Common Law Torts

News & Analysis as of

How Courts Have Ruled on the Still-open Issue of Whether the Clean Air Act Preempts State Common Law Tort Suits

In its landmark 2011 decision in American Electric Power Co., Inc. v. Connecticut, et al., 131 S.Ct. 2527 (2011), the U.S. Supreme Court held that the Clean Air Act (CAA) and the actions by the U.S. Environmental Protection...more

The Supreme Court’s Ginsberg Decision Could Significantly Affect the Outcome of Motor Carrier Preemption Cases

In a unanimous decision, the U.S. Supreme Court recently held that the Airline Deregulation Act (ADA) can preempt even common law claims for breach of the implied covenant of good faith and fair dealing if such claims relate...more

Pennsylvania Court Holds Defectively Designed Windows and Doors May Give Rise to an “Occurrence”

On December 3, 2013, the intermediate Pennsylvania Court of Appeals decided Indalex, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA, and concluded that an “occurrence” under a commercial umbrella liability policy may...more

U.S. District Court Holds that Federal Clean Air Act Preempts Pennsylvania State Law Common Law Tort Claims

On October 12, 2012, the U.S. District Court for the Western District of Pennsylvania issued an opinion and order in Kristie Bell v. Cheswick Generating Station, GenOn Power Midwest, L.P., No. 2:12-cv-929, holding that state...more

No Snooping Allowed

In the age of electronic information it is easier than ever, for those so inclined, to snoop into our private lives and access some of our most personal information....more

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