News & Analysis as of

Lead Paint

Sheppard Mullin Richter & Hampton LLP

New Court Ruling Pokes Holes in Contractual Limitation of Liability Language in Commercial Leases

Creating certainty in the inherent uncertainty of the future is the name of the game when it comes to drafting commercial leases. When courts overrule provisions that the parties to the lease have agreed upon, however, that...more

Goldberg Segalla

[Webinar] An Ohio Primer: Critical Insurance Coverage Issues in the Buckeye State - April 9th, 12:00 pm - 1:00 pm EDT

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Ohio presents unique challenges to practitioners handling insurance claims in the state. Join Goldberg Segalla partners Michael A. Hamilton and Sean P. Hvisdas as they host a live, interactive webinar on some of the most...more

Goldberg Segalla

EPA Proposes Stronger Lead Paint Standards

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The Environmental Protection Agency announced July 12 “a proposal to strengthen requirements for the removal of lead-based paint hazards in pre-1978 buildings and child care facilities… to better protect children and...more

Mintz

If you're not taking seriously the federal requirements applicable to removing lead paint you should read this!

Mintz on

Inside EPA is reporting on a Defendant charged with many felonies including a felony violation of the Toxic Substances Control Act, conspiracy to violate the Act, obstruction of justice, and other serious charges relating to...more

J.S. Held

Lead-Based Paint Regulations & How They Impact Your Project - Second Edition

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Projects that involve damage or disturbance of painted or coated surfaces, as well as development or improvements of existing structures, may involve some level of lead impact regardless of the type, age, or location of the...more

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

Reduction of Lead Exposures and Disparities in U.S. Communities: U.S. Environmental Protection Agency Strategy Released

The United States Environmental Protection Agency (“EPA”) released a document titled: Strategy to Reduce Lead Exposures and Disparities in U.S. Communities (October 2022) (“Strategy”)...more

Rivkin Radler LLP

Insurance Update - September 21 2022

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Some important insurance decisions were handed down over the past month. We begin in Ohio, where public nuisance claims by state and local governments over opioids and lead paint were on full display. In Acuity, the...more

Rivkin Radler LLP

Lead Paint Litigation Raises Coverage Questions for Policyholders

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State and local governments have been pursuing “public nuisance” claims against companies responsible in some way for societal problems. We’ve seen cases against manufacturers and distributors of guns, lead paint and opioids....more

J.S. Held

Environmental Considerations In The Claims Process

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Following notification of impact to a property through the claims notification process, restorers are regularly called upon to make necessary initial decisions regarding water extraction and drying and impacted material...more

J.S. Held

The First Step in a Proper Site Evaluation: Health & Safety Analysis

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When you perform a site visit, you have two goals: collect the information needed to make a proper determination and get home safely to your family. While some hazards are readily visible and easily noticeable, others are...more

Rivkin Radler LLP

Insurance Update - May 18 2022

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You’ll find some notable decisions in our May Insurance Update. Appeals over pandemic-related business interruption losses have made their way up to state high courts. And so far, these courts have continued the trend...more

Husch Blackwell LLP

Federal Court Tosses Fifteen-Year-Old Lead Paint Personal Injury Lawsuit

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On March 2, 2022, a Wisconsin federal judge dismissed Burton v. Am. Cyanamid Co., No. 07-C-0303, 2022 WL 623895 (E.D. Wis. Mar. 2, 2022), a lingering fifteen-year personal injury litigation against lead-based paint...more

Wiley Rein LLP

Lead-ing into Uncertainty: EPA Signals a Confusing New Enforcement Strategy Against Property Management Companies Under the RRP...

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Effective March 21, 2022, the U.S. Environmental Protection Agency (EPA or the Agency) has withdrawn from its website two questions and the Agency’s answers (FQs) related to Property Management Companies’ (PMC) obligations...more

Goldberg Segalla

Lead Exposure Claims: Proactive Strategies for Effective Resolution

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Join Goldberg Segalla’s Joshua L. Milrad and Kerry L. Jones for a discussion on the types of lead paint claims an Environmental Claims Unit (ECU) is likely to receive with approaches to effective resolution. Key jurisdictions...more

Kilpatrick

Property Management Companies Beware – New Risk of Liability Related to Lead-Based Paint in Pre-1978 Housing

Kilpatrick on

Environmental Justice is a key priority of the Biden Administration and, included in that priority, is addressing the risks presented by lead exposure. The risks of lead-exposure are well-known and addressing these risks has...more

Hinshaw & Culbertson - Insights for Insurers

Part Six: Reviewing Key U.S. Insurance Decisions, Trends, & Developments

This is the sixth installment of our series of articles reviewing some of the key trends and developments currently impacting the U.S. insurance industry. Lead Paint - Coverage issues relating to the $400...more

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

Lead-Based Paint Enforcement: U.S. Environmental Protection Agency and Washington Renovator Enter into Expedited Settlement...

The United States Environmental Protection Agency (“EPA”) and A1 Asbestos LLC (“A1”) entered into a January 5th Expedited Settlement Agreement and Final Order (“ESA”) addressing alleged violations of: . . . the Washington...more

Foley & Lardner LLP

Seventh Circuit Confronts Wisconsin’s “Risk-Contribution” Theory in Reversing $6 Million Lead Paint Verdict

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The back-and-forth between Wisconsin’s legislature and its supreme court created a unique six-year window from 2005-2011 when plaintiffs could sue manufacturers of white lead carbonate, a substance formerly used in some...more

Faegre Drinker Biddle & Reath LLP

Not All’s Well That Ends Well: The Seventh Circuit Misapplies Daubert, but Still Delivers a Victory

The nature of advocacy makes it hard sometimes for lawyers to focus solely on the outcome and the bottom line result. How a court gets there may not matter much to the prevailing party in the dispute as they celebrate the...more

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

Lead Renovation, Repair and Painting Rule: U.S. Environmental Protection Agency and Texas Flip N Move (EQ Media, Inc.) Enter into...

The United States Environmental Protection Agency (“EPA”) and Flip N Move Productions and EQ Media, Inc. (collectively “Flip N Move”) entered into a February 3rd Consent Agreement and Final Order (“CAFO”) addressing alleged...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - January 2021

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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

Clark Hill PLC

Further Focus on Lead-Based Paint: EPA Tightens Dust-Lead Clearance Levels for First Time in Almost 20 Years

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Last month, we shared compliance lessons to learn from the $20.75 million penalty faced by Home Depot related to renovations of pre-1978 residences. The U.S. Environmental Protection Agency (EPA) press release states that the...more

Carlton Fields

New York Supreme Court Allows Paint Company to Pursue Coverage for $102M Lead Paint Settlement

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In Certain Underwriters at Lloyd’s, London v. NL Industries Inc., a New York Supreme Court recently ruled that paint maker NL Industries Inc. may seek insurance coverage for its almost $102 million share of a settlement,...more

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

Lead Paint Litigation: Federal Appellate Court Addresses Delaware County's Intention to File Lawsuit

The United States Court of Appeals, Third Circuit (“Court”) addressed in a July 31st opinion issues arising out of Sherwin-William Company’s (“Sherwin-Williams”) lawsuit challenging a Delaware county’s alleged intention to...more

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

Criminal Enforcement/Lead Based Paint Rules: U.S. Department of Justice Announced Sentencing of Washington, D.C., Individual for...

The United States Department of Justice (“DOJ”) issued a January 16th news release stating that a Washington, D.C. individual had been sentenced in the United States District Court for allegedly violating the Toxic Substances...more

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