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Prosecuting Environmental and Toxic Torts
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No. 12-0803 -- Texas Dep't of Aging & Disability Servs. v. Cannon -- The plaintiff brought a wrongful-death case against the department and department employees. The department moved to dismiss the employees, arguing that...more
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
What you need to know:
A recent Massachusetts federal trial court ruling applied pro-rata allocation and continuous trigger to progressive injury claims arising from asbestos and toxic chemicals and metals....more
Delaware Bankruptcy Judge Judith Fitzgerald in the bankruptcies of Specialty Products Holding Corp. (a/k/a RPM, Inc.) and Bondex International, Inc. rejected the Debtors’ “novel” claim estimation approach that reduced from...more
On March 5, 2013, the First District Appellate Court of Illinois ruled in John Crane, Inc. v. Admiral Ins. Co., 2013 IL App (1st) 093240-B that excess and umbrella insurers covering asbestos-related injury claims are jointly...more
Comprehensive general liability policies limit the amount the insurer has to pay for each “occurrence”, which is typically defined as an “accident” or “exposure to [injurious] conditions”. Insurers and policyholders...more
It has been nearly three months since Superstorm Sandy battered the East Coast of the United States. With several hundred thousand residents still without homes and many businesses still operating out of temporary facilities,...more
The collateral source rule in a personal injury action or tort claim generally prevents the admission of evidence that the plaintiff will be compensated from a source other than the defendant for his/her injuries. This rule...more
Law firms are increasingly using a multitude of factors to value cases. Valuation provides the parties a better means to identify the issues in litigation, discuss which ones are in dispute, and calculate a logical...more
In This Issue:
- What Law Applies When A Flood-Related Disaster Hits?
- Farm Odors and Coverage Issues Arising from “Pollutant” Property Damages.
Excerpt from What Law Applies When A Flood-Related Disaster...more
This past quarter brought us the long-awaited decision from the California Supreme Court on stacking of insurance policies. The Supreme Court has ruled that stacking of limits on successive policies is permitted on continuous...more
In its recent decision in Doe Run Resources Corp. v. Lexington Ins. Co., 2012 U.S. Dist. LEXIS 140981 (E.D. Mo. Sept. 28, 2012), the United States District Court for the Eastern District of Missouri had occasion to consider...more
Policyholders asserting claims against an insurer for damages arising from a fire, environmental contamination or other causes need to pay close attention to the “fine print” contained in their policy. Assigning a claim...more
If you’ve been involved in an Oregon car accident, and you’ve been injured, you may be wondering how to file a personal injury claim yourself to avoid paying legal fees.
But you don’t need a lawyer in every case. For...more
Partners at Sacramento Personal Injury and Class Action law firm, Kershaw, Cutter & Ratinoff, Brooks Cutter and Eric Ratinoff will share trial techniques with students at the Gerry Spence Trial Lawyers College California...more
Injured by a bus or on a bus? You may need help because buses are often owned by government agencies, which means the whole civil/personal injury process becomes more difficult and more complicated. ...more
Statutes of limitation vary by state, so make sure to know the time limits for filing a personal injury lawsuit in the state where you had your accident. Learn the basic time limits for statutes in Oregon, including personal...more
Social Networking by clients has become a ripe hunting ground for defense lawyers and others. Use this form with all new and existing clients....more
Victims and their families can breathe easier, literally and figuratively, knowing they are eligible for compensation and health benefits under the Zadroga Act.
If you are an EMT worker, NYC firefightre, NYC police office...more
It Is Not A Bad Dream
The California Electronic Discovery Act...more
This article talks about how damages are calculated in a wrongful death suit in British Columbia. Many people are surprised to learn that grief is not compensable....more
Show Them What Your Case is Really Worth. Let TV News Veterans Turn into a Broadcast Quality Documentary for Mediation. Here's what you should know:...more
Toxic chemical exposure lawyers in California and throughout the U.S. are seeing a greater frequency of toxic chemical exposures and this article explains what may well be the cause. We are all more vulnerable to toxic...more
The risk of toxic Exposure at hospitals, medical offices, nursing homes, schools, shopping malls and other public places has never been more prevalent. California toxic fumes exposure and personal injury lawyer Sebastian...more
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
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