California Archives

Category: California

October 17, 2019 • California

We Need to Talk … It’s Not Me, It’s You: EPA Accuses California of Worsening Environmental Issues

EPA Administrator Andrew Wheeler has accused California of “failing to meet its obligations” to protect the environment, claiming that the state’s growing homeless population threatens its water quality. In an oversight letter, Administrator Wheeler charged California officials with failing to meet federal health standards in numerous communities where large homeless populations litter the streets with … Continued

October 10, 2019 • California, Other Asbestos News

Defense Verdict for Talc Defendant After Retrial

CALIFORNIA – In a case that was originally declared a mistrial in 2018 after a jury could not reach a verdict, yesterday a Los Angeles jury found that the defendant Johnson & Johnson’s (J&J) talcum baby powder did not cause the mesothelioma of the plaintiff, Carolyn Weirick. While the plaintiff purported to present evidence of … Continued

October 8, 2019 • California, Other Asbestos News

New California Law Limits Length of Asbestos Depositions

CALIFORNIA – California Gov. Gavin Newsom recently signed a bill which imposes significant time limits on the deposition of the plaintiffs suffering from mesothelioma. Under the law, the deposition of a plaintiff suffering from mesothelioma is limited to seven hours if a licensed physician provides a declaration stating that the individual has mesothelioma and there … Continued

October 7, 2019 • Appeal, California

Appellate Court Affirms Order for New Trial and Denial of Post-Judgment JNOV

CALIFORNIA — Following the conclusion of an extensive trial and creation of a special verdict form, the jury deliberated and rendered a special verdict in favor of one plaintiff, awarding substantial economic and noneconomic damages. However, the trial signed a judgment in favor of the defendant. Post judgment, the trial court denied the plaintiffs’ motion … Continued

September 26, 2019 • California

California v. Trump Administration Round LX: California and EPA War Over Vehicle Emission Standards

The Trump administration’s ongoing war with California over environmental standards has now reached a fever pitch. On September 19, 2019, the EPA announced that it will revoke the Clean Air Act waiver historically granted to California, which has allowed the state to set its own auto emission standards. The next day, California and 23 other states filed … Continued

August 13, 2019 • California, Remand/Removal

California Case Removed During Jury Selection Sent Back to State Court

CALIFORNIA – The plaintiff, Arthur Putt, filed suit in Los Angeles Superior Court on December 3, 2018, alleging he developed mesothelioma from his use of automobile brakes. Among the 16 defendants sued were Ford, Pneumo Abex and Pep Boys. On August 7, 2019, jury selection began with Ford and Pep Boys participating. Pneumo Abex did … Continued

August 1, 2019 • California

$2 Billion Glyphosate Verdict Weed Whacked To $86.7 Million

On July 25, 2019, Judge Winifred Smith of the Alameda County, California Superior Court reduced a $2 billion judgment entered by a jury against Monsanto Company, holding that the damages award was unconstitutionally high. The damages award was the third against the Bayer AG subsidiary in cases regarding whether popular herbicide Roundup causes Non-Hodgkin’s lymphoma. The court … Continued

July 25, 2019 • California, Legislation

Three Steps Forward, Three Steps Back- California Moves Forward With Legislation to Adopt Overturned Federal Regulations

In a move that seems tailor-made to create additional litigation, California legislators are considering legislation that would automatically adopt any federal environmental regulations that are weakened or eliminated by the federal government. “SB 1 ensures clean air, clean water, endangered species, and worker safety standards that have been in place for as long as 50 … Continued

July 18, 2019 • California, CERCLA, EPA

Tug-of-War: EPA and States Take Opposing Action on 1,4-Dioxane

On June 28, 2019, the EPA released its draft risk evaluation for 1,4-Dioxane. The EPA’s initial determination was that 1,4-Dioxane poses no unreasonable risks to the environment and no unreasonable risks to occupational non-users. However, the EPA also concluded that the chemical presents unreasonable risks to workers in certain circumstances. The same day, the California Department of Toxic … Continued

June 27, 2019 • California, Summary Judgment

Naval Contractor’s Summary Judgment Win Overturned on Appeal

CALIFORNIA – Yesterday, a three-judge panel reversed a California trial court’s grant of summary judgement for the defendant, Triple A Machine Shop (Triple A), Inc., and remanded the matter to the trial court for further determination of Triple A’s arguments in support of summary adjudication. The decedent, Michael Harris, sued Triple A, among others, and … Continued