News & Analysis as of

Contaminated Properties Damages

Gray Reed

Louisiana Oilfield Settlement Agreement Fails to Release Non-Party

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Most states call it a third-party beneficiary contract. Leave it to Louisiana to be different. In Adams v. Chevron USA Inc., the plaintiffs claimed that oilfield pipe-cleaning activities of Chevron and others contaminated...more

American Conference Institute (ACI)

[Virtual Event] Contaminated Sites Liability & Litigation Risk - April 22nd, 8:30 am - 5:30 pm EDT

The Canadian Institute’s advanced conference on Contaminated Sites Liability & Litigation Risk takes a deep dive into the most critical challenges affecting land developers, real estate and legal professionals, and...more

Spilman Thomas & Battle, PLLC

Product Lines - Toxic Torts and Products Liability Insights: Issue 2, 2019

Welcome to the second 2019 issue of Product Lines – our quarterly e-newsletter that focuses on toxic torts and products liability issues. For this edition, we are reporting on several important and timely legal issues. As...more

Beveridge & Diamond PC

District Court Permits Landowner to Pursue Hazardous Material Dumping Case Against the U.S. Navy

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Illustrating what constitutes sufficient notice to the government of the value of a claim under the Federal Tort Claims Act (FTCA), a Maryland federal court rejected the Navy’s claim that it had insufficient notice of the...more

Beveridge & Diamond PC

Kentucky Appeals Court Outlines Limitations on Stigma Damages

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Illustrating the limitations on so-called “stigma” damages under Kentucky law, Kentucky appellate court ruled that a claim for stigma damages is not an independent cause of action, and that such damages are not available in...more

Gray Reed

Another Oil Field Contamination Plaintiff Waits Too Long

Gray Reed on

Suggestions to Texas lessors after ExxonMobil v. Lazy R Ranch, et al: Claiming that you were not aware of contamination from oil spills you’ve know about for 20 years is a tough sell, and suing your long-time lessee for...more

Sheppard Mullin Richter & Hampton LLP

Environmental Litigation and Toxic Torts Update – Mountain/West Coast Case Law Highlights

Ninth Circuit Issues Major Cercla Decision Finding That Arranger Liability Cannot Be Based On Contamination Deposited On A Site By The Wind - Pakootas v. Teck Cominco Metals, No. 15-35228, 2016 U.S. App. LEXIS 13662 (9th...more

Williams Mullen

Money, Dirt and Steel: Spring 2016 Newsletter

Williams Mullen on

A snapshot of noteworthy cases from the Spring terms of the North Carolina appellate courts related to lending practices, property rights and construction in North Carolina - Money - FORECLOSURE: - Lender...more

Bennett Jones LLP

Polluter Still Pays: BC Court of Appeal Upholds Award of Damages Against Historical Polluter

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The British Columbia Court of Appeal upheld a lower court decision ordering ICI Canada Inc. (now PPG Architectural Coatings Canada Ltd) to pay $4.75 million in remediation costs following a trial which enforced the “polluter...more

Beveridge & Diamond PC

New Jersey Landowner Forfeits Damages by Allowing Defendant to Remediate

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In what may be a cautionary tale for owners of contaminated property, a New Jersey appellate court has ruled that a landowner forfeited any claim to property damages when he allowed the responsible party to perform...more

Cole Schotz

New Jersey Appellate Court Limits Measure of Damages for Contaminated Properties

Cole Schotz on

On August 27, 2014, the Superior Court of New Jersey ruled in favor of Puritan Oil against a New Jersey property owner, finding that where the oil company had already taken steps to remedy contamination it caused on...more

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