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Watch your Greenhouse Gases

In AES Corp. v. Steadfast Ins. Co., Record No. 100764, 2012 WL 1377054 (Va. April 20, 2012), the Supreme Court of Virginia found that a lawsuit alleging damages caused by the insured’s emission of greenhouse gases was not an...more

BLG Monthly Update, May 2012

Crucial commas, greasy chips and electronic contracts -- all this and more in the BLG Monthly Update for May 2012!...more

Subject Matter Jurisdiction Under RCRA: Testing the Limits of the Commerce Clause in a Citizens' Suit

Courts have traditionally construed federal jurisdiction of environmental statutes expansively, consistent with their remedial intent. However, recent opinions in Voggenthaler v. Maryland Square, LLC, Case 2:08-cv-1618 (D....more

Rethinking Successor Liability under CERCLA

The PCB contamination in the Lower Fox River in Wisconsin continues to spawn novel Superfund decisions. The latest is US v. NCR, in which Judge Greisbach of the Eastern District of Wisconsin reversed his initial ruling, made...more

Case Note: US Supreme Court Rejects Attempt To Curb Class Actions (2010)

This case note was published in the Los Angeles Daily Journal. It summarizes the 2010 United States Supreme Court decision in Shady Grove v. Allstate. The Court resolved a conflict between a New York Statute, which...more

California Appellate Court Holds That Insurer Is Not Required to Show Proof of Prejudice to Deny Coverage Based On Failure to...

In Venoco, Inc. v. Gulf Underwriters Ins. Co., 2009 WL 1875640 (July 1, 2009), the Second District Court of Appeal affirmed a summary judgment entered in favor of Gulf Underwriters Insurance Company (“Gulf”) with regard to...more

Maryland Casualty Co. v. W.R. Grace & Co., Inc.--Conn.

Memorandum of Law of W.R. Grace & Co.--Conn. in Support of Its Motion for Relief From the Court's Earlier Ruling on Choice of Law

Defendant W. R. Grace & Co.--Conn. (“Grace”) submits this Memorandum of Law in support of its motion for relief from the Court's previous choice of law determination, based on the Court's inherent authority to modify an...more

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