Legal Resources
Insurance Documents Must Be Turned Over In Coverage Dispute
In a recent decision by the Pennsylvania Federal Court involving a coverage dispute between two insurance carriers over underlying asbestos suits, U.S. District Judge Berle M. Schiller ordered that internal documents must be turned over despite arguments that they are...
Ye Be Warned: Do Not Rely On Mere Presumptions
Two Lead Class Actions Revived By Sixth Circuit
On July 28, 2017, the Sixth Circuit court revived two class action lawsuits regarding lead-contaminated drinking water in Flint, Michigan, finding that the Safe Drinking Water Act does not preempt the lawsuits from proceeding. The two lawsuits, Boler v. Earley and...
Johnson & Johnson Stops Class Action Ovarian Talc Case
On July 14, 2017, the New Jersey federal court ruled in favor of Johnson & Johnson in its effort to block a class action filing based on claims that the company failed to disclose the alleged ovarian cancer risks of its talcum powder product. The ruling is a...
Court Bars Evidence In the California Talc Litigation Trial
CMBG3 previously reported on the first talcum powder ovarian cancer case in California that is anticipated to start trial today. Last week, the Court heard arguments on various pre-trial motions and on Thursday, ordered the parties to start jury selection on Friday....
Scope of Wetlands Protection Act Ruled On By MA Court
In June of 2017, the Massachusetts Appeals Court addressed the scope of authority of the Wetlands Protection Act (WPA) over commercial fishing using hydraulic dredging methods. In addition, the Court addressed whether a town by-law prohibiting hydraulic dredging with...
Lead Paint Grants Given to New Hampshire and Vermont
The U.S. Department of Housing and Urban Development (HUD) recently awarded Lead-Based Hazard Control grants to states to assist with the financial burden of deleading homes in the states’ housing stocks. As part of the grants, New Hampshire received $5.8...
Another Company Fined For Violation of Asbestos Laws
The Massachusetts Attorney General’s Office recently obtained a preliminary injunction against Clean Air Environmental, Inc. for alleged violations related to the abatement, storage, and disposal of asbestos waste. In June, the Attorney General’s Office...
Missouri Court of Appeals May End Talc Cases Docket
On February 24, 2016, the first jury verdict in a talcum powder ovarian cancer lawsuit returned in favor of the plaintiff, Jacqueline Fox. The Missouri jury awarded the plaintiff $72 million in damages. Johnson & Johnson, who the jury found liable for the...
Developer Fined $98,150 For Violating Asbestos Laws
The Massachusetts Department of Environmental Protection (MassDEP) fined developer Peninsula Home Builders, Inc. $98,150 for various asbestos violations found at a residential renovation project in Brookline, Massachusetts. MassDEP discovered the violations after...
First California Talcum Powder Trial Set To Begin
As CMBG3 reported earlier this year, the first California case (Eva Echeverria v. Johnson & Johnson, number BC628228, in the Superior Court of California for Los Angeles County) against Johnson & Johnson regarding allegations of ovarian cancer caused by talcum...
Recycling Company Sued By MA For Wetlands Damage
In June 2017, a New Hampshire-based recycling and renewable energy company, its manager, and its operator were sued by the Attorney General for the Commonwealth of Massachusetts for allegedly damaging protected wetland resources, illegally transporting and storing...