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Toxic Torts Civil Remedies

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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

Disposal of Contamination = Disposal of Evidence. Be Careful What You Throw Away!

by Snell & Wilmer on

In a recent unpublished case, the Superior Court of New Jersey held that the Plaintiff in a CERCLA case had committed spoliation when, during the course of the remedial activity, it disposed of various contaminated materials....more

Insurance Recovery Group News: Murtha Cullina Helps Policyholder Prevail Before Connecticut Appellate Court In Asbestos Coverage...

by Murtha Cullina on

In a significant Connecticut Appellate Court victory for policyholders, Murtha Cullina LLP helped Vanderbilt Minerals, LLC prevail in its coverage case against more than 20 of its insurance carriers, who had issued policies...more

Post-Midwest: Section 99(2) of the EPA Proves a Powerful Tool

by Bennett Jones LLP on

The Ontario Superior Court awarded damages for migration of dry cleaning solvents the defendant corporation spilled between 1960 and 1974 in Huang v Fraser Hillary's Limited, 2017 ONSC 1500 [Huang] under section 99(2) of the...more

Pro Te: Solutio - Vol. 9 No. 2 - Summer 2016

by Butler Snow LLP on

...With this issue, our focus shifts to one that often “dogs” us in serial and consolidated litigation: federal multi-district litigation. Our articles offer some insights into various aspects of MDLs, along with practical...more

Dallas Court of Appeals Reverses $2.9 Million Jury Verdict, Finding Insufficient Evidence of Intent

In 2014, the jury awarded $2.9 million to plaintiff landowners in Lisa Parr et.al. v. Aruba Petroleum, Inc., a case involving alleged hydrocarbon exposure due to hydraulic fracturing operations. Earlier this week, the Dallas...more

Steven Lane v. State of Arizona, et al

Jones, Skelton & Hochuli Governmental and Appellate Group members John DiCaro and Justin Ackerman recently obtained summary judgment on a premises liability and fraudulent transfer lawsuit filed against Gavilan Peak, LLC. On...more

Another Modest Proposal (This Time, About Discovery)

by Reed Smith on

Bexis recently attended the “Emerging Issues in Mass-Tort MDLs Conference” sponsored by Duke Law School (those of us from Philly remember Duke as part of “Black Saturday” back in 1979). Several panels discussed various...more

County Counsel Teamwork: The Exide Story

by Best Best & Krieger LLP on

Justice: (1) the principle or ideal of just dealing or right action; (2) conformity to this principle or ideal The concept of environmental justice is straightforward, the pathway to practical solutions are often...more

Put Up or Pay Up: Mentor Obtape MDL Judge Promises Sanctions to Plaintiff Attorneys Filing Meritless Cases

by Reed Smith on

We spend the vast bulk of our professional life working in the context of MDLs. We know the drill: plaintiff lawyers file hundreds or thousands or tens of thousands of cases. At some point, the cream rises to the top in...more

Lesson of Ninth Circuit CERCLA Decision: Prepare to Prove Recoverable Costs

On June 13, 2016, the Ninth Circuit held that a party which has settled its liability pursuant to a CERCLA section 1071 cost recovery claim may recover any response costs not covered by the settlement under CERCLA section...more

Punitives Slashed in Wyoming Carbon Monoxide Case

by Snell & Wilmer on

In a case closely watched by tort reformers, a federal appeals court has whittled a $25.5 million punitive damages award to $1.95 million in a carbon monoxide poisoning lawsuit in Wyoming. Reversing much of the lower...more

Component Parts Doctrine not Applicable to Products Used in Manufacturing Process That are not Incorporated into a Different...

by Low, Ball & Lynch on

Flavio Ramos, et al. v. Brenntag Specialties, Inc., et al. - California Supreme Court (June 23, 2016) - In cases of claimed injury from asbestos exposure, the component parts doctrine was designed to provide...more

Texas Court of Appeals Issues Important State Superfund Order

In a “case of first impression,” U.S. Court of Appeals for the Third Circuit,texascapitol sitting in Austin, in TCEQ v. Exxon Mobil Corporation, et al., issued an important decision interpreting the scope of the Texas Solid...more

Injury resulting from exposure to asbestos does not exist separately to the injury of anxiety to workers of classified...

by Reed Smith on

This client alert is relevant for companies that are exposed to industrial risks in France, and addresses in particular the asbestos cases and the related injuries. It points out the fact that, following the judgment rendered...more

Indiana High Court Rules Statute of Repose Inapplicable in Cases of Protracted Exposure to Substances

by Wilson Elser on

On March 2, 2016, the Indiana Supreme Court rendered an opinion in the consolidated appeals in three cases. The Court held that the Indiana Product Liability Act’s statute of repose does not apply to cases involving...more

Government Inaction May Give Rise to Claim for Condemnation Compensation

by Pessin Katz Law, P.A. on

In a case of first impression in Maryland, the Court of Appeals, Maryland’s highest court, (the “Court”) held on January 22, 2016, that as a preliminary and procedural matter, government failure to act may give rise to a...more

Double Counting and Inflexibility Are Unreasonable in 4A Negotiations Says Mass. Appeals Court: Court Affirms Award of Attorneys’...

by Beveridge & Diamond PC on

Seeking 80 percent of remedial costs from each of two potentially responsible parties and “inflexibility” in pre-litigation negotiations are sufficiently unreasonable to trigger attorneys’ fees under the Massachusetts cleanup...more

California Court Of Appeal Bends Over Backwards To Uphold Substantial Punitive Award In Asbestos Case

The Due Process Clause of the Fourteenth Amendment requires procedural fairness in state trials, but that principle seems absent from a recent California Court of Appeal decision upholding a judgment against Kaiser Gypsum...more

Proposed Amendments Regarding Proposition 65 Settlements

by Archer Norris PLC on

This is Archer Norris attorney Peter W. McGaw’s comment letter to the Attorney General on the proposed amendments to the Title 11, Division 4 regulations regarding settlement of Proposition 65 cases. Please see full...more

California Attorney General Targets Prop. 65 Plaintiffs’ Settlement Terms

by Stoel Rives LLP on

The California Office of the Attorney General is seeking to limit certain payment provisions common in Prop. 65 plaintiffs’ settlements with defendants. The proposed rulemaking, published September 25, 2015, would limit the...more

Court Of Chancery Grants Stay Of Derivative Case

by Morris James LLP on

A stay of derivative litigation is hard to get even when there is another case pending elsewhere. But when, as here, the other litigation may expose the company to significant liability, a stay of the derivative action...more

It’s All Good – New Jersey Judge Approves NJDEP’s Controversial $225 Million Settlement with ExxonMobil

by Cole Schotz on

After months of controversy, public comments, response to public comments, motions to intervene, amicus briefs, oral arguments, editorials and a sustained flurry of activity in social media, the decision we have been waiting...more

Ninth Circuit Reverses Dismissal of Damages Claim in San Diego Contamination Suit

by Beveridge & Diamond PC on

In a decision that may reopen the door to significant damages in a California soil and groundwater contamination suit, the Ninth Circuit reversed a trial court’s dismissal of the City of San Diego’s restoration and real...more

Foes of the NJDEP $225 Million Settlement with Exxon Mobil Must File “Friend of the Court” Briefs Today

by Cole Schotz on

After denying their motions to intervene last week (see our coverage here), Judge Hogan issued a Scheduling Order that sets today as the deadline for the eight environmental organizations and State Senator Lesniak (D-Union)...more

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