News & Analysis as of

Statute of Limitations Contamination

Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period... more +
Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -
Rivkin Radler LLP

Insurance Update - January 2024

Rivkin Radler LLP on

In our January insurance update, we include three state cases addressing some less common situations. It’s not often that a pollution exclusion is interpreted in the context of an auto policy. But the South Dakota Supreme...more

Beveridge & Diamond PC

New York Extends Limitations Period for Emerging Contaminant Claims by Water Suppliers

Beveridge & Diamond PC on

On October 5, 2022, New York Governor Kathy Hochul signed a bill allowing public water suppliers to prosecute previously time-barred claims relating to emerging contaminants in their water supply wells. N.Y. CPLR 214-h...more

Morgan Lewis

New York State Lengthens Statute of Limitations for Water Provider Contamination Lawsuits

Morgan Lewis on

New York Governor Andrew Cuomo signed legislation (S.3337C/A.5477C) on November 4 amending the New York Civil Practice Law and Rules to add new Section 214-h, which effectively lengthens the statute of limitations for claims...more

Beveridge & Diamond PC

Groundwater Contamination Claim Survives Motion to Dismiss

Beveridge & Diamond PC on

A recent decision of the Eastern District of New York in a groundwater contamination action illustrates the fact-sensitive nature of statute of limitations defenses. In Hicksville Water Dist. v. Philips Elecs. N. Am. Corp.,...more

Pillsbury - Gravel2Gavel Construction & Real...

Water District’s VOC Claims Time Barred

On March 2, the U.S. Court of Appeals decided the case of Bethpage Water Dist. v. Northrop Grumman Corp., and affirmed the lower court’s dismissal on New York statute of limitations grounds, the Bethpage Water District’s...more

Haight Brown & Bonesteel LLP

Use It or Lose It: California Court of Appeal Addresses Statutes of Limitations for Latent Construction Defects and Damage to Real...

The First Appellate District of the California Court of Appeal recently confirmed California’s latent defect statute of limitations, codified in California Code of Civil Procedure section 337.15, bars only claims based on...more

Beveridge & Diamond PC

Texas Supreme Court Tosses Untimely Damages Claims, Leaves Open Possibility of Injunctive Relief

Highlighting the importance of proving a factual timeline in a statute of limitations analysis, the Texas Supreme Court held that a cattle ranch owners’ claims related to alleged contamination from long-dormant oil and gas...more

Pillsbury - Gravel2Gavel Construction & Real...

Texas Supreme Court Reverses Two Court of Appeals Decisions Involving Environmental Issues

On February 24, the Texas Supreme Court released several decisions, including two rulings involving aspects of environmental law. The cases are ExxonMobil Corporation v. Lazy R Ranch, et al., and ExxonMobil Pipeline Company,...more

McGuireWoods LLP

Can the ‘Long-Ago’ Nature of Conduct Bar Punitive Damages — Even for Recent Injuries?

McGuireWoods LLP on

Does the statute of limitations bar a claim for punitive damages if the conduct occurred outside the limitations period, but the plaintiff’s injuries occurred within it? An Illinois federal judge recently confronted this...more

Cole Schotz

Court “Un-Laches” Backdoor Defense to Spill Act?

Cole Schotz on

After the NJ Supreme Court Finally Closed the Door on The Statute of Limitations Defense To NJ Spill Act Contribution Claims, Laches Emerges as a Possible Backdoor Defense. The Bergen County Superior Court issued a...more

Beveridge & Diamond PC

Toxic Tort & Product Liability Quarterly Vol. 9, No. 3, August 2016

Beveridge & Diamond PC on

California Appellate Court Upholds “Every Exposure” Theory - Deferring to the role of a jury in resolving questions of competing scientific theories, a California appeals court upheld a trial court’s ruling allowing...more

Beveridge & Diamond PC

New York Extends Statute of Limitations for Personal Injury Damages Caused by Contamination from Superfund Sites

Beveridge & Diamond PC on

On July 21, 2016, New York Governor Cuomo signed into law New York State Assembly Bill No. A09568, which amends the statute of limitations for filing actions to recover damages for personal injury caused by contamination...more

Pillsbury - Gravel2Gavel Construction & Real...

Vermont’s Generalized Injury Claims from MTBE Contamination Time-Barred

On May 27, 2016, Vermont’s Supreme Court, in State of Vermont v. Atlantic Richfield Company, et al., ruled that the State of Vermont’s “generalized injury” claims “to state waters as a whole due to groundwater contamination...more

K&L Gates LLP

New Jersey Supreme Court Rules Unanimously: There is No Statute of Limitations Defense to Contribution Actions Under the Spill Act

K&L Gates LLP on

On January 26, 2015, the New Jersey Supreme Court unanimously ruled in Morristown Associates v. Grant Oil Co. that the general six-year statute of limitations for injury to real property does not apply to contribution claims...more

Foley Hoag LLP - Environmental Law

When Does the Statute of Limitations Run on CERCLA Claims? No, Never? Well, Hardly Ever

In State of New York v. Next Millenium Realty, decided earlier this week, the 2nd Circuit Court of Appeals confirmed the wisdom of Gilbert and Sullivan. It is very difficult to blow the statute of limitations in CERCLA...more

15 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide