BLG Monthly Update, May 2012 by Neil Guthrie on 5/4/2012 Crucial commas, greasy chips and electronic contracts -- all this and more in the BLG Monthly Update for May 2012!...more
Watershed Date for N.J. Site Remediation: May 7, 2012 by Cole Schotz on 4/3/2012 In just over two months, nearly every existing site remediation case pending before the New Jersey Department of Environmental Protection (NJDEP) will become subject to the 2009 Site Remediation Reform Act, N.J.S.A. 58:10C-1...more
7th Circuit Addresses the Nature and Purpose of the Pollution Exclusion by Traub Lieberman Straus & Shrewsberry LLP on 3/14/2012 Scottsdale Indem. Co. v. Village of Crestwood, 2012 U.S. App. LEXIS 5069 (7th Cir. Mar. 12, 2012), the United States Court of Appeals for the Seventh Circuit, applying Illinois law, had occasion to consider the nature and...more
Subject Matter Jurisdiction Under RCRA: Testing the Limits of the Commerce Clause in a Citizens' Suit 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
Lack of Control by Insured Over Related Companies Results in Denial of Coverage by Cole Schotz on 3/5/2012 In Newport Associates, Phase 1 Developers Limited Partnership v. Travelers Casualty and Surety Company, No. HUD-L-3070-09 ( New Jersey L. Div. January 24, 2012), plaintiff developers brought a declaratory judgment action...more
The Unstated Liability Rule For the Sale Of Usable Wastes by Foley Hoag LLP - Environmental Law on 3/1/2012 Arguments about liability for the sale of "usable wastes" are as old as Superfund. The fact patterns involving the sale of usable wastes can be varied; however, the cases seem to be governed by...more
Rethinking Successor Liability under CERCLA by Foley Hoag LLP - Environmental Law on 12/29/2011 The PCB contamination in the Lower Fox River in Wisconsin continues to spawn novel Superfund decisions. The latest is US v. NCR, in which Judge Greisbach of the Eastern District of Wisconsin reversed his initial ruling, made...more
Food Insurance And Risk Management Newsletter - December 2011 by Lowenstein Sandler PC on 12/19/2011 In This Issue: - THE SPREADING WEB OF FOOD RECALL LIABILITY Suits against Jensen Farms arising from its sale of listeria-tainted cantaloupes are expected to seek more than $100,000,000. These damages are estimated...more
Litigation in California: What Every Business Needs to Know -- Proposition 65: A Deceptively Simple Law with Costly Consequences by McKenna Long & Aldridge LLP on 12/5/2011 The relentless pursuit by the California plaintiffs’ bar of Proposition 65 claims against companies doing business in the state has all the makings of a reality television show. Prop. 65 – the deceptively simple law...more
Drilling into Hydraulic Fracturing and Shale Gas Development by Michael Goldman on 10/26/2011 The paper discusses the existing federal laws and regulations and proposed federal laws which apply to hydraulic fracturing activities as well as current studies and enforcement actions concerning the same. The paper also...more
WEEKLY LAW RESUME™ - Coverage: Pollution Exclusion - Asbestos by Low, Ball & Lynch on 8/29/2011 Villa Los Alamos Homeowners Association v. State Farm General Insurance Company Court of Appeal, First District (August 25, 2011) In MacKinnon v. Truck Insurance Exchange (WLR September 4, 2003), the California Supreme...more
Asbestos Litigation Case Questions Safety in the Workplace by Dinsmore & Shohl LLP on 7/1/2011 Although most would consider asbestos to be an old problem, limited to mainly the manufacturing and construction industries, asbestos has been incorporated into a myriad of products that had many and varied uses. Because...more
No Coverage for Defense Costs Incurred in Response to CERCLA Demand by Sedgwick LLP on 4/26/2011 U.S. Court of Appeals for the Fourth Circuit In Industrial Enterprises, Inc. v. Penn America Ins. Co., ___ F.3d ___, 2011 WL 925451 (4th Cir. (Md.) March 18, 2011), the U.S. Court of Appeals for the Fourth Circuit ruled...more
New Chemicals Regulations Impose Additional Requirements for Production and Trading of Hazardous Substances by Quynh Pham on 4/7/2011 On 28 June 2010, the Ministry of Industry and Commerce (“MOIT”) issued Circular No. 28/2010/TT-BTC providing guidelines to the Chemicals Law and Decree No. 108/2008/ND-CP dated 7 October 2008 (“Circular No....more
Solutions for Small Businesses Harmed by BP Disaster? Let's Redefine "Small Business" by Collins & Collins, P.C. on 2/3/2011 The Associated Press reported that BP has finally settled up on a claim. That's one claim of the 91,000 claims outstanding. According to the report, the claim settled for $10 million. In fact, BP intervened on the part of the...more