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Toxic Torts Civil Procedure Residential Real Estate

Read Toxic Torts news, alerts, and legal commentary from leading lawyers and law firms:

District of New Hampshire Denies Remand Under CAFA’s Local Controversy Exception

by Pierce Atwood LLP on

On November 30th, in Brown v. Saint-Gobain Performance Plastics Corp., United States District Judge Joseph Laplante of the District of New Hampshire denied plaintiffs’ motion to remand two related class action lawsuits based...more

Eighth Circuit Reverses Class Certification in Vapor Intrusion Litigation

by Bryan Cave on

On May 20, 2016, the U.S. Court of Appeals for the Eighth Circuit reversed class certification in a case involving residential vapor intrusion claims, in Ebert et al. v. General Mills, Inc., No. 15-1735 (8th Cir. May 20,...more

8th Circuit Court Finds Class Action Inappropriate to Resolve Neighborhood Claims for Damages Arising From Environmental...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Eighth Circuit found that a class action could not be sustained in an environmental pollution case because “the class lacks the requisite commonality and cohesiveness to satisfy Rule 23.”...more

Maryland Court of Appeals OKs Circumstantial Causation Evidence in Lead Paint Cases

by Beveridge & Diamond PC on

In a case that may make it easier to prove causation in Maryland lead paint cases, the Maryland Court of Appeals held that neither direct evidence of the source of lead nor expert testimony was necessary when a trier of fact...more

Toxic Tort and Environmental Litigation: New York Court of Appeals Issues Ruling Clarifying Residence in Lead-Based Paint Cases...

The New York Court of Appeals recently addressed the question of "residence" under New York City’s lead abatement law, better known as "Local Law 1."(1) Local Law 1 – first enacted in 1982 – imposes a duty on landlords to...more

September 2015: Product Liability Litigation Update

Ninth Circuit Restricts Scope of CAFA’s “Local Single Event” Exception. In Allen v. Boeing Co., 784 F.3d 625 (9th Cir. 2015), the Ninth Circuit recently held that a case did not fall within the Class Action Fairness Act’s...more

Offensive Discovery after Strudley and Changes to the Colorado Rules of Civil Procedure

by Snell & Wilmer on

Toxic tort cases often involve real property, especially in areas with large mining and energy sectors like the West and Southwest. The cases frequently have large potential damage values and require extensive discovery....more

New Jersey Court Applies Continuous Trigger Theory and Finds That No Coverage Is Available Because Damage Manifested Prior to...

In Cypress Point Condo. Ass’n. v. Selective Way Ins. Co., 2015 N.J. Super. Unpub. LEXIS 721 (March 30, 2015), the New Jersey Law Division dismissed a declaratory judgment action filed against an insurer for a framing...more

Arkansas Federal Court Denies Class Certification in Property Damage Suit

by Beveridge & Diamond PC on

Exemplifying the reluctance of many courts to allow toxic tort cases to proceed as class actions, a federal judge in Arkansas denied certification of a putative class of neighboring landowners who claimed the Defendant’s...more

Federal Court Determines Low Levels of Carcinogens PCE and TCE Insufficient to Establish Private RCRA Cause of Action Absent...

by Blank Rome LLP on

Further underscoring the importance of expert testimony to support environmental claims, the United States District Court for the District of New Jersey in Leese v. Lockheed Martin Corp., et al., No. 11-5091 (JBS/AMD), 2014...more

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

by Cole Schotz on

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

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

by Cole Schotz on

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

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

by Bennett Jones LLP on

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

by Cozen O'Connor on

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

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

by Dentons on

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 ChildOhio

by Edward Kramer on

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

by Foley Hoag LLP on

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...

by Morrison & Foerster LLP on

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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