News & Analysis as of

Contamination Jurisdiction

Holland & Knight LLP

Economic Harm Claims from Purportedly Contaminated Baby Food Dismissed for Lack of Injury

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Past presentations and posts have addressed the defense of consumer class action cases via motions to dismiss for lack of subject matter jurisdiction. Briefly, most consumer class action cases are brought in (or removable to)...more

Harris Beach Murtha PLLC

Plaintiffs Cannot Defeat Federal Removal Jurisdiction by Artful Pleading

The allegations of a plaintiff’s complaint do not control when evaluating removal under the federal officer removal statute, 28 U.S.C. § 1442(a)(1), and instead the court must credit the defendant’s theory of the case when...more

Fox Rothschild LLP

Alleging Non-AFFF Claims in a Separate Action May Not Keep Those Claims in State Court

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State government plaintiffs in cases against PFAS manufacturers have adopted the strategy of filing parallel complaints in state court – one for recovery for contamination caused by PFAS in AFFF and a second for potentially...more

IMS Legal Strategies

The Water’s Fine? Navigating Water Contamination Litigation

IMS Legal Strategies on

Perhaps one of the most quintessential concerns for corporate defendants in the last decade is that of nuclear verdicts. In just a decade, from 2013 to 2022, there were 115 verdicts of $100 million or more. The Institute for...more

White and Williams LLP

The Complex Insurance Coverage Reporter: September 2024

White and Williams LLP on

S.K.A.V., L.L.C. v. Indep. Specialty Ins. Co., 103 F.4th 1121 (5th Cir. 2024) Fifth Circuit predicts that, as amended, a Louisiana statute (Revised Statute § 22:868)* prohibiting certain insurance contracts from depriving...more

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

RCRA/11th Amendment: Federal Court Addresses Immunity of Two California Officials

A United States District Court (E.D. California) (“Court”) addressed in a July 31st Order a federal question jurisdiction issue arising out of a Federal Resource Conservation and Recovery Act (“RCRA”) judicial action. See...more

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

Takings/Water Contamination: Federal Appellate Court Addresses Jurisdictional Issue Involving Water District Damage Claim

The United States Court of Appeals, Federal Circuit, (“Court”) addressed in a July 19th opinion whether the Court of Federal Claims (“Lower Court”) has subject matter jurisdiction to address a takings claim involving water...more

White & Case LLP

Supreme Court finds that UK-domiciled parent company may owe duty of care to third parties for the acts of its foreign...

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On 10 April 2019, the Supreme Court in Vedanta Resources Plc v Lungowe, determined that a UK-domiciled parent company may owe a duty of care to third parties affected by operations of its foreign subsidiary....more

Pillsbury - Gravel2Gavel Construction & Real...

Texas Supreme Court Discusses Primary Jurisdiction For Environmental Contamination Claims

On April 28, the Texas Supreme Court, affirming the Court of Appeals of Texas, First District, sitting in Houston, issued a unanimous ruling in the case of Forest Oil Corporation v. El Rucio Land and Cattle Company, Inc., et...more

Williams Mullen

Virginia Federal Court Holds Groundwater Contamination Triggers Clean Water Act Jurisdiction

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Dominion Virginia Power (Dominion) operates a coal-fired power plant in Chesapeake, Virginia. It maintains permits for its operations, including a Virginia solid waste management permit and a Virginia Pollutant Discharge...more

Bennett Jones LLP

Supreme Court Declares Canadian Corporations may be Liable for Acts of Foreign Affiliates

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In a just-released decision, Chevron Corp v Yaiguaje, 2015 SCC 42, the Supreme Court of Canada held that Canadian courts have jurisdiction to decide whether a foreign judgment can be enforced in Ontario against either or both...more

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