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Vol. 24, Nos. 1-25, pp. 1-778 Jan. 1 -- June 25, 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
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
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
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
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
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
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 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
Autism
Epidemiologist testimony barred (Md.), 750
Special master finds no link (Fed. Cl.), 234
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
See generally ASBESTOS
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 Electroplating
See ELECTROPLATING
See LEAD
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
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
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 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
See ARMED SERVICES
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
See COAL
See generally COPPER
Mountaintop mining waste, prohibition on dumping into rivers and streams 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
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
CAA, hydrocarbon, nitrogen oxide, and carbon monoxide emissions, Chinese-made nonroad engines importer charged (D.D.C.), 675
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
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 Statutes of limitations, Oregon Residential Landlord Tenant Act (ORLTA) does not bar common law negligence claim, reinstated and remanded (Or.), 56
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 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
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 Tests, inspector pleads guilty to falsifying results (E.D. Mo.), 12
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 Contact the Webmaster at webmaster@bna.com Copyright © The Bureau of National Affairs, Inc. All Rights Reserved. |