Marc Brainich

Marc Brainich

Sedgwick LLP

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New York District Court Holds Lessee Not Liable Under CERCLA as an Owner

A New York federal district court recently held that a lessee will not be found liable under CERCLA as an owner where the lessee does not possess sufficient indicia of ownership. (Next Millennium Realty, LLC v. Adchem Corp.,...more

12/3/2014 - CERCLA Commercial Leases Contaminated Properties Environmental Liability Lessee Property Owners

Texas Supreme Court Declines to Address Recovery for Stigma Damages in the Absence of a Permanent Physical Injury to Property

In a closely watched case, the Texas Supreme Court recently declined to address the issue of a right to recover damages for “stigma” in the absence of a permanent physical injury to property. (Houston Unlimited, Inc. v. Mel...more

10/13/2014 - Contamination Property Damage Property Valuation

U.S. Court of Appeals Dismisses Almost All Claims of Ecuadorian Provinces and Individual Plaintiffs Against DynCorp

The U.S. Court of Appeals for the District of Columbia recently affirmed the dismissal of all but three claims brought by individual and government entity plaintiffs against defendant DynCorp based on claims of injury by an...more

7/7/2014 - Dismissals Expert Testimony Hazardous Substances

Ninth Circuit Upholds BLM’s Environmental Assessment Allowing Expansion of the Reid Gardner Generating Station

The Ninth Circuit Court of Appeals recently upheld summary judgment in favor of the Bureau of Land Management (BLM) regarding its assessment of the potential environmental impact of a proposed expansion of the Reid Gardner...more

1/3/2014 - Bureau of Land Management Energy Environmental Assessments NEPA Power Plants

California Appellate Courts Impose Significant Limitations on Plaintiffs’ Claims for Medical Damages

In two recent opinions, the California Court of Appeal has clarified and expanded the scope of the California Supreme Court’s holding in Howell v. Hamilton Meats and Provisions, Inc., 52 Cal.4th 541 (2011), regarding the...more

5/16/2013 - Damages Health Insurance Medical Expenses

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