News & Analysis as of

Breach of Contract Contamination

Mitchell, Williams, Selig, Gates & Woodyard,...

Contaminated Soil/Sewer Contractor: New York Appellate Court Addresses Breach of Contract/Unjust Enrichment Claims Against Natural...

The Supreme Court, Appellate Division, Second Department, New York (“Appellate Court”) addressed in a September 13th Opinion issues arising out of a sewer contractor’s discovery of contaminated soil in the course of...more

(ACOEL) | American College of Environmental...

New Mexico Eviscerates the Absolute Pollution Exclusion

In my last blog, I discussed the seminal ruling in Chisholm’s-Village Plaza, LLC v. Travelers Insurance Co., et al.; No. 2:20-cv-00920-JB-KRS, in which the United States District Court for the District of New Mexico analyzed...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Environmental Transactional Issue: New Jersey Appellate Court Addresses Contractual Dispute Over Responsibility for Petroleum...

Co-Author: Jenna Davidson The Superior Court of New Jersey, Appellate Division (“Appellate Court”) addressed in a May 11th Opinion a breach of contract claim concerning remediation of multiple environmental conditions...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Groundwater Contamination/Dry Cleaners: Alaska Supreme Court Addresses Whether Seller Had a Duty to Disclose

The Alaska Supreme Court (“Court”) addressed in a December 30th opinion issues arising out of the purchase of a property that had groundwater contamination. See Gavora, Inc. v. City of Fairbanks, 502 P.3d 410. ...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented Litigation Insights, Issue 26, October 2020

This 26th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us returning to now-familiar topics involving liability protection for businesses, wrongful death lawsuits (particularly those...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights, Issue 21 - August 2020

This 21st edition of Unprecedented, our weekly update on COVID-19-related litigation, pairs defense victories with new claims. Lenders obtained the dismissal of a lawsuit claiming agent fees under the PPP program, and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Transactional Issues/Remediation: Pennsylvania Court Addresses Whether Imposition of Environmental Covenant Constitutes Material...

The Superior Court of Pennsylvania (“Court”) addressed in a June 30th Opinion issues arising out of the sale and financing of a service station (“Property”). See Schluth v. Krishavtar, Inc., No. 2013 EDA 2019, 2020 WL...more

Farella Braun + Martel LLP

3 Lessons For Calif. Insureds From Late-Notice Rule Decision

In Pitzer College v. Indian Harbor Insurance Company, the California Supreme Court resolved two previously open questions in insurance law: (1) it concluded that the notice-prejudice rule is a fundamental public policy of...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Applies Notice-Prejudice Rule to Violation of First-Party Consent Provision as a Predicate to Policy...

Pitzer College v. Indian Harbor Insurance Company, — P.3d –, 2019 WL 4065521 (2019); California Supreme Court, Case No. S239510 (Aug. 29, 2019). On certified questions by the Ninth Circuit Court of Appeals, the California...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Contamination Limit/Recyclables: MRF Operator Lawsuit Alleging Connecticut Authority Violation of Sorting/Marketing Agreement

FCR, LLC (“FCR”) filed a May 28th Complaint in Superior Court (Judicial District of Hartford) alleging that Materials Innovation and Recycling Authority (“MIRA”) has violated a Recycling Facility Operations and Maintenance...more

Carlton Fields

Third Circuit Affirms Rescission of $25 Million Contaminated Products Policy

Carlton Fields on

In H.J. Heinz Co. v. Starr Surplus Lines Ins. Co., No. 16-1447 (3d Cir. Jan. 11, 2017), the Third Circuit affirmed a District Court’s order allowing insurer Starr Surplus Lines Insurance Company (“Starr”) to rescind a $25...more

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