Residential Real Estate Toxic Torts Civil Procedure

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Storing Heating Oil In Residential Tank Is Not An Abnormally Dangerous Activity In New Jersey

The Appellate Division recent held that the storage of home heating oil in an underground storage tank is not an abnormally dangerous activity. In Ross v. Lowitz, the plaintiffs, John and Pamela Ross, owned property that was...more

Seventh Circuit Rejects Class Action Alleging Groundwater Contamination From Refinery Because Homeowners’ Claims Lack Commonality

The U.S. Court of Appeals for the Seventh Circuit recently reversed the certification of a class of property owners who alleged an Illinois refinery leaked potentially carcinogenic chemicals into their property and water...more

Six-Year Statute Of Limitations Applies To Spill Act Contribution Claims

In a stunning decision, the New Jersey Appellate Division held on August 23 that the State’s general six-year statute of limitations for property damage applies to private claims for contribution under the New Jersey Spill...more

The Seventh Circuit Still Wrong: Bernstein v. Bankert

Late last year I blogged on the dubious decision by the Seventh Circuit in Bernstein v. Blankert which held that a settling CERCLA party did not resolve its liability to the government until it had performed all of its...more

Which Is Worse? EPA Oversight or Citizen Oversight?

Everyone who represents PRPs in Superfund settlements has his or her own horror stories regarding the scope of EPA’s oversight cost claims. We all know that oversight costs can end up as an appreciable percentage of total...more

Appeal Court Confirms That Innocent Party Must Clean Up Pollution

In a decision in Kawartha Lakes (City) v. Ontario (Environment), on May 10, 2013, the Ontario Court of Appeal unanimously dismissed the appeal of the City of Kawartha Lakes (the City), which sought to overturn a decision of...more

Abolishment of Limitation Periods for Contaminated Sites in BC Put on Hold

In 2012, the government of B.C. passed legislation that would eliminate any limitation period previously applicable to actions to recover the costs of environmental remediation under the Environmental Management Act, S.B.C....more

Virginia Supreme Court Ends Chinese Drywall Debate

We are pleased to report that the Virginia Supreme Court has tacked down – or, more appropriately, “drywall-ed in” – the issue of whether a pollution exclusion in a property insurance policy precludes coverage for Chinese...more

Toxic Tort and Environmental Law Update: September 2012 -- Indiana Supreme Court Interprets Application of Statute of Repose in an...

Statutes of repose can provide immunity for contractors against latent asbestos personal injury claims filed several years after the work was performed and the plaintiff was exposed. Under many states’ statutes of repose,...more

Divisional Court Affirms the Decision of the Environmental Review Tribunal in Kawartha Lakes

In its recent decision in The Corporation of the City of Kawartha Lakes v. Director, Ministry of the Environment (Kawartha Lakes) issued on May 28, 2012, the Divisional Court affirmed the reasoning of the Environmental Review...more

Reactions to Lead Paint Ruling Beginning to Surface

In October, the Maryland Court of Appeals issued a very disappointing ruling in the lead paint case of Jackson v. Dackman Co., which nullified a long-standing Maryland statute that granted qualified immunity from lead paint...more

Ontario Court of Appeal Dismisses $36 Million Environmental Class Action Award Against Inco

In a 3-0 decision, the Ontario Court of Appeal has reversed a $36 million trial award to members of an environmental class action. Thousands of Port Colborne, Ontario’s residents had sued Inco for property devaluation caused...more

CARTER v CLEVELAND DEVELOPMENT L.L.C.

Appeal Brief on Suing Previous Owner for Lead Poisoning Child

We are representing a family with a lead poisoned child. The landlord does not have deep pockets, but the previous owner who had been order to remediate this problem 2 years prior to my clients renting the house is a large...more

Supreme Court Decision Gives New Hope to Defendants in Superfund Cases

Monday’s Supreme Court’s decision in Burlington Northern v. United States will significantly affect the outcome of many pending and future Superfund disputes. The opinion’s two principal holdings narrow the scope and extent...more

Rough Justice:U.S. Supreme Court Liberalizes Use of Apportionment Instead of Joint and Several Liability in Superfund Litigation...

In a much anticipated ruling, a nearly unanimous U.S. Supreme Court has determined that the imposition of liability as an “arranger” under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA,”...more

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