Copyright 2003 Andrews Publications, Inc.
Toxic Chemicals Litigation Reporter

May 15, 2003

Personal Injury Claim of Radioactive tailings from  Colorado uranium mill

Calif. App. Ct. Dismisses Toxic-Tort Claims Of Redlands Test Plaintiffs A California appeals court has ruled that the personal- injury claims of 28 test plaintiffs in the Redlands contamination lawsuit should be dismissed because their causes of action were barred by the one-year statute of limitations. Lockheed Martin Corp. v. San Bernardino County Super. Ct. P. 3.

10th Circuit Overturns $43 Million Judgment In Uranium Exposure Case The 10th Circuit has overturned a $43 million jury verdict in which residents alleged they were harmed by radioactive tailings from a uranium mill in Colorado. The panel said the trial court failed to perform its gatekeeping function under Daubert by admitting the plaintiffs' expert testimony. Dodge v. Cotter Corp. P. 4.

6th Cir. Affirms Dismissal for Failure To File Rule 26 Expert Report The 6th Circuit has affirmed the dismissal of a toxic-tort lawsuit because the plaintiff failed to file an expert report required by Federal Rule of Civil Procedure 26. The suit was brought by a rubber industry worker who alleged he was exposed to chemicals that caused him to develop a chemical sensitivity and, as a result, leave his job. Sexton v. Uniroyal Chem. Co. P. 5.

Nev. High Court Adopts New Failure-to-Warn Jury Instructions The Nevada Supreme Court, in adopting new strict-liability jury instruction guidelines, has reversed a verdict for a motor boat manufacturer in a case brought by the heirs of a man who died from carbon monoxide poisoning during a stay on a pleasure boat. Lewis v. Sea Ray Boats. P. 7.

Insurers Must Pay $189 Million to Asbestos Trust, L.A. Jury Finds Present liability for future asbestos claims can be reasonably estimated, a Los Angeles jury has found in returning a verdict that ordered three insurance companies to pay $188,739,014 -- nearly their full policy limits -- to the Fuller-Austin Asbestos Settlement Trust. The jury determined that Fuller-Austin's present liability for future asbestos claims to be $750 million. Fuller-Austin Insulation Co. v. Fireman's Fund Ins. Co. P. 8.

Supreme Court Denies Westinghouse Petition In Toxic-Tort Accrual Case Plaintiffs who say their cancers were caused by exposure to hazardous substances from a New York landfill will have their claims reinstated, now that the U.S. Supreme Court has refused to hear a challenge to a 2d Circuit ruling against Westinghouse Electric Corp. and the other companies that sent hazardous waste to the site. Westinghouse Elec. Corp. v. Freier. P. 9.

IBM Worker's Clean-Room Suit Dismissed By N.Y. Appellate Court A New York appeals court has dismissed a toxic-tort suit filed by a former IBM "clean room" worker who said he developed cancer after being exposed to toxic chemicals in the workplace. The panel said the suit was time-barred. Woron v. Union Carbide Corp. P. 10.

La. Ct. App. Says Suit Brought by Tulane Studen t Not Timely Filed A Louisiana appeals court has affirmed the dismissal of a toxic-tort suit brought by a former Tulane University student who says she was exposed to heavy metals as a result of her work-study activities. The panel said she failed to file the action within one year from the date of the injury. Grant v. Tulane Univ. P. 11.

Texas App. Ct. Affirms Dismissal; No Causation Between Cancer, Exposure A Texas appeals court has affirmed the dismissal of a suit brought by the family of a garment worker who developed brain cancer and died from alleged chemical exposure in the workplace. The court said the plaintiffs failed to show a link between the chemicals and the man's development of the disease. Quesada v. American Garment Finishers Corp. P. 12.