Toxic Torts Civil Remedies

Read Toxic Torts news, alerts, and legal commentary from leading lawyers and law firms:
News & Analysis as of

South Carolina Court Limits CERCLA Remedies

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) allows the federal government to collect funds from or to order a “potentially responsible party” (“PRP”) to clean up contaminated sites. 42...more

B.C. Court Awards Remediation Costs Before They Are Incurred

The recent decision of the British Columbia Supreme Court (Court) in Dolinsky v. Wingfield may allow those who have to clean up contamination on their lands to obtain those costs from the responsible parties before actually...more

A $6 Million Reminder to Observe Corporate Formalities: Environmental Prosecutors Pierce Another Corporate Veil with Ohio Decision

With ever-growing concern about environmental liability exposures, many shareholders rely on corporate structures – both simple and complex – to help insulate themselves from direct responsibility for the acts and omissions...more

District Court Imposes Divisibility Cap on Superfund Liability

A Wisconsin district court has ruled that NCR Corporation’s liability for contamination in the Fox River is limited to NCR’s share of contamination contributed to the river....more

PRP in CERCLA Enforcement Action Saves Millions of Dollars with Successful Divisibility Defense

Action Item: On March 15, 2015, the United States District Court for the Eastern District of Wisconsin in United States v. NCR Corp., No. 10-C-910 (E.D. Wis. May 15, 2015), held that a potentially responsible party (“PRP”) at...more

Are Concurrent CERCLA Claims For Section 107(a) Cost Recovery and Section 113(f) Contribution Permissible?

Given the uncertainties after Cooper Industries v. Aviall about what cause of action a PRP has for recovering response costs under CERCLA, many parties take the prudent course of pleading claims under both for cost recovery...more

Court Affirms Arbitration Panel’s $14 Million Award In Favor Of Insured In Reinsurance Dispute Over Asbestos Claims

A federal district court has confirmed a $14 million arbitration award entered in favor of Amerisure against its reinsurer Everest. As we earlier reported, the court had previously denied the motion to seal briefing...more

New York Court Sets Aside $11 Million Verdict and Puts the Onus on Plaintiffs to Quantify Exposures to Asbestos

On April 13, 2015, Justice Barbara Jaffe of the Supreme Court, New York County, issued a decision and order granting the motion by Ford Motor Company to set aside the verdict of $11 million in Juni v. A.O. Smith Water...more

Arizona Enacts New Asbestos Trust Claim Disclosure and Evidence Statute

The Arizona legislature recently enacted A.R.S. § 12-782 to prohibit claimants from obtaining duplicative or excessive recoveries in asbestos personal injury lawsuits. Section 12-782 impacts personal injury plaintiffs that...more

Ninth Circuit Widens Judges’ Discretion to Allocate CERCLA Contribution Damages

Trial court may select the method of accounting for prior settlement in allocating response costs among liable parties, but claims to recover settlement payments are limited to costs consistent with the National Contingency...more

Allocating The Liability Shares of Settling PRPs Under CERCLA

Allocation of liability under CERCLA can get messy. One particularly complex issue arises in a private cost recovery action where some but not all the PRPs have settled with the private party. In contrast to a government...more

Dividing CERCLA Site Just Won't Cut It On Liability

In an order on March 3, U.S. District Judge William C. Griesbach, who is presiding over the long-running Comprehensive Environmental Response, Compensation, and Liability Act litigation concerning the Lower Fox River and...more

Is Injunctive Relief Available Against Former Owners? At Least One Judge Thinks So.

As we noted in 2013, two different Courts of Appeal had ruled that injunctive relief is not available in PSD/NSR enforcement cases against former owners. Both United States v. Midwest Generation and United States v. EME...more

CERCLA’s Confusion Between Section 107 and Section 113

Over a decade after the Supreme Court’s decision in Cooper Industries v. Aviall, the divide between CERCLA Section 107 cost recovery claims and Section 113 contribution claims remains unsettled. PRPs incurring response costs...more

Manufacturing Matters – Winter 2015

In This Issue: - Pre-action costs protection in environmental claims - Shared Parental Rights – what you need to know - Due diligence on your partner in China – are you talking to the right person? - An Interview...more

New Jersey Supreme Court Rules Unanimously: There is No Statute of Limitations Defense to Contribution Actions Under the Spill Act

On January 26, 2015, the New Jersey Supreme Court unanimously ruled in Morristown Associates v. Grant Oil Co. that the general six-year statute of limitations for injury to real property does not apply to contribution claims...more

Federal Judge Strikes Class Allegations Pre-Certification and Discovery

Too many times a defendant is forced to foot the bill for costly discovery and motion practice before being able to successfully challenge class allegations. The recent decision in Bell v. Cheswick Generating Station, et al.,...more

The Need For Expert Evidence To Make Out An Innocent Landowner Defense Under CERCLA

As every litigator knows, evidence almost always tells a story that is untidy and riddled with loose ends. This was illustrated by a recent innocent landowner case in California — Coppola v. Smith. There, a company had...more

The Strategy of Lone Pine Orders: Timing Matters

Federal and state courts are using Lone Pine orders to effectively manage and control mass tort cases and other complex litigation. A Lone Pine order is a case management order that requires all plaintiffs to furnish...more

Class Certification Denied in Chemical Leak Lawsuit

An Arkansas federal judge recently denied a motion to certify a proposed class of property owners alleging that Whirlpool’s failure to clean up toxic chemicals at its facility diminished the value of their surrounding...more

Res Judicata Prevents Plaintiff from Recovering Exemplary Damages

Earlier this month, in Oleszkowicz v. Exxon Mobil Corp., et al., 2014-0256 (La. 12/9/14), 2014 WL 7009533, the Supreme Court of Louisiana barred a plaintiff from relitigating an exemplary damages claim arising from alleged...more

"Damages" in an Injury Lawsuit: An Introduction for Lay People [Video]

Anyone who has survived a serious injury caused by someone else's fault wants to know what the legal system provides by way of hard dollars. In this video, attorney Alfred Clarke explains the different types of "damages" an...more

California Federal Court Dismisses CERCLA Claims and Strikes Request for Attorneys’ Fees

In N. Cal. River Watch v. Fluor Corp., __F.Supp.3d__, 2014 WL 4954638 (N.D. Cal. Oct. 2, 2014), a Northern California district court dismissed Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”)...more

Minnesota Federal Court Clarifies Pleading Standard in Vapor Contamination Case

In an opinion that may help clarify the jurisdictional and pleading requirements for plaintiffs seeking damages and injunctive relief for alleged injuries from vapor intrusion, the federal district court in Minnesota denied a...more

New Jersey Landowner Forfeits Damages by Allowing Defendant to Remediate

In what may be a cautionary tale for owners of contaminated property, a New Jersey appellate court has ruled that a landowner forfeited any claim to property damages when he allowed the responsible party to perform...more

138 Results
|
View per page
Page: of 6

Follow Toxic Torts Updates on:

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×