous waste transportation, management firm settles permit violation charges (Mass. Super. Ct.), 590
– Superfund, Beede Waste Oil, N.H. site, state agencies to pay $2.85M for cleanup (D.N.H.), 508

MDL

See MULTIDISTRICT LITIGATION (MDL)

MEDICAL DEVICES

– Manufacturers, Ga. bill would give immunity for FDA compliance, 239
– Outlook 2009, 120
– Pain pump, post-sale duty to warn claim likely to be recognized by state court, unsupported fraud claims dismissed (W.D. Va.), 57
– Preemption, speakers argue merits of state tort actions and agency regulation, 478

MEDICAL MONITORING

– Perfluorooctanoic acid (PFOA), Teflon-related contamination, monitoring program rejected and class certification denied (D.N.J.), 36
– Zinc, cadmium, arsenic, and lead contamination, state-led cleanup not bar to challenge, suit remanded under CAFA (W.D. Okla.), 585

MERCURY

– Cement kilns, settlement includes EPA proposed emissions limits on existing plants (D.C. Cir.), 95; proposed consent decree requires publication of standards, 151; proposed rule released, 542; industry concerned, 733; activists urge adoption, 767
– Clean Air Mercury Rule (CAMR)

– – Emissions trading program, states, environmental, and American Indian groups oppose Utility Air Regulatory Group and EPA request for review (U.S., brief filed), 147; EPA to set standards, government moves to dismiss, 209; new administration has opportunity to use MACT, coordinate CAMR and CAIR, 248; (rev den), 274
– – Outlook 2009, 117

– Mining contamination, Sunoco seeks clarification of effect on state statutes of repose (U.S., rev sought), 344; (rev den), 754
– Multiple chemical sensitivity (MCS) and broken blood pressure monitor, evidence lacked Daubert reliability, suit dismissed (S.D.N.Y.), 8; motion to vacate denied, 267
– Power plants

– – Coal-fired, state emissions limits preempted by CAA (Pa. Commonw. Ct.), 183
– – Emissions control

See LEGISLATION, FEDERAL, HR 1841

– Thimerosal-containing vaccines

– – Autism

– – – Epidemiologist testimony barred (Md.), 750
– – – Special master finds no link (Fed. Cl.), 234

– – Neurological damage, design defect claims not preempted by Vaccine Act (U.S., rev sought), 660; Solicitor General view sought, 698

– Tuna

– – Canning companies need not warn consumers of naturally occurring contaminant (Cal. Ct. App.), 370
– – Packaging and labeling, federal agency actions preempt suit, seafood producer argues (U.S., rev sought), 92; opposing brief filed, 447; (rev den), 531

MESOTHELIOMA

See generally ASBESTOS

METALS

– Beryllium, NASA worker hypersensitivity to potentially toxic substance not compensable injury (5th Cir.), 88
– Clean Water Act (CWA)

– – Discharges, Patriot Coal to pay $6.5M and implement preventive measures (S.D.W. Va.), 214
– – Iron, zinc, copper and other solids in waste discharge, Atlantic Wire pleads guilty, settles for $1.5M (Conn. Super. Ct.), 44

– Coal-ash sludge, residents allege TVA spill was foreseeable, seek damages (E.D. Tenn.), 263
– Electroplating

See ELECTROPLATING

– Lead

See LEAD

– Precious metals recovery business ordered to identify and clean up contaminants under state Hazardous Waste Act (Colo. Dist. Ct.), 382
– Zinc

– – Cadmium, arsenic, and lead contamination, state-led cleanup not bar to challenge, suit remanded under CAFA (W.D. Okla.), 585
– – Dental cream causing copper deficiency and neurological injuries, MDL panel consolidates suits, 725
– – Mining contaminant release, ASARCO $1.1B settlement approved (Bankr. S.D. Texas), 731

METOCLOPRAMIDE

– Brand-name manufacturer denied review re liability to patients using generic equivalents (Cal.), 136
– Harm from long-term use, removal proper (E.D. Pa.), 560
– Neurological injuries, MDL panel denies consolidation motion, 726
– State failure-to-warn claims survive preemption, claims re brand name drugs dismissed (W.D. Okla.), 413
– Tardive dyskinesia

– – Brand-name manufacturers not liable for failure to warn generic equivalent user (W.D. Ark.), 661
– – Federal labeling law does not preempt failure-to-warn claims (D. Vt.), 41; interlocutory review denied, 534
– – Long-term use, manufacturers must add warning label per FDA, 313

MICHIGAN

– Chemicals, draw compounds, sophisticated user status bars most GM worker claims against supplier, negligence claims may proceed (Mich. App. Ct.), 264
– CWA, shopping center developer agrees to wetlands restoration, fine, and settlement (E.D. Mich.), 15
– Dow Chemical Co., dioxins

– – Midland plant cleanup, EPA, state, and Dow begin talks, 46
– – West Michigan Park site, Dow will clean under EPA supervision, 316

– Product liability suits, law protecting drug manufacturers repealed, 477
– Real estate contamination, possibility of finding continuing tortious acts does not extend limitations period on state claims (W.D. Mich.), 440
– Superfund, Kalamazoo River site, PCBs, Georgia-Pacific to spend $10M on cleanup, 729

MILITARY

See ARMED SERVICES

MINING

– Clean Water Act (CWA)

– – Contamination, government moves to dismiss citizen suit, says CERCLA pre-cleanup bars suit (W.D. Wash.), 342
– – Gold waste discharge, froth-flotation mills, regulatory jurisdiction (U.S., oral arg), 62; Army Corps permit upheld (judg rvs), 758
– – Rock Creek, Alaska gold mine, storm water discharge claims settled (D. Alaska), 636

– Coal

See COAL

– Copper

See generally COPPER

– Fraudulent stock transfer, Grupo Mexico must pay $6B to ASARCO (S.D. Texas), 511; $1.1B settlement approved, 731
– Mountaintop mining waste, prohibition on dumping into rivers and streams

See LEGISLATION, FEDERAL, HR 1310

– Stream buffer-zone rule, Outlook 2009, 114
– Superfund

– – Contribution, polluter may not recover more than damages suffered (10th Cir.), 668
– – Mercury contamination, Sunoco seeks clarification of effect on state statutes of repose (U.S., rev sought), 344; (rev den), 754

MINNESOTA

– Perfluorooctanoic acid (PFOA), 3M granted summary judgment rejecting personal injury claims for Scotchgard and Teflon manufacturing waste disposal (Minn. Dist. Ct.), 4; jury finds no property devaluation, 748
– Poultry waste, insured must help insurer pursue defense contribution (Minn. Ct. App.), 673
– Salmonella, contaminated peanut butter, Peanut Corp. of Am., son may seek punitive damages for death of mother (D. Minn.), 202
– Universal waste rule, industry seeks EPA clarification on proposal to include hazardous waste, MPCA criticizes lack of reduction incentives, 351

MISSISSIPPI

– CAA, hydrocarbon, nitrogen oxide, and carbon monoxide emissions, Chinese-made nonroad engines importer charged (D.D.C.), 675

MISSOURI

– Cost recovery, §107, response costs may be recovered re Westinghouse settlement despite lack of EPA involvement (E.D. Mo.), 482
– CWA, pesticides, company and owner plead guilty to illegal discharge and improper waste storage (W.D. Mo.), 182
– Fen-phen and pulmonary hypertension, in pari delicto, use of wife's medication, summary judgment denied (E.D. Pa.), 506
– Mold, exclusion clauses in building owner commercial insurance policy bar coverage (W.D. Mo.), 481
– Motor vehicle emissions tests, inspector pleads guilty to falsifying results (E.D. Mo.), 12
– RCRA, St. Louis-area metal plating firm owner sentenced for illegal hazardous waste disposal (E.D. Mo.), 320
– Wrongful death, $20M award to smoker survivors lacks support, remanded for new trial on punitive damages (Mo. Ct. App.), 7

MOLD

– Indemnification, subcontractor faulty materials not covered in CGL policy, insurer must pay costs for spread (4th Cir.), 242
– Pollution exclusion clauses

– – Building owner commercial insurance policy bars coverage (W.D. Mo.), 481
– – Condominium management over-watering is not discharge of pollutants (Cal. Ct. App.), 199

– Respiratory problems, unreliability of scientific causation evidence warrants dismissal (N.Y. App. Div.), 36
– Statutes of limitations, Oregon Residential Landlord Tenant Act (ORLTA) does not bar common law negligence claim, reinstated and remanded (Or.), 56

MONTANA

– Asbestos, W.R. Grace

– – Criminal trial scheduled, Outlook 2009, 106
– – Libby site

– – – EPA administrator agrees to visit, 100
– – – Public health emergency declared, $6M federal medical aid awarded, 765
– – – Tremolite cleanup, EPA releases report, 591
– – – Vermiculite mine, trial set on knowing endangerment charges (D. Mont.), 147; product tests and indoor air studies testimony allowed, 275; opening statements, 320; defense says EPA negligent in protecting town, 418; motion to dismiss denied re most defendants, 562; second defendant dismissed, 588; jury finds not guilty on all counts, separate trial remains, 608; indictment against last defendant dismissed, 730

– Hazardous waste, Burlington Northern and Santa Fe Ry. subject to joint and several liability for cleanup under state superfund law (Mont. Dist. Ct.), 278
– Mining contaminant release, ASARCO $1.1B settlement approved (Bankr. S.D. Texas), 731
– Radiation exposure on oil rig, subcellular damage as bodily injury (U.S., rev sought), 6

MOTOR VEHICLES

– Auto fluff dump, bankruptcy estate would pay $8.3M for Superfund cleanup under proposed consent decree (Bankr. N.D. Ill.), 671
– Cal. port clean-trucks program likely unconstitutional, remanded for injunction (9th Cir.), 422; preliminary injunction granted (C.D. Cal), In Brief, 590
– Carbon monoxide poisoning, risk from van parked outdoors with improperly installed exhaust system not obvious, summary judgment reversed (11th Cir.), 264
– Chemicals, draw compounds, sophisticated user status bars most GM workers claim against supplier, negligence claims may proceed (Mich. App. Ct.), 264
– Greenhouse emissions

– – Clean Air Act (CAA)

– – – Endangerment finding, state attorneys general ask for quick decision, 217; EPA decision expected soon, 322; EPA sends proposed rule to White House, 422; White House clears proposal, 513; proposed rule released, 541; OMB memo notes impact on small business, 612; national standards expected soon , 732; U.S. Chamber of Commerce seeks formal hearing, 766
– – – Motor vehicle efficiency standards, EPA told to review state waiver requests, 150; EPA to hold hearings, take comments on possible reversal, 215; hearing date and comment deadline set, 281; proposed finding of endangerment to issue soon, 384
– – – Preemption of state regulations, presidential memo restrains agency exercise, 662

– – Outlook 2009, 108
– – Tests, inspector pleads guilty to falsifying results (E.D. Mo.), 12

– Trichlorethylene (TCE), class action may proceed despite Superfund cleanup activities (S.D. Ohio), 558

MULTIDISTRICT LITIGATION (MDL)

– Accutane and suicide, failure to warn, summary judgment for manufacturer proper under Wis. law (11th Cir.), 724
– Avandia, failure to warn, cases lacking federal question or fraudulent joinder remanded (E.D. Pa.), 310
– Blood factor concentrate, Taiwanese hemophiliacs alleging contaminated products may keep case in Cal. for time-bar determination (N.D. Ill.), 137; suit barred, 504
– Celexa and Lexapro, class action may not consolidate with MDL proceeding (E.D. Mo.), 659
– Dental cream with zinc causing copper deficiency and neurological injuries, MDL panel consolidates suits, 725
– Drywall, homeowners and builders allege Chinese-manufactured product releases toxins (M.D. Fla.), 201; sulfur and other chemicals found, Nelson (D-Fla) and investigators sickened after visiting homes, 665; MDL panel consolidates suits, 725
– Fluoropolymers in grout sealer, CPSA does not create private cause of action re failure to report hazards, summary judgment for manufacturers and sellers (N.D. Ga.), 724
– Formaldehyde exposure in FEMA trailers, class certification denied, multidistrict suit on disparate issues will proceed as mass joinder (E.D. La.), 4; trial set, 502; state tort claims preempted, 657
– Metoclopramide and neurological injuries, MDL panel denies consolidation motion, 726
– Neurontin and suicidal behavior, general causation evidence allowed (D. Mass.), 603; class certification denied, 626
– 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
– Seroquel and diabetes, 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
– Teflon-coated cookware toxicity, plaintiffs voluntarily dismiss suits (S.D. Iowa), 625
– Zyprexa and diabetes and weight gain, plaintiff causation expert excluded (E.D.N.Y.), 628; manufacturer wins summary judgment re failure to warn, 699