News & Analysis as of

Cost Recovery Appeals

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Confirms the “Knowing and Intentional” Standard of California’s Wage Statement Law Requires a “Knowing...

In Naranjo v. Spectrum Security Services, the case’s second appearance before the California Supreme Court in two years, the Supreme Court confirmed that an employer does not incur civil penalties for failing to report unpaid...more

Smith Gambrell Russell

Supreme Court Reverses D.C. Circuit on Superfund Cost Recovery Statute of Limitations

Smith Gambrell Russell on

The Supreme Court has reversed a DC Circuit decision which held that the territory of Guam was time-barred from pursuing a cost recovery action under CERCLA against the U.S. Government to pay its fair share for the clean-up...more

Smith Gambrell Russell

U.S. Supreme Court to Review Application of Statute of Limitation in Superfund Cost Recovery Case

The U.S. Supreme Court is set to issue a decision in a Superfund cost recovery case which could provide clarity on whether non-Superfund settlements can start the clock on Superfund’s contribution claims’ statute of...more

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

State Storage Tank Trust Fund: South Dakota Supreme Court Addresses Cost Recovery Action for Prior Payments to Oil Company

The Supreme Court of the State of South Dakota (“Court”) addressed in an August 12th opinion an action by the State of South Dakota and the South Dakota Petroleum Release Compensation Fund (“Fund”) action to recover payments...more

Nossaman LLP

Lessons in Litigating Inverse Condemnation Claims

Nossaman LLP on

Inverse condemnation litigation and liability has become a particularly hot topic in California over the last several years. Not many attorneys specialize in this area, and there are a number of traps for the unwary lawyers,...more

Troutman Pepper

Ohio Appellate Court Finds That Coal Mining Entities Are Liable to Pipeline Operator for Preventative Measures to Protect Against...

Troutman Pepper on

Columbia Gas Transmission, LLC v. Ohio Valley Coal Co., 2019 BL 99544 (Ohio Ct. App. Mar. 21, 2019) - Columbia Gas Transmission, LLC (“Columbia”) operated a high-pressure gas pipeline. A portion of pipeline crossed land...more

Foley Hoag LLP - Environmental Law

Yes, Virginia, Selling a Building Known to Contain PCBs Can Constitute An Arrangement for Disposal

Some cases just make you wonder what people were thinking. I’m not even sure Donald Trump would have tried to get away with what Dico, Inc., tried to get away with. In 1994, EPA issued an administrative order, requiring...more

Holland & Knight LLP

Tenth Circuit Affirms Airline's Enforcement of Terms Regarding Nonrefundable Tickets

Holland & Knight LLP on

In Martin v. United Airlines, Inc., __ Fed. App'x __, 2018 WL 992289 (10th Cir. Feb. 21, 2018), Oklahoma residents brought a putative class action asserting various breach of contract theories against the airline arising from...more

Foley & Lardner LLP

Seventh Circuit Reverses Order Denying Costs Because the Case Was “Close”

Foley & Lardner LLP on

Can federal courts deny a prevailing party litigation costs because it was a close case? According to the Seventh Circuit’s recent opinion in United States ex rel. Pileco, Inc. v. Slurry Systems, Inc., No. 14-1267 (7th Cir....more

Hinshaw & Culbertson LLP

Attorney Fees Incurred In Enforcement Of Anti Slapp Attorney Fee Award Are Recoverable Costs

In York v. Strong (2015) 234 Cal.App.4th 1471, the California Court of Appeal for the Fourth Appellate District reviewed an attorney fee award and a post-judgment attorney fee award under the SLAPP suit statute....more

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