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Toxic torts

Smith v. Carbide & Chems. Corp.

The Sixth Circuit reversed and remanded summary judgment for defendants on plaintiffs' claims of intentional trespass, permanent private nuisance, and strict liability based on alleged soil and groundwater contamination of their real...

Anderson v. Dow Chem. Co.

The court affirmed a lower court's grant of summary judgment in favor of a chemical company in a lawsuit failed against it by approximately 600 former residents of a trailer park in Plaquemine, Louisiana, for groundwater contamination....

Mobaldi v. CER Corp.

The court dismissed individuals' claims for personal injuries and property damage against a company that contracted with an oil and gas corporation that engaged in radioactive tracer "fracing" near the individuals' property in the early...

Mattis v. Carlon Elec. Prods.

The court approves a district court award of damages to an individual who was diagnosed with reactive airways dysfunction syndrome (RADS) after inhaling cement fumes. The court first holds that the expert testimony offered by the...

Hanford Nuclear Reservation Litig.

The court holds that a district court erred in granting summary judgment to a nuclear facility operator sued by individuals for injuries allegedly arising out of their exposure to radioactive emissions from the facility. The district...

Anthony v. Chevron, USA, Inc.

The court affirms a district court holding that individuals failed to provide sufficient evidence of causation and damages to reach the jury on either water or soil pollution claims brought against an oil company. The individuals own...

Bonner v. ISP Technologies, Inc.

The court affirms a district court decision upholding a jury verdict ordering the manufacturer of an organic cleaning solvent to pay an assembly line worker $2.2 million in damages for injuries she sustained after being sprayed with the...

In re Collins

The court denies individuals' petition for a writ of mandamus directing a judicial panel on multidistrict litigation to remand the individuals' punitive damages claims for asbestos exposure for trial together with their personal injury...

Bielicki v. Terminix Int'l Co.

The court upholds a jury verdict awarding punitive damages to three individuals who suffered injuries after the employee of a pest control company sprayed toxic pesticides in the individuals' workplace while they were working. Under New...

Kennedy v. Southern Cal. Edison Co.

The court reverses and remands a district court decision dismissing a wrongful death action brought by the deceased's family and holds that a special jury instruction should have been given allowing for the possibility that exposure to...