Civil Procedure Business Torts Environmental

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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

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

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

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

Protecting Investigative Materials

A great summary of Attorney Client and Work Product Privilege in the context of an internal investigation. Something you should keep in mind when bad things happen....more

An Exaggerated And Ill-Conceived Sense Of Risk: The Ephemeral Nature Of California’s Proposition 65

A comprehensive review of the structure and function of California's Proposition 65 and its impact upon the business community. ...more

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