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Advertising Law - July 2016 #2

VW Will Pay $14.7B in Largest FTC False Ad Suit - Volkswagen made a $14.7 billion deal with the Federal Trade Commission, the Department of Justice, and the California Attorney General over charges that the auto...more

Volkswagen proposes a settlement agreement with the U.S. Department of Justice. Judge Breyer sets a June 21 deadline for a...

Tris Coffin heads the Vermont Volkswagen Class Action litigation team at DRM that also includes Directors Bob Luce and Marc Heath. On the evening of April 20, a number of news outlets published stories that Volkswagen...more

Maryland Court of Appeals Opens Door to New Class of Inverse Condemnation Claims

A property owner states a valid claim for inverse condemnation where the owner alleges that its property was taken by the government's failure to act in the face of an affirmative duty to act, the Maryland Court of Appeals...more

Third Time Is the Charm for Refinery in Getting Claims Dismissed With Prejudice

In a case that tested a federal judge’s patience for inadequate pleadings, a Michigan federal court shut down a group of business owners’ repeated attempts to craft viable tort claims against an oil refinery in a...more

Texas Court: No Prejudice Required to Deny for Late Reporting Under a Claims-Made Policy

This summer in Nicholas Petroleum, Inc. v. Mid-Continent Cas. Co., 2015 WL 4456185, 2015 Tex. App. LEXIS 7489 (Tex.App., Jul. 21, 2015), a Dallas panel of Texas’ intermediate level appellate court rejected policyholder...more

Supreme Court Declares Canadian Corporations may be Liable for Acts of Foreign Affiliates

In a just-released decision, Chevron Corp v Yaiguaje, 2015 SCC 42, the Supreme Court of Canada held that Canadian courts have jurisdiction to decide whether a foreign judgment can be enforced in Ontario against either or both...more

B.C. Court Allows Environmental Approvals Delay Claim to Proceed

In Carhoun & Sons Enterprises Ltd. v. Canada (Attorney General), the British Columbia Court of Appeal allowed a lawsuit to proceed against the federal government by a private developer for losses caused by delays in the...more

Update on 2013 Amendments to the Oregon Environmental Cleanup Assistance Act

In June 2013, the Governor of Oregon signed into law Senate Bill 814, which created sweeping reforms on environmental claims handling regulations and available remedies for insureds facing liability for cleanup of...more

Logging Company Awarded $1.75 million for B.C. Government's Failure to Consult

A recent decision of the B.C. Supreme Court suggests that recovering economic losses caused by blockades or activities that interfere with commercial activities will not be straightforward....more

Alabama Policyholder’s Bad Faith Claim Barred Where Basis of Coverage Denial Was Debatable Under Alabama Law

The U.S. District Court for the Northern District of Alabama, Southern Division, recently granted an insurer’s summary judgment with respect to a policyholder’s tort claim for the bad faith refusal to pay a claim, dismissing...more

In Alabama, Bad Faith Claim Defeated As A Matter Of Law Though Basis For Coverage Denial Was Debatable

A policyholder’s tort claim for the bad faith refusal to pay a claim was dismissed as a matter of law where a legitimate dispute existed as to coverage liability at the time of the coverage decision by the U.S. District Court...more

Sustainability Claims Warrant Extra Caution

Originally published in the Los Angeles Daily Journal on February 28, 2013. National Public Radio recently ran a series on "sustainable" seafood claims which raised concern regarding the validity of certain...more

Los Angeles Battle Over Owens Lake Dust Mitigation Costs Boils Over

There’s a dust up occurring between the City of Los Angeles and the Great Basin Unified Air Pollution Control District (“Great Basin”). What’s the dust up about? Dust! Yes, even something as naturally occurring and...more

Insurance Coverage For Long Tail Injuries In California

The California Supreme Court recently ruled, in a case involving environmental damage at a State controlled waste site, that multiple insurers, who provided coverage to the State at different periods between 1964-1976, are...more

New Jersey Court: Jets and Giants Can’t Sideline American Dream Just Yet

New Jersey Court: Jets and Giants Can’t Sideline American Dream Just Yet by Robert Levy on September 26, 2012 A Bergen County Superior Judge has ruled that the New York Jets and New York Giants jumped the gun in filing...more

Insurance Coverage For Long Tail Injuries In California

The California Supreme Court recently ruled, in a case involving environmental damage at a State controlled waste site, that multiple insurers, who provided coverage to the State at different periods between 1964-1976, are...more

Ford v. Edgewood Properties, Inc. (USDC NJ 8/31/2012)

Ford v. Edgewood Properties, Inc. - RICO and Conspiracy Claims Against Environmental Consultant Survive MSJ

Ford v. Edgewood Properties, Inc. - RICO and Conspiracy Claims Against Environmental Consultant Survive MSJ In the Ford Motor Company v. Edgewood Properties, Inc., Case 2:06-cv-01278-ES-CLW (USDC NJ 8/31/12) case, Civil...more

California Files Suit Against Whittier to Stop Oil Leases

The City of Whittier, California wants to allow oil drilling on a 20 acre parcel of land purchased as part of a much larger parcel acquired by the City in the 1990’s using bond funds approved by Proposition A. The Santa...more

Proposed “Safer Consumer Product Regulations”

Draft regulations regarding toxic substances in consumer products were issued for comment by the California Department of Toxic Substances Control (DTSC) on July 27, 2012. Referred to as the “Safer Consumer Product...more

Solar Tariffs Slapped On Chinese Manufacturers Lead To Challenge And Opportunity At Home

The price of solar panels has fallen 80 percent the past two years and more than 50 percent in the last year alone, according to an article in the Los Angeles Business Journal. But recently the Chinese, who control about...more

Global Warming Solutions Act Starts To Heat Things Up In California

California enacted the Global Warming Solutions Act (AB 32) in 2006. The wide-reaching environmental law is aimed at reducing greenhouse gas emissions by implementing a market based cap-and-trade program tied to an...more

Court Rules Diesel Particulate Emissions Waste Is Not Solid Waste Under RCRA

The Resource Conservation and Recovery Act (RCRA) regulates discarded solid or hazardous waste. A recent lawsuit by environmental groups advanced a novel legal argument that diesel particulates found in diesel exhaust emitted...more

Chevron v. Naranjo, et al.

Second Circuit Opinion Dismissing Chevron's Attempt to Bar Enforcement of Ecuador Judgment.

The U.S. Court of Appeals for the Second Circuit in New York issued an opinion explaining its decision to overturn a district court injunction barring enforcement of the judgment outside of Ecuador. Chevron filed suit in...more

Pig Promise Produces No Prudhoe Pork For Plaintiff

What We’ve Got Here is A Failure to Pig In 2006, BP Exploration (Alaska) Inc. shut down its pipelines and oil production in Prudhoe Bay, Alaska after leaks were discovered in two of its pipelines. Both leaks resulted from...more

Washington Court of Appeals Heralds New Developments in Damages for an Insurer’s Bad Faith Duty to Defend

On April 4, the Washington Court of Appeals issued its decision in Unigard Insurance Company v. Mutual of Enumclaw Insurance Company. The case pertains to the scope of damages that may be assessed for an insurer’s bad faith...more

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