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Newly-Published Regional Steel Case Raises More Questions Than It Answers

In May, California’s Second Appellate District affirmed a summary ruling that a Commercial General Liability insurer did not have a duty to defend a subcontractor who supplied faulty “seismic tie hooks” that were encased in...more

Environmental and Energy: New York State Department of Environmental Conservation Issues Draft Environmental Monitoring Services...

On Wednesday, February 12, 2014, the New York State Department of Environmental Conservation (DEC) issued a draft Commissioner Policy on Environmental Monitoring Services (the Policy). The proposed Policy updates DEC’s...more

Editorial: Silica Exposure Lawsuits: The Next Toxic Tort?

With the Occupational Safety and Health Administration signaling its increased attention to workers’ exposure to crystalline silica, and the plaintiff bar evidently in search of new subjects for “toxic tort” claims, there is...more

NAHB Urges OSHA To Rescind Proposed Silica Rule

We recently posted an article about whether silica exposure claims might emerge as the next toxic tort. A particular focus of that article was the Occupational Safety and Health Administration’s (OSHA) clearly increasing...more

Silica Exposure Lawsuits: The Next Toxic Tort?

With the Occupational Safety and Health Administration (OSHA) signaling its increased attention to workers' exposure to crystalline silica, and the plaintiffs' bar evidently in search of new subjects for "toxic tort" claims,...more

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

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

South Carolina Court Rejects Theory of Seamless Claims Made and Reported Coverage

In its recent decision in GS2 Engineering & Environmental Consultants, Inc. v. Zurich American Ins. Co., 2013 U.S. Dist. LEXIS 95137 (D.S.C. July 9, 2013), the United State District Court for South Carolina had occasion to...more

Absolute Pollution Exclusion Applies Indoors

In Midwest Family Mutual Insurance Co. v. Wolters, et al., — N.W.2d –, 2013 WL 2363239 (Minn. May 31, 2013), the Minnesota Supreme Court joined the minority view in holding that the absolute pollution exclusion applies to...more

Vapor Intrusion Developments

Potential buyers and sellers take note — on April 16, 2013, the U.S. Environmental Protection Agency (U.S. EPA) issued draft guidance that would require more evaluation of "vapor intrusion" (migration of any hazardous vapors...more

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

How to Effectively Use Surveillance Video in Tort Cases

One of the things that has changed the most since I started practicing law two decades ago is the prevalence of surveillance video in tort cases. Given its influence on litigation, it’s important for both plaintiffs and...more

DISPUTE RESOLUTION: Tort Litigation: FERC Denies Marcellus Shale Natural Gas Radon Lung Cancer Risk Claim by Ralph H. Johnson

The Federal Energy Regulatory Commission (FERC) recently rejected claims that radon in Marcellus Shale natural gas would lead to thousands of lung cancer deaths. These claims arose from FERC’s May 21, 2012 grant of a...more

Toxic Tort and Environmental Law Update: September 2012 -- Indiana Supreme Court Interprets Application of Statute of Repose in an...

Statutes of repose can provide immunity for contractors against latent asbestos personal injury claims filed several years after the work was performed and the plaintiff was exposed. Under many states’ statutes of repose,...more

The Rising Risks Of Chlorinated Solvent Contamination

Originally published in Law360, New York (July 03, 2012, 12:16 PM ET) For properties where chlorinated solvents have been released, new regulatory challenges and related liability concerns are increasing as a result of...more

Case Studies in Environmental Medicine (CSEM) Asbestos Toxicity

This educational case study document is one in a series of self-instructional publications designed to increase knowledge of hazardous substances in the environment and to promote the adoption of medical practices that aid...more

Save Time, Money & Angst -- MEET and CONFER

The purpose of the “meet and confer” requirements set forth in C.C.P. §§ 25.450(b)(2)), 2025.480, 2030.300(b), 2031.310(b), 2032.250 and 2033.290 was for the lawyers to revisit their position, in good faith discuss a...more

Am I Naïve to Think Something Should Be Done?

What do you do when you are being out muscled by a party who has deep pockets and a lawyer who's intent is to abuse the discovery process and run up his bills. ANSWER--GET THE COURT INVOLVED!!...more

Massachusetts Appeals Court Resurrects Toxic Mold Claim Against Condominium

This decision is the first Massachusetts appellate case dealing with the statute of limitations for toxic mold, so it’s quite important. The case will make it easier for toxic mold victims to sue wrongdoers in state court....more

When is an Animation Your Best Option?

Computer Animations can be successfully used in a variety of legal settings. Bring your judge or jury to the scene without them ever leaving the courtroom. You control what your audience sees; keeping their focus on your...more

Engineering flaws cited in Oil Spill Report

The Chief Counsel’s Report on the BP Deepwater Horizon Oil Spill and Offshore Drilling has been released. Following on the heals of the January National Commission report to the President, the Chief Counsel’s report “provides...more

Washington Supreme Court Recasts the Economic Loss Rule to Allow Third Party Tort Claims Against Design Professionals

A sharply divided Washington Supreme Court has held that an engineering firm owes a "duty of reasonable care encompassing safety risks of physical damage" to a party not in privity with the engineering firm. The decision in...more

Chinese Drywall and Insurance Coverage for Contractors

Chinese Drywall, or that drywall manufactured by companies such as Knauf (Germany) via Chinese factories....more

Chinese Drywall and Insurance Coverage for the General Contractor

This essay was written by Clay Olson during Spring, 2010 as a response to numerous questions regarding "Chinese" Drywall product which remains a newsworthy topic throughought the Southeastern United States. The product...more

The Restoration Survivor: Seven Survival Tips for Today's Legal Environment

Tip #1: Throw away all of your work authorizations. Once upon a time, it was okay to start on a job with nothing more than a work authorization; that is, a form that gives permission for a company to come onto a property...more

Chinese Drywall in Florida

Succinct overview of defective Chinese drywall. Special attention to the effect on residents and owners in Florida....more

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