Conflict of Laws Toxic Torts

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Toxic Tort & Product Liability Quarterly Volume 7, Number 3

PREEMPTION - Supreme Court Says CERCLA Does Not Preempt Repose Defense for Tort Claims - The U.S. Supreme Court has put to rest a longstanding legal question affecting the deadline for plaintiffs to bring toxic tort...more

Supreme Court Says CERCLA Does Not Preempt Repose Defense for Tort Claims

The U.S. Supreme Court has put to rest a longstanding legal question affecting the deadline for plaintiffs to bring toxic tort and contamination claims stemming from certain contaminated sites. CTS Corp. v. Waldburger, No....more

Oregon’s Statute of Repose May Block Common Law Environmental Claims

Oregon’s 10-year statute of repose may now play a bigger role in environmental lawsuits in the wake of the U.S. Supreme Court’s ruling that the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA),...more

Supreme Court Rules CERCLA Does Not Preempt State Statute of Repose

In CTS Corp. v. Waldburger, 13-339, 2014 WL 2560466 (U.S. June 9, 2014), the United States Supreme Court held that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, also known as Superfund)...more

Supreme Court Ruling Resolves Conflict on State Statutes of Repose

US Supreme Court rules CERCLA Section 309 does not preempt state statutes of repose. Federal causes of action remain unaffected. Last week, in a 7-2 decision, the US Supreme Court ruled in CTS Corp. v. Waldburger that...more

Do Statutes of Repose Under CERCLA Really Require Supreme Court Review

Even Superfund lawyers are likely to find the Supreme Court’s decision yesterday in CTS Corporation v. Waldburger to be of limited interest. Unable to reach an agreement about a federal “toxic tort” cause of action, Congress...more

Fifth Circuit Limits Pollution Liability

In a significant decision issued February 24, 2014, the Fifth U.S. Circuit Court of Appeals ruled that federal laws preempt state laws in the case of the 2010 Gulf of Mexico oil spill, because the event occurred in federal...more

CERCLA Preempts State-Law Claims Arising Out Of Petroleum Contamination

In what appears to be a first, a federal district court has held that the “Petroleum Exclusion” under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) preempts state-law contribution claims...more

Third Circuit Decision Allowing CERCLA Contribution Claim Based On Settlement Of State-Law Liability Sets Up Split With Second...

A panel of the United States Court of Appeals for the Third Circuit decided an important precedential decision last week expanding the right to seek contribution for cleanup costs under the Comprehensive Environmental...more

Third Circuit Holds “Source State” Common Law Tort Claims Not Preempted by Federal Clean Air Act

In an opinion filed on Tuesday, August 20, 2013, the U.S. Court of Appeals for the 3rd Circuit held that the federal Clean Air Act (CAA) does not preempt common law tort claims grounded in state law and brought against a...more

The Case For a Broad Pre-Emption Rule for CERCLA Contribution

Although some of the proposed tax plans and budgets being discussed in this election year suggest that the same dollar can be counted and spent multiple times, a growing number of courts have held that CERCLA response costs...more

BLG Monthly Update, May 2012

Crucial commas, greasy chips and electronic contracts -- all this and more in the BLG Monthly Update for May 2012!...more

Ecuador Appellate Court Affirms Judgment Against Chevron

We have posted several times on the U.S. aspects of the international dispute between Chevron and the plaintiffs from Ecuador suing for environmental contamination. We have followed the Southern District’s decision granting...more

US Courts Order Discovery for Use Overseas in Chevron-Ecuador Disputes

Context: The Chevron-Ecuador Litigation A high profile and complex dispute involving a group of Ecuadorian residents, Chevron Corporation and the Republic of Ecuador is forcing courts and the media to focus on an arcane...more

Enforcing Foreign Summary/Default Judgments: The Damoclean Sword Hanging Over Pro Se Canadian Corporate Defendants? Case Comment...

Following the 2003 Supreme Court of Canada decision in Beals v. Saldanha, where jurisdiction simpliciter is otherwise established, the only available defences to a domestic defendant seeking to have a Canadian court refuse...more

OIL'S NOT WELL IN LATIN AMERICA: CURING THE SHORTCOMINGS OF THE CURRENT INTERNATIONAL ENVIRONMENTAL LAW REGIME IN DEALING WITH...

Although international environmental law has made some inroads in identifying global environmental problems, it has mostly proved ineffective at adequately addressing them. The absence of a governing body to monitor and...more

Maryland Casualty Co. v. W.R. Grace & Co., Inc.--Conn.

Memorandum of Law of W.R. Grace & Co.--Conn. in Support of Its Motion for Relief From the Court's Earlier Ruling on Choice of Law

Defendant W. R. Grace & Co.--Conn. (“Grace”) submits this Memorandum of Law in support of its motion for relief from the Court's previous choice of law determination, based on the Court's inherent authority to modify an...more

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