Civil Procedure – May 23, 2012

by King & Spalding on 5/8/2012

The development of natural gas wells using hydraulic fracturing technology—fracking — has grown exponentially and increased natural gas reserves to record levels. Hydraulic fracturing requires the discharge of significant...more

by Foley Hoag LLP - Environmental Law on 5/2/2012

The Lower Fox River Superfund site continues to pump out decisions on key CERCLA issues. Most recently, the federal court in Wisconsin in US v. NCR Corp. took on the issue of divisibility of harm in granting a preliminary...more

by McAfee & Taft on 4/13/2012

BP accused Halliburton of destroying evidence that could be important in the litigation over responsibility for the Deepwater Horizon oil spill (In re: Oil Spill, E.D. La., No. 2:10-md-2179, 12/5/11). BP questioned whether a...more

by Sedgwick LLP on 4/10/2012

The U.S. District Court for the Eastern District of Louisiana has been handling hundreds of consolidated cases (involving more than 100,000 individual plaintiffs) brought in the wake of the explosion, fire and capsizing of...more

by McKenna Long & Aldridge LLP on 3/28/2012

On March 20, 2012, a federal judge in Mississippi dismissed for the second time Comer v. Murphy Oil USA, Inc., a lawsuit by various Mississippi property owners against numerous oil, coal, and chemical companies seeking tort...more

by Sedgwick LLP on 3/13/2012

Courts have traditionally construed federal jurisdiction of environmental statutes expansively, consistent with their remedial intent. However, recent opinions in Voggenthaler v. Maryland Square, LLC, Case 2:08-cv-1618 (D....more

by Greenberg Glusker Fields Claman & Machtinger... on 3/9/2012

This week, in the case of Solutia, Inc. and Pharmacia Corp. v. McWane, Inc. (Solutia), the Eleventh Circuit held that a party that performs a cleanup in compliance with a consent decree has no right under the Comprehensive...more

by Dechert LLP on 2/29/2012

The traditional single claim rule requires a plaintiff to bring at one time a suit for all the injuries arising from the same accident or incident, or risk being barred.  In the toxic tort context, the...more