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Arizona Civil Verdicts, 2016

by Snell & Wilmer on

For the past 13 years, I’ve written the cover story of the state bar magazine, Arizona Attorney, about Arizona verdicts. The latest one is out. Here are 2016’s top Arizona verdicts, significant defense verdicts, punitive...more

Disposal of Contamination = Disposal of Evidence. Be Careful What You Throw Away!

by Snell & Wilmer on

In a recent unpublished case, the Superior Court of New Jersey held that the Plaintiff in a CERCLA case had committed spoliation when, during the course of the remedial activity, it disposed of various contaminated materials....more

Pro Te: Solutio - Vol. 9 No. 2 - Summer 2016

by Butler Snow LLP on

...With this issue, our focus shifts to one that often “dogs” us in serial and consolidated litigation: federal multi-district litigation. Our articles offer some insights into various aspects of MDLs, along with practical...more

Dallas Court of Appeals Reverses $2.9 Million Jury Verdict, Finding Insufficient Evidence of Intent

In 2014, the jury awarded $2.9 million to plaintiff landowners in Lisa Parr et.al. v. Aruba Petroleum, Inc., a case involving alleged hydrocarbon exposure due to hydraulic fracturing operations. Earlier this week, the Dallas...more

Another Modest Proposal (This Time, About Discovery)

by Reed Smith on

Bexis recently attended the “Emerging Issues in Mass-Tort MDLs Conference” sponsored by Duke Law School (those of us from Philly remember Duke as part of “Black Saturday” back in 1979). Several panels discussed various...more

Put Up or Pay Up: Mentor Obtape MDL Judge Promises Sanctions to Plaintiff Attorneys Filing Meritless Cases

by Reed Smith on

We spend the vast bulk of our professional life working in the context of MDLs. We know the drill: plaintiff lawyers file hundreds or thousands or tens of thousands of cases. At some point, the cream rises to the top in...more

Component Parts Doctrine not Applicable to Products Used in Manufacturing Process That are not Incorporated into a Different...

by Low, Ball & Lynch on

Flavio Ramos, et al. v. Brenntag Specialties, Inc., et al. - California Supreme Court (June 23, 2016) - In cases of claimed injury from asbestos exposure, the component parts doctrine was designed to provide...more

Texas Court of Appeals Issues Important State Superfund Order

In a “case of first impression,” U.S. Court of Appeals for the Third Circuit,texascapitol sitting in Austin, in TCEQ v. Exxon Mobil Corporation, et al., issued an important decision interpreting the scope of the Texas Solid...more

Injury resulting from exposure to asbestos does not exist separately to the injury of anxiety to workers of classified...

by Reed Smith on

This client alert is relevant for companies that are exposed to industrial risks in France, and addresses in particular the asbestos cases and the related injuries. It points out the fact that, following the judgment rendered...more

Indiana High Court Rules Statute of Repose Inapplicable in Cases of Protracted Exposure to Substances

by Wilson Elser on

On March 2, 2016, the Indiana Supreme Court rendered an opinion in the consolidated appeals in three cases. The Court held that the Indiana Product Liability Act’s statute of repose does not apply to cases involving...more

Government Inaction May Give Rise to Claim for Condemnation Compensation

by Pessin Katz Law, P.A. on

In a case of first impression in Maryland, the Court of Appeals, Maryland’s highest court, (the “Court”) held on January 22, 2016, that as a preliminary and procedural matter, government failure to act may give rise to a...more

Double Counting and Inflexibility Are Unreasonable in 4A Negotiations Says Mass. Appeals Court: Court Affirms Award of Attorneys’...

by Beveridge & Diamond PC on

Seeking 80 percent of remedial costs from each of two potentially responsible parties and “inflexibility” in pre-litigation negotiations are sufficiently unreasonable to trigger attorneys’ fees under the Massachusetts cleanup...more

California Court Of Appeal Bends Over Backwards To Uphold Substantial Punitive Award In Asbestos Case

The Due Process Clause of the Fourteenth Amendment requires procedural fairness in state trials, but that principle seems absent from a recent California Court of Appeal decision upholding a judgment against Kaiser Gypsum...more

Court Of Chancery Grants Stay Of Derivative Case

by Morris James LLP on

A stay of derivative litigation is hard to get even when there is another case pending elsewhere. But when, as here, the other litigation may expose the company to significant liability, a stay of the derivative action...more

Ninth Circuit Reverses Dismissal of Damages Claim in San Diego Contamination Suit

by Beveridge & Diamond PC on

In a decision that may reopen the door to significant damages in a California soil and groundwater contamination suit, the Ninth Circuit reversed a trial court’s dismissal of the City of San Diego’s restoration and real...more

Foes of the NJDEP $225 Million Settlement with Exxon Mobil Must File “Friend of the Court” Briefs Today

by Cole Schotz on

After denying their motions to intervene last week (see our coverage here), Judge Hogan issued a Scheduling Order that sets today as the deadline for the eight environmental organizations and State Senator Lesniak (D-Union)...more

South Carolina Court Limits CERCLA Remedies

by Williams Mullen on

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) allows the federal government to collect funds from or to order a “potentially responsible party” (“PRP”) to clean up contaminated sites. 42...more

District Court Imposes Divisibility Cap on Superfund Liability

by Morgan Lewis on

A Wisconsin district court has ruled that NCR Corporation’s liability for contamination in the Fox River is limited to NCR’s share of contamination contributed to the river....more

PRP in CERCLA Enforcement Action Saves Millions of Dollars with Successful Divisibility Defense

by Blank Rome LLP on

Action Item: On March 15, 2015, the United States District Court for the Eastern District of Wisconsin in United States v. NCR Corp., No. 10-C-910 (E.D. Wis. May 15, 2015), held that a potentially responsible party (“PRP”) at...more

Are Concurrent CERCLA Claims For Section 107(a) Cost Recovery and Section 113(f) Contribution Permissible?

Given the uncertainties after Cooper Industries v. Aviall about what cause of action a PRP has for recovering response costs under CERCLA, many parties take the prudent course of pleading claims under both for cost recovery...more

Court Affirms Arbitration Panel’s $14 Million Award In Favor Of Insured In Reinsurance Dispute Over Asbestos Claims

by Carlton Fields on

A federal district court has confirmed a $14 million arbitration award entered in favor of Amerisure against its reinsurer Everest. As we earlier reported, the court had previously denied the motion to seal briefing...more

New York Court Sets Aside $11 Million Verdict and Puts the Onus on Plaintiffs to Quantify Exposures to Asbestos

by Wilson Elser on

On April 13, 2015, Justice Barbara Jaffe of the Supreme Court, New York County, issued a decision and order granting the motion by Ford Motor Company to set aside the verdict of $11 million in Juni v. A.O. Smith Water...more

Arizona Enacts New Asbestos Trust Claim Disclosure and Evidence Statute

The Arizona legislature recently enacted A.R.S. § 12-782 to prohibit claimants from obtaining duplicative or excessive recoveries in asbestos personal injury lawsuits. Section 12-782 impacts personal injury plaintiffs that...more

Allocating The Liability Shares of Settling PRPs Under CERCLA

Allocation of liability under CERCLA can get messy. One particularly complex issue arises in a private cost recovery action where some but not all the PRPs have settled with the private party. In contrast to a government...more

Manufacturing Matters – Winter 2015

by DLA Piper on

In This Issue: - Pre-action costs protection in environmental claims - Shared Parental Rights – what you need to know - Due diligence on your partner in China – are you talking to the right person? - An Interview...more

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