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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 1:00-1898, MDL 1358(SAS), M 21-88, 04-Civ-2389, 04-Civ-5424, 04-Civ-3417, 04-Civ-4968
Regular Panel Decision
Oct 10, 2006

In Re Methyl Tertiary Butyl Ether (MTBE) Products

This consolidated multi-district litigation (MDL) concerns groundwater contamination by the gasoline additive MTBE and its degradation product, TBA. Defendants moved for summary judgment in several New York actions and one Orange County Water District action, arguing plaintiffs lacked Article III standing because the contamination levels were below the Maximum Contaminant Level (MCL), thus not constituting an "injury-in-fact." The court analyzed whether the MCL defines the scope of a legally protected interest, distinguishing prior cases involving private well owners or those where remediation expenses were not directly linked to contamination. The court concluded that MCLs are regulatory standards for water providers, not a strict definition of what constitutes an injury for tort liability. It determined that contamination below the MCL can still cause a cognizable injury due to monitoring, testing, treatment costs, and issues like taste and odor. The court denied defendants' motions for summary judgment, finding that factual disputes remain regarding the extent of plaintiffs' alleged injuries from low-level MTBE contamination, making a summary judgment ruling premature.

Groundwater ContaminationMTBE LitigationTertiary Butyl Alcohol (TBA)Product LiabilityMulti-District Litigation (MDL)Article III StandingSummary JudgmentMaximum Contaminant Level (MCL)Environmental LawWater Quality Standards
References
60
Case No. MISSING
Regular Panel Decision

B.C.F. Oil Refining, Inc. v. Consolidated Edison Co. of New York, Inc.

BCF Oil Refining, Inc. sued Consolidated Edison Co. of New York and Miller Environmental Group, Inc. (MEG), alleging negligence and breach of warranty regarding the distribution of PCB-contaminated oil. MEG, a transporter, filed a motion for summary judgment. The court determined that while MEG owed a duty of reasonable care, BCF failed to demonstrate that MEG breached this duty, as BCF and Con Edison had the primary legal obligations to test for hazardous materials. Additionally, BCF's claims of express and implied warranties against MEG were rejected due to a lack of reliance on MEG's affirmations. Consequently, the court granted MEG's motion for summary judgment and dismissed BCF's case against MEG in its entirety.

Summary JudgmentNegligenceBreach of WarrantyToxic Substances Control ActHazardous WastePCBsTransporter LiabilityDuty of CareEnvironmental LawForeseeability
References
17
Case No. No. M21-88, MDL 1358
Regular Panel Decision

United Water New York, Inc. v. Amerada Hess Corp.

This consolidated multi-district litigation (MDL) involves plaintiffs seeking relief from groundwater contamination caused by defendants' use of the gasoline additive MTBE and/or its degradation product TBA. Defendants moved for summary judgment, arguing that plaintiffs lacked Article III standing because the alleged MTBE contamination was below the Maximum Contaminant Levels (MCL) and thus did not constitute a cognizable 'injury-in-fact.' Plaintiffs, including New York water purveyors and the Orange County Water District, countered that their statutory duties require them to address contamination even below MCLs, incurring costs for monitoring, testing, and treatment, and facing taste and odor issues. The court concluded that MCLs serve as a guidepost but do not definitively limit what constitutes a legally cognizable injury, noting that plaintiffs have duties to act before contamination reaches MCLs. Furthermore, the court found factual disputes regarding specific alleged injuries (e.g., taste/odor complaints, increased treatment costs, well shutdowns) to be premature for summary judgment. Therefore, defendants' motions for summary judgment were denied.

Multi-district litigationGroundwater contaminationMTBETBASummary judgmentArticle III StandingInjury-in-factMaximum Contaminant LevelWater quality standardsEnvironmental law
References
51
Case No. MISSING
Regular Panel Decision
Jan 01, 1985

Brewer v. Monsanto Corp.

The federal court in Waynesboro, Tennessee, addressed motions to dismiss in a class action lawsuit filed by employees and their family members against Monsanto, Duracell, and Emhart Industries. Plaintiffs alleged injuries and property damage from PCB contamination at a manufacturing plant previously owned by Duracell and then Emhart, claiming negligence, fraudulent concealment, and nuisance. Chief Judge Wiseman ruled on various grounds, including defective pleading under federal rules, worker's compensation exclusivity under Tennessee law, and vendor liability for real property. The court largely denied the defendants' motions, allowing most claims—including those for fraud, intentional torts, direct personal injury to family members, property damage, and nuisance—to proceed. However, the motion to dismiss claims for non-nuisance defects after the property transfer was granted, as the court found no Tennessee precedent to extend vendor liability beyond nuisance in such contexts.

Environmental lawToxic tortPCB contaminationWorker's Compensation exclusivityFraudulent concealmentNuisanceProperty damageVendor liabilityMotions to dismissFederal Rules of Civil Procedure
References
39
Case No. MISSING
Regular Panel Decision

HLP Properties, LLC v. New York State Department of Environmental Conservation

Petitioners, including HLP Properties, LLC, challenged the New York State Department of Environmental Conservation's (DEC) 2007 denial of their application to enroll a contaminated Manhattan site in the Brownfield Cleanup Program (BCP). The site, formerly a manufactured gas plant, was heavily contaminated with coal tar and other hazardous substances, with petitioners seeking BCP benefits for redevelopment into residential and commercial highrises. DEC justified its denial by applying internal 'guidance factors' that deemed the property not 'idled, abandoned, or underutilized' and its redevelopment not 'complicated by contamination,' citing an existing voluntary cleanup agreement with nonparty Con Edison. The court ruled that DEC's application of these extra-statutory guidance factors constituted an unlawful attempt to legislate, going against the clear legislative intent of the BCPA to encourage voluntary remediation of contaminated sites. Consequently, the court reversed DEC's decision, declaring the property a 'brownfield site' under the statute and ordering its acceptance into the BCP, while denying petitioners' claim for costs and disbursements.

Brownfield Cleanup ProgramEnvironmental Conservation LawCPLR Article 78Administrative Agency OverreachStatutory ConstructionVoluntary RemediationContaminated Land RedevelopmentJudicial Review of Agency ActionEconomic Guidance FactorsLegislative Intent
References
20
Case No. MISSING
Regular Panel Decision

Marks v. County of Tompkins

A claimant, formerly employed as a social welfare examiner for Tompkins County, developed multiple chemical sensitivity allegedly due to poor air quality and environmental contaminants at her workplace in the Biggs A building. She filed for workers' compensation benefits, asserting a causal link between her condition and her employment. The Workers’ Compensation Board denied her claim, concluding there was no scientific evidence to support a causal relationship, as air quality tests showed contaminant levels below permissible limits. The claimant appealed, challenging the Board's assessment of medical evidence. The appellate court affirmed the Board’s decision, reasoning that expert opinions linking the condition to the workplace were based on unsubstantiated assumptions regarding the presence of contaminants and that no unusual environmental factors caused her gradually developing ailment.

Occupational DiseaseMultiple Chemical SensitivityCausal RelationshipAir Quality StandardsEnvironmental ToxinsExpert Witness TestimonyEvidentiary SupportGradual Onset InjuryIndustrial HygieneWorkers' Compensation Board Appeal
References
10
Case No. No. 07 Civ. 10470
Regular Panel Decision

In re Methyl Tertiary Butyl Ether

This case is a consolidated multi-district litigation concerning actual or threatened groundwater contamination caused by defendants' use of the gasoline additive methyl tertiary butyl ether (MTBE) and its breakdown product, tertiary butyl alcohol. The Commonwealth of Puerto Rico alleges that the defendants, including Shell Western Supply and Trading Limited and Shell International Petroleum Company Limited, have contaminated or threatened to contaminate groundwater within its jurisdiction. The defendants moved for partial summary judgment, arguing the Commonwealth's claims were time-barred. The court discusses the prospective application of Puerto Rico's statute of limitations tolling rules, specifically the Fraguada decision which overturned the Arroyo rule. The court ultimately denies the defendants' motion, concluding that the Commonwealth's claims are timely, as Fraguada ended the previous indefinite tolling period and restarted a one-year statute of limitations, within which the defendants were added.

MTBE contaminationGroundwater pollutionStatute of limitationsTolling rulesMulti-district litigationSummary judgmentPuerto Rico Civil CodeJoint and several liabilityProspective application of lawEnvironmental litigation
References
33
Case No. MISSING
Regular Panel Decision

Emerson Enterprises, LLC v. Kenneth Crosby New York, LLC

This action involves environmental contamination of a property at 640 Trolley Drive in Gates, New York, owned by Plaintiff Emerson Enterprises, LLC. The contamination, involving PCBs, TCA, and acetone, originated from the dumping of cutting oil into a dry well by employees of Clark Witbeck, a former tenant, primarily before 1980. Plaintiff sued Dean Brodie, a former owner/operator of Clark Witbeck from 1980-1987, under CERCLA, RCRA, ECL, Navigation Law, and common-law torts. The Court granted summary judgment to Brodie on CERCLA, RCRA, ECL Article 37, Navigation Law § 176(8), trespass, and private nuisance claims, finding no evidence of dumping during his tenure or damage to adjacent properties. However, Brodie's motion was denied for negligence, strict liability, public nuisance, waste, equitable or implied indemnification, and restitution, as factual issues remain regarding his response to known past contamination. Plaintiff's cross-motion for summary judgment on Brodie's counterclaims was also granted due to lack of supporting evidence from Brodie.

Environmental ContaminationCERCLARCRAECLNavigation LawSummary JudgmentHazardous Waste DisposalStrict LiabilityNegligencePublic Nuisance
References
38
Case No. MISSING
Regular Panel Decision
Dec 16, 1983

Sterling v. Velsicol Chemical Corp.

This class action lawsuit was filed by residents against Velsicol Chemical Corporation, alleging personal injury and property damages due to chemical waste contamination. Plaintiffs, property owners and residents within a three-mile radius of Velsicol's chemical waste burial site in Hardeman County, Tennessee, claimed their home wells were contaminated by hazardous chemicals. The court found Velsicol liable on grounds of strict liability, common law negligence, trespass, and nuisance, citing gross negligence in the operation of the chemical waste dump. The court awarded compensatory damages totaling over $5 million to five representative plaintiffs and $7.5 million in punitive damages to the class, along with pre-judgment interest from July 1965.

Toxic WasteGroundwater ContaminationClass ActionStrict LiabilityNegligenceTrespassNuisancePersonal InjuryProperty DamagePunitive Damages
References
15
Case No. MISSING
Regular Panel Decision

Kent v. 534 East 11th Street

This appellate action stems from a plaintiff's attempt to evade the statute of limitations by reframing tort claims as breach of contract. The plaintiff alleged negligence, constructive eviction, damages, and nuisance stemming from roof work in 2002 that she claimed caused her apartment to be contaminated with dust and toxins, leading to health issues. The defendants were granted summary judgment, which was initially vacated upon reargument to allow for discovery. The appellate court reversed, granting summary judgment to the defendants, finding the original claims time-barred and the reframed breach of contract and warranty of habitability claims unsupported by evidence, including the lack of the proprietary lease and insufficient expert testimony on contamination and causation. The court concluded that further discovery would not yield relevant evidence to support the plaintiff's claims.

Statute of LimitationsBreach of ContractWarranty of HabitabilitySummary JudgmentMotion to ReargueEvidentiary StandardsExpert TestimonyCausationEnvironmental ContaminationReal Property Law
References
15
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