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Arizona Civil Verdicts, 2016

by Snell & Wilmer on

For the past 13 years, I’ve written the cover story of the state bar magazine, Arizona Attorney, about Arizona verdicts. The latest one is out. Here are 2016’s top Arizona verdicts, significant defense verdicts, punitive...more

Manufacturing Matters – Winter 2015

by DLA Piper on

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

Indiana Court of Appeals Once More Asked to Interpret AIA Standard Construction Contract

by Pavlack Law, LLC on

This week's discussion focuses on the interpretation of the American Institute of Architects (AIA) standard construction contract by the Indiana Court of Appeals in the recent case Allen County Public Library v. Shambaugh &...more

Deepwater Horizon Settlement Fine-Tuned By Fifth Circuit

by Gray Reed & McGraw on

The Fifth Circuit has taken steps to fine-tune the interpretation and implementation of the agreement BP negotiated to settle its massive liabilities arising from the April 2010 oil spill following the explosion of the...more

Insureds Must Exhaust Coverage From Solvent Insurers

by Cole Schotz on

On September 24, 2013, the New Jersey Supreme Court ruled that policyholders must look to its solvent insurers before seeking benefits from the New Jersey Property-Liability Insurance Guaranty Association (“Guaranty...more

Second Circuit Requires Complete Reimbursement of Class Action Defense Costs

by BakerHostetler on

On June 18, 2013, the Second Circuit affirmed that a liability insurer was obligated to reimburse Olin Corporation for 100% of the defense costs it incurred defending against environmental contamination class action claims....more

Mistakes Have Consequences – British Petroleum’s Settlement

by Gray Reed & McGraw on

Three years ago, Tilting told tales of oil spill legal problems suffered by Forrest Gump, Bubba Gump Shrimp Company, Wok Ann chu-gumm Seafood Restaurants, Chef Red Fishy and Bishop Carp. Tilting predicted class action...more

Fifth Circuit Reverses District Court in Deepwater Horizon Insurance Coverage Litigation and Grants BP Unlimited Access to...

by Reed Smith on

On March 1, 2013, a three-judge panel of the United States Court of Appeals for the Fifth Circuit, in In re Deepwater Horizon, No. 12-30230, 2013 WL 776354 (5th Cir. March 1, 2013), held that BP PLC ("BP") can access...more

EPA Revises Guidance On Bona Fide Prospective Purchaser Protection For Tenants Under Federal Superfund Law

by Polsinelli on

On December 5, 2012, the United States Environmental Protection Agency (EPA) revised its enforcement guidance regarding when tenants may be treated as bona fide prospective purchasers (BFPPs). The revised guidance addresses...more

State of California v. Continental Insurance Company, et al.

by Low, Ball & Lynch on

Insurance Coverage – Stacking of Policy Limits on Progressive & Continuous Loss - California Supreme Court (August 9, 2012) In this decision, the California Supreme Court has ruled for the first time that in a...more

Settling Water-Based Superfund Liabilities -- A Toxic Brew

In a poignant moment in Godfather III, Al Pacino’s character says: “Just when I thought I was out… they pull me back in”. EPA's recent eye-popping announcement of a $366 million encore settlement by AVX with respect to the...more

7th Circuit Addresses the Nature and Purpose of the Pollution Exclusion

Scottsdale Indem. Co. v. Village of Crestwood, 2012 U.S. App. LEXIS 5069 (7th Cir. Mar. 12, 2012), the United States Court of Appeals for the Seventh Circuit, applying Illinois law, had occasion to consider the nature and...more

Lack of Control by Insured Over Related Companies Results in Denial of Coverage

by Cole Schotz on

In Newport Associates, Phase 1 Developers Limited Partnership v. Travelers Casualty and Surety Company, No. HUD-L-3070-09 ( New Jersey L. Div. January 24, 2012), plaintiff developers brought a declaratory judgment action...more

NJDEP Steps Up Efforts to Collect Natural Resource Damages in New Jersey

by Cole Schotz on

In the past couple of years, the New Jersey Department of Environmental Protection (“NJDEP”) filed more than 100 lawsuits against companies seeking compensation for restoration of damages to natural resources caused by the...more

Environmental Advisory: Massachusetts Supreme Judicial Court Holds Parent Corporation Not Liable under Massachusetts Superfund Law...

by Mintz Levin on

The Massachusetts Supreme Judicial Court (SJC) has held that a parent corporation is not liable under M.G.L. c. 21E, the Massachusetts Superfund law, for the liability of a subsidiary that the parent did not own or control at...more

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