News & Analysis as of

Summary Judgment Hazardous Substances

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

Tank Rupture/Hazardous Materials Transportation Act: Federal Court Addresses Whether State Law Claims for Negligence/Strict...

The United States Court of Appeals for the Second Circuit (“Second Circuit”) addressed in an August 24th Opinion whether the federal Hazardous Materials Transportation Act (“HMTA”) preempted certain state tort law claims in...more

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

Well Water/Sale of Residence: Ohio Appellate Court Addresses Failure to Disclose/Fraud Issue

The Court of Appeals of Ohio (“Court”) addressed in a June 12th Opinion an issue involving an alleged fraudulent misrepresentation made by the seller of a home involving contamination of its well water. See Enger v. Black,...more

(ACOEL) | American College of Environmental...

Ohio District Court Confirms its Ruling That CERCLA Does Not Apply to Disposal of A “Naturally Occurring” Hazardous Substance

Finally, there is a substance that, when sent to a CERCLA Superfund Site, does not subject a party to liability. Many of us grew up in the environmental field understanding that anything sent to a site subjects a party to...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - January 2021

Rivkin Radler LLP on

Southern District Of New York Holds That Insured Not Entitled to Coverage For Losses Resulting From COVID-19- Sparks Steakhouse in New York City filed a coverage action against its insurer, Admiral Indemnity, alleging that...more

Fox Rothschild LLP

Duty To Defend: Under North Carolina Law, Insurer Must Defend Personal Injury Claims Arising From Direct Exposure To AFFF Despite...

Fox Rothschild LLP on

The U.S. District Court in the Western District of North Carolina recently held in Colony Insurance Co. v. Buckeye Fire Equipment Co. that an insurance company must defend personal injury claims arising from direct exposure...more

Rivkin Radler LLP

Judicial Panel on Multidistrict Litigation Centralizes Some COVID-19 Related Insurance Cases

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Judicial Panel on Multidistrict Litigation Centralizes Some COVID‐19 Related Insurance Cases As reported in our September update, the Judicial Panel on Multidistrict Litigation at its July 2020 hearing session requested...more

Rumberger | Kirk

4th DCA Reinforces Burden is on Plaintiff to Prove Actual or Constructive Notice in Slip and Falls

Rumberger | Kirk on

A recent Fourth District Court of Appeal ruling illustrates how defendants in premises liability cases can posture themselves for success at the summary judgment stage by implementing and complying with comprehensive...more

Perkins Coie

Potential Expansion of MTCA to More Owners/Operators of Contaminated Properties in Washington

Perkins Coie on

The Washington State Court of Appeals recently held the Department of Natural Resources (DNR) liable as an operator or owner of a contaminated site under the Model Toxics Control Act, RCW 70.105D (MTCA), in Pope Resources, LP...more

Cozen O'Connor

New Jersey Panel: If a Flood Is Excluded, So Are the Unhealthy Water-Borne Substances that It Leaves Behind

Cozen O'Connor on

Last week, a unanimous panel of New Jersey’s intermediate level appellate court rejected policyholder arguments that even though flood was excluded, the proximate cause of their Superstorm Sandy loss was the non-excluded...more

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