Bloomberg Law’s combination of innovative analytics, research tools and practical guidance provides you with everything you need to be a successful litigator.
By Peter Hayes
June 30 — Plaintiffs alleging a plume of toxic waste migrated to an elementary school must make preliminary causation showings before their claims may proceed, the Southern District of California ruled June 28 ( Trujillo v. Ametek, Inc., 2016 BL 209718, S.D. Cal., No. 15-CV-1394, 6/28/16 ).
The court granted a motion by Ametek Inc.—the owner of the site from which the plume allegedly migrated—for a Lone Pine order, a case management tool requiring plaintiffs to make a prima facie showing of injury and causation ( Lore v. Lone Pine Corp., 1987 BL 20 (N.J. Super. Ct. Law Div. 1986).
Before proceeding to class certification, the named plaintiffs must make a showing of exposure, increased risk of specific injury and causation, the court said.
It was significant that the state Department of Toxic Substances Control had found the level of toxic vapors at the school don't pose a danger to students and teachers, the court said.
“Where external agency decisions suggest that plaintiffs’ claims as to injury and causation are suspect, courts have found Lone Pine orders to be appropriate,” the court said.
Teachers and students at Magnolia Elementary School filed the complaint, alleging that a prior owner of the Ametek site dumped toxins in an underground waste storage tank, which leaked, causing a plume containing trichloroethylene, benzene, toluene and other contaminants.
Judge Gonzalo P. Curiel issued the ruling.
Baron & Budd in Dallas and Gomez Trial Attorneys in San Diego represent the plaintiffs.
Procopio, Cory, Hargreaves & Savitch, LLP in San Diego represents Ametek.
To contact the reporter on this story: Peter Hayes at email@example.com
Full text of the opinion available at http://www.bloomberglaw.com/public/document/Trujillo_v_Ametek_Inc_No_315CV1394GPCBGS_2016_BL_209718_SD_Cal_Ju.
Copyright © 2016 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)