Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:
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Serving Legal Documents Through Social Media
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Bill on Bankruptcy: Sigmund Freud, Marx Brothers, Bernie Madoff
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Bill on Bankruptcy: Big Surprises For AMR, MF Global Creditors
Ninth Circuit Narrows Insurers' Options in Pursuing Subrogation Claims Under CERCLA - Why it matters: The Ninth Circuit confirmed that Chubb could have maintained a subrogation action against potentially liable parties...more
The U.S. District Court for the District of Rhode Island has vacated its 2010 summary judgment decision in Ashland Inc. v. GAR Electroforming, 729 F. Supp. 2d 526 (D.R.I. 2010), just days after receiving an amicus memorandum...more
In some jurisdictions, an environmental claim under a liability policy with a “sudden and accidental” pollution exclusion has the same prospect of success as a due process claim under the strict scrutiny standard — strict in...more
Policyholders with pollution-related liabilities in Pennsylvania scored another win in January, in the ongoing litigation battle with insurance companies that argue for the broadest possible interpretation of the "pollution...more
What you need to know: The US First Circuit Court of Appeals affirmed the trial court’s pro-rata, time-on-the-risk allocation of damages from environmental contamination in the long-running Boston Gas case. The court...more
In a recent ruling of interest to any company named as a potentially responsible party (“PRP”) at a Superfund site, the Alabama Supreme Court has held that a PRP letter constitutes a “suit” under a comprehensive general...more
In its recent decision in Travelers Cas. & Sur. Co. v. Ala. Gas Corp., 2012 Ala. LEXIS 174 (Ala. Dec. 28, 2012), the Supreme Court of Alabama addressed for the first time whether a PRP letter from the EPA qualifies as a...more
Most people would likely consider pollution to be a concept that is tied to harm to the environment -- contamination of soil, groundwater, or ambient air. Consistent with this common understanding of pollution, courts have...more
Like a comet which drags a long trail in its wake, large CERCLA cases in federal court often are accompanied by related insurance coverage cases in state court. That is true with the Lower Fox River Superfund Site in...more
In Scottsdale Insurance Co. v. Pursley, Slip Copy, 2012 WL 3553405 (11th Cir. Aug. 20, 2012), the U.S. Court of Appeals for the 11th Circuit rejected an attempt to limit the application of a commercial general liability...more
The First Circuit recently confirmed the traditional rule that it doesn’t take much to trigger an insurer’s duty to defend a policyholder against an environmental claim. In Travelers Casualty and Surety Company v. Providence...more
After waiting over three years since granting review in State of California v. Continental Insurance Co. the Supreme Court of California heard oral arguments in the case yesterday morning. This highly anticipated case...more
Federal courts placed a premium on up-to-date legal work in their 2011 Superfund decisions, as decisions turned increasingly on careful compliance with the latest pleading requirements and closer readings of the statutory...more
In its recent decision in AES Corporation v. Steadfast Ins. Co., 2012 Va. LEXIS 81 (Va. Apr. 20, 2012), the Supreme Court of Virginia revisited its 2011 ruling concerning whether a general liability carrier had a duty to...more
Een interview in het Agrarisch Magazine van Cunningham Lindsey, januari 2012...more
Six articles in this edition covering class actions, product liability, Sale of Goods Act implied conditions, spoliation, CGL coverage, pollution exclusions, new civil procedure rules in Ontario concerning experts, police...more
Gezien het toepassingsbereik van de tenzij-clausule in geval van doorlopende schade, zijn opstalbezitters in het algemeen en leidingbeheerders in het bijzonder vaker niet (geheel) aansprakelijk dan tot nu toe wordt...more
In an important decision further clarifying the application of the “sudden and accidental” pollution exclusion and the absolute pollution exclusion as it applies to pollution of a “watercourse or body of water,” the...more
The California Supreme Court just handed down another major decision in favor of policyholders in the Stringfellow Acid Pits litigation. A few months ago in that litigation, the California Court of Appeal ruled in favor of...more
In This Issue LAW NOTES canvasses a host of interesting and current topics including law suits that have no chance of success (summary judgment); insider trading exemptions; stipulated price contracts (CCDC 2);...more
Published in Mealey's Litigation Report -- Insurance...more
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