Residential Real Estate Toxic Torts Personal Injury

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CERCLA’s Statutory Liability Defenses — How Strict Is CERCLA Liability?

It was no surprise that the Second Circuit in In re September 11 Ligitation recently affirmed the lower court’s ruling that contamination caused by the 9/11 attacks was within CERCLA’s “Act of War” defense. Although CERCLA...more

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

Insurance Coverage: October 2012

This past quarter brought us the long-awaited decision from the California Supreme Court on stacking of insurance policies. The Supreme Court has ruled that stacking of limits on successive policies is permitted on continuous...more

Childhood Lead Poisoning in Massachusetts

This article will tell you about the dangers of childhood lead poisoning, how you can find out if there is lead in your home or apartment, what to do if there is lead, and what protections Massachusetts law provides for you...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

Massachusetts Appeals Court Resurrects Toxic Mold Claim Against Condominium

This decision is the first Massachusetts appellate case dealing with the statute of limitations for toxic mold, so it’s quite important. The case will make it easier for toxic mold victims to sue wrongdoers in state court....more

ACOEM'S UPDATED POSITION ON THE "ADVERSE HUMAN HEALTH EFFECTS ASSOCIATED WITH MOLDS IN THE INDOOR ENVIRONMENT" - WHAT THE...

The American College of Occupational and Environmental Medicine (ACOEM) has recently published an updated paper on the health effects of mold exposure in an indoor environment. This article summarizes the key points that all...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

Toxic Tort Challenges to Property Owners and Managers

Toxic Torts challenge Property Owners and Managers with new legal claimslegal...more

Lead Paint and Mold Liability Issues Facing Commercial Real Estate Owners

Lead Paint and Mold Liability Issues Facing Commercial Real Estate Owners...more

Appellate Panel Saves Notice Defense in Single Family Lead Paint Cases

Appellate Panel Saves Notice Defense in Single Family Lead Paint Cases...more

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