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Bad Faith Sentinel - April 2013

In This Issue: - Western District Of Washington: Denial of a Defense Where Additional-Insured Status Was Arguable, and Doing So in Reliance on Extrinsic Evidence, Were Both Acts of Bad Faith - New York Court...more

GAO reports on CPSC’s challenges in addressing product safety

The United States (US) Government Accountability Office (GAO) reported on the Consumer Product Safety Commission’s (CPSC) authority and ability to stay generally informed about new risks associated with consumer products and...more

Australia issues $1M fine for flammable children’s sleepwear

The Australian Federal Court has fined a children’s sleepwear brand $1 million in relation to its supply of unsafe children’s nightdresses and pajamas. According to Product Safety Australia, Cotton On Kids Pty Ltd supplied...more

Practical Implications Of Howell v. Hamilton Meat

The collateral source rule in a personal injury action or tort claim generally prevents the admission of evidence that the plaintiff will be compensated from a source other than the defendant for his/her injuries. This rule...more

US CPSC & Health Canada recall expanding toys

The United States (US) Consumer Product Safety Commission (CPSC) and Health Canada issued a joint recall of expanding toys in the US and Canada. The toys, which go by the names Water Balz, Growing Skulls, H2O Orbs...more

Valuing A Litigation Claim

Law firms are increasingly using a multitude of factors to value cases. Valuation provides the parties a better means to identify the issues in litigation, discuss which ones are in dispute, and calculate a logical...more

When Are Witness Statements Protected As Attorney Work Product?

One of the first things an attorney does when representing a client in a particular matter is interview witnesses to learn the facts of the case, or have an investigator do such on their behalf. The attorney will almost...more

Ford v. Edgewood Properties, Inc. (USDC NJ 8/31/2012)

Ford v. Edgewood Properties, Inc. - RICO and Conspiracy Claims Against Environmental Consultant Survive MSJ

Ford v. Edgewood Properties, Inc. - RICO and Conspiracy Claims Against Environmental Consultant Survive MSJ In the Ford Motor Company v. Edgewood Properties, Inc., Case 2:06-cv-01278-ES-CLW (USDC NJ 8/31/12) case, Civil...more

Court Rules Diesel Particulate Emissions Waste Is Not Solid Waste Under RCRA

The Resource Conservation and Recovery Act (RCRA) regulates discarded solid or hazardous waste. A recent lawsuit by environmental groups advanced a novel legal argument that diesel particulates found in diesel exhaust emitted...more

Ontario Court Refuses to Apply "Stonewall Principle"

An Ontario court recently refused to apply the American "Stonewall" principle, which would hold insurers financially responsible to pay for damages in years when insurance against the relevant risk was unavailable. This...more

Chevron Ecuador Litigation

2nd Circuit Order Vacating Preliminary Injunction

On September 19, 2011, a federal appeals court reversed Southern District Judge Lewis Kaplan's preliminary injunction blocking worldwide enforcement of an $18 billion environmental judgment in Ecuador. In its ruling, a...more

Republic of Ecuador v. Chevron Corporation

Order on Republic of Ecuador's Motion to Stay of Arbitration

Although the Second Circuit affirmed the decision below, the Court found against Chevron on several key factual issues that undermine the company's defenses both in Ecuador and potentially in various enforcement courts where...more

Brand Protection in High Exposure Litigation: Winning in the Court of Public Opinion

Consumer facing companies underatnd that brand protection is mission critical activity. A company's brand is its promise to consumers on issues such as health, safety, quality and integrity. Certain litigation can destroy...more

Kiobel v. Royal Dutch Shell Petroleum (No Corporate Liability Under AlienTort Claims Act)

Order Affirming Motion to Dismiss

A panel of the court ruled 2-1 on September 17, 2010 that the Alien Tort Statute gives U.S. courts jurisdiction over alleged violations of international law by individuals only, not by corporations. The decision dismisses...more

BP Oil Spill - Shoot First and Ask Questions Later

This article discusses the BP Oil spill and the race to the courthouse by attorneys. It's all about the money....more

BP Oil Spill - Greed

This article discusses the greed of lawyers and BP. The attorneys want to be first to control the mass tort litigation in order to make more money. BP put profits over safety. At $6 billion profit last quarter, they could...more

Lawsuits, Lawsuits Everywhere

This article takes the BP Oil case and relates it to other cases. It is an attempt to make people think about lawsuits. Does a lawsuit always have to be filed? No. In fact, most attorney make a run at trying to resolve...more

BP Oil Spill - The Sharks are Circling

This article discusses the BP Oil spill and the attempts to gain by lawyers and attorneys. It is an attempt to make people think about whether they need to rush to take legal action....more

6th Circuit Upholds Fultz Doctrine

The US Sixth Circuit Court of Appeals Affirms Summary Judgment granted in our client's favor upholding and applying the unique Michigan Fultz doctrine dismissing professional liability suit against our client CIH which...more

Michigan v. Initial Transport and Employers Mutual Casualty Company

Supplemental Brief in Michigan Supreme Court for Insurance Company and Trucking Company

Michigan Department of Transportation v. Employers Mutual Casualty Co. et al. , 480 Mich. 862; 748 N.W.2d 239 (2008) - After a catastrophic accident involving a motor carrier hauling gasoline caused significant property...more

Clark v. Optical Coating Laboratory, Inc.

Respondent's Brief Re: Order of Dismissal

Respondent Optical Coating Laboratory, Inc.'s brief on appeal in the case of Clark v. OCLI et al. deals in large part with evidentiary rulings that were almost entirely upheld on appeal. The case was brought by 32...more

Murky Waters

The article reviews and explains the holding of In re Groundwater Cases (2007), 154 Cal. App. 4th 659. This precedent setting case outlines the extent to which a private or municipal drinking water system in California may...more

Pacific Gas & Electric Co. v. Jesse M. Lange Distributor Co., Shell Oil Co. et al

Complaint for damages & injunctive relief

The complaint addresses a situation in which a BTEX and MtBE plume is moving through groundwater from a site adjacent to the plaintiff's. The complaint alleges, among other items, that the defendants are not appropriately...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