News & Analysis as of

Abatement

Major Public Nuisance Ruling by California Court of Appeals

by Davis Wright Tremaine LLP on

On November 14, 2017, California Court of Appeals affirmed liability findings in $1.15 billion judgment ordering three lead paint manufacturers to abate public nuisance in 10 counties and cities containing homes built before...more

CA appellate court upholds most significant portions of $1.15B abatement judgment against lead paint manufacturers

by Dentons on

In a unanimous 138-page decision issued on November 14, 2017, which departed from appellate courts in every other jurisdiction that have considered the issue, the California Sixth District Court of Appeal in People v. ConAgra...more

The hidden exposure of tenant estoppels and SNDAs

by Thompson Coburn LLP on

You have signed a lease as a tenant. The negotiations were long and convoluted, but the lease has been signed and the space has been built-out. You have moved your company into the space, paid the security deposit, and are...more

Help! I am a residential landlord and I received a rent escrow action summons in the mail

by Hellmuth & Johnson PLLC on

If you are a landlord of residential rental property in the state of Minnesota, you may be subject to a rent escrow action to remedy alleged “violation(s)” at your property....more

Arkansas Asbestos Abatement Grant Program: Arkansas Department of Environmental Quality Seeks Public Comment on...

The Arkansas Department of Environmental Quality (“ADEQ”) issued, pursuant to its Arkansas Asbestos Abatement Grant Program (“Program”), a Procedures and Applicant Guide (“Guide”). ADEQ is soliciting comments on the Guide...more

Arkansas Natural Resources Commission Solicitation: Projects, Programs, Initiatives and Activities Related to Water Quality...

The Arkansas Natural Resources Commission (“ANRC”) states that it is, in cooperation with the University of Arkansas Division of Agriculture Public Policy Center, soliciting information: - . . . of Water Quality...more

Second Circuit Finds Death Extinguishes Trial Convictions and Related Restitution Order – But Tax Offenses and Bail Forfeiture...

In 2010, a federal jury in the Eastern District of New York convicted body-armor tycoon David H. Brooks of multiple counts of conspiracy, insider trading, fraud, and obstruction of justice for his role in a $200 million...more

How Due Process Will Wither and Die under California’s New Air Contaminant Law: AB 1132 Authorizes Air Districts to Shut Down...

by Stoel Rives LLP on

Governor Jerry Brown signed Assembly Bill 1132 (“AB 1132”) into law on August 7, 2017. The bill, authored by Democratic Assemblymember Cristina Garcia, adds Section 42451.5 to the Health and Safety Code which authorizes air...more

Texas Passes Bill to Curb Hail Litigation

Texas governor Greg Abbott recently signed legislation designed to curb the state’s recent spate of hail litigation against homeowner’s insurers. The new legislation, House Bill 1774 (and its counterpart Senate Bill 10), will...more

Til Death Do Us Part – Second Circuit Vacates Deceased Former New York State Senator’s Criminal Fine and Special Assessment under...

In United States v. Libous, 15-3979 (2nd Cir. May 30, 2017) (Katzmann, Winter, Stein), the Second Circuit vacated the jury conviction of former New York State Senator Thomas W. Libous’ and remanded the case to the district...more

Dealing with Nuisance Properties: The Tools in Your Code Enforcement Tool Box

by Best Best & Krieger LLP on

A nuisance residential or commercial property creates serious problems for the surrounding community and headaches for the officials who must deal with it. If left unchecked, these blighted properties become a chronic drain...more

Manatt on Health Reform: Weekly Highlights - November 2016 #4

CMS releases a wave of new regulations and guidance for Medicaid and CHIP; Michigan receives CMS approval for a lead abatement initiative; and Utah continues to push for its limited expansion of Medicaid coverage....more

Billboard Regulations: Cities and Counties

by Best Best & Krieger LLP on

No State Preemption of Local Billboard Regulations, California Appellate Court Finds - The Outdoor Advertising Act does not preempt local regulation of billboards, a California appellate court has ruled. In a decision...more

[Webinar] OSHA Issues During Acquisitions and Divestitures - November 8th, 1:00p.m. EST

by Conn Maciel Carey LLP on

OSHA compliance issues have been long ignored in the due diligence process for mergers, acquisitions and divestitures. With OSHA’s new focus on follow-up inspections and Repeat citations, and expanding the concept of...more

Pierce Atwood Environmental Regulatory Compliance Calendar

by Pierce Atwood LLP on

Federal - Notice of Availability of the Environmental Protection Agency’s Two Updated Chapters in the EPA Air Pollution Control Cost Manual - EPA is making two finalized chapters of the EPA Air Pollution Control...more

A New Defense to Nuisance Injunction Actions in Tennessee

by Butler Snow LLP on

After July 1, 2016, under certain limited circumstances, real property owners in Tennessee may abate a nuisance on their property (of which they were unaware), and avoid the harsh effects of an injunction, without...more

New ALJ Decision Emboldens OSHA to Demand More Corporate-Wide Abatement

by Conn Maciel Carey LLP on

Employers with multiple worksites beware – OSHA is now much more likely to demand so-called “enterprise-wide abatement” in Complaints filed with the Occupational Safety and Health Review Commission (the “Review Commission”)....more

Federal ALJ Allows OSHA to Seek Enterprise-Wide Abatement of Hazards Discovered at One Location

OSHA inspections are usually site-specific, meaning that the agency’s authority to issue penalties and to seek abatement of workplace hazards applies to the workplace actually inspected. Last month, a federal Administrative...more

To Stay or Not to Stay … That Is the Question

by Carlton Fields on

In the insurance arena, courts are often confronted with simultaneous lawsuits involving the same, or almost the same, parties. In the “underlying case” a claimant seeks damages from an insured defendant. Simultaneously, the...more

OSHRC Law Judge Orders Trial on Enterprise-Wide Hazard Abatement for Powered Industrial Trucks Standard

by Seyfarth Shaw LLP on

An Administrative Law Judge has held that the Occupational Safety and Health Review Commission (OSHRC) “may have authority under the Occupational Safety and Health Act” to order abatement measures sought by the Occupational...more

Judge Says OSHA Can Seek Hazard Abatement at Worksites it Never Inspected

by Fisher Phillips on

We saw more OSHA changes in 2015 than in any time in the last 30 odd years. Nevertheless, an OSHA Administrative Judge issued a decision a few weeks ago that could eclipse OSHA’s 2015 pronouncements on temporary employees,...more

California Appellate Court Clarifies Proper Amount of Evidence Required to Support Restitution Order

by Best Best & Krieger LLP on

Question Considered in Graffiti Abatement Case - A recent California Appellate Court decision regarding restitution evidence in a graffiti abatement case clarifies the sort of evidence cities should present in...more

Don’t Get Burned: Five Considerations When Leasing Restaurant Space in an Office Building

Leasing restaurant or café space in an office building requires certain considerations that a restaurant tenant may not encounter if it typically leases space in traditional retail settings. It is also important to realize...more

Reed Smith Instrumental in New Proposed Regulations Concerning the Sales Taxation of Shipping Charges in Illinois

by Reed Smith on

On August 28, 2015, the Illinois Department of Revenue’s (the “Department”) proposed regulations clarifying the Department’s position on the sales taxation of shipping charges were posted to the Illinois Register, commencing...more

Insurance Recovery Law - August 2015 #2

Good News for Corporate Policyholders: Insurer Cannot Refuse Coverage Based on Insured's Assignment of Rights Under Policies After Loss Has Occurred - Why it matters: Reversing its holding in a 2003 case, the Supreme...more

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