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K&L Gates LLP

Litigation Minute: Tough to Swallow: Increased State Regulation of and Attention on Contaminants in Food

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What You Need to Know in a Minute or Less - Until recently, state regulators largely deferred to the US Food and Drug Administration (FDA) to scrutinize and regulate contaminants in food, such as heavy metals. In the past...more

Lowenstein Sandler LLP

Petroleum Exclusion Reaffirmed Despite Assertions of Hazardous Substances Within It: Middle District of North Carolina CERCLA...

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On May 8, the Middle District of North Carolina granted summary judgment dismissing cost recovery and declaratory judgment claims brought under the Comprehensive Environmental Response, Compensation, and Liability Act...more

MG+M The Law Firm

Schaap v. United States: PFAS Litigation Continues to Evolve with Novel Takings Clause Claim

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Per- and polyfluoroalkyl substances (PFAS) litigation is rapidly becoming one of the most dynamic and evolving areas of environmental law. With thousands of cases consolidated in the Aqueous Film-Forming Foams (AFFF)...more

Oliva Gibbs

Pleading for Help — Ohio’s Time for Twombly (and Iqbal): Ohio Supreme Court to Consider Ohio Pleading Standards in Wilson Energy,...

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Two companion cases from the Fourth District Court of Appeals — Wilson Energy and Bethel Oil & Gas — are currently on appeal at the Ohio Supreme Court. Both cases involve similar facts and require the resolution of the same...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

K&L Gates LLP

Litigation Minute: Emerging Contaminants: Minimizing and Insuring Litigation Risk

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What You Need to Know in a Minute or Less - As the scientific and regulatory landscape surrounding various emerging contaminants shifts, so too do the options that companies can consider taking to minimize and insure against...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

Goldberg Segalla

New Strategy is Embraced for Product Identification in Multidistrict PFAS Litigation

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The Aqueous Film-Forming Foam (AFFF) MDL has taken a significant step forward with the introduction of a new case management program intended to streamline the complex process of product identification. The program’s...more

McGlinchey Stafford

Defending Manufacturers Against PFAS Claims: Legal Strategies and Challenges

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As litigation involving per- and polyfluoroalkyl substances (PFAS) continues to rise, manufacturers of PFAS-containing products face significant legal and financial risks. Plaintiffs, including individuals, communities,...more

Fox Rothschild LLP

State and Federal PFAS Litigation – 2019 to Q4 2024

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PFAS-related litigation continues to climb and to diversify as to claims and parties. See the attached graphics, updated through the fourth quarter of 2024. We will continue to update these graphics on a quarterly basis....more

IMS Legal Strategies

The Water’s Fine? Navigating Water Contamination Litigation

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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

Seyfarth Shaw LLP

Sixth Circuit Holds Class Certification On Issues Is Appropriate In Toxic Tort Action

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Seyfarth Synopsis: In a toxic tort class action stemming from automotive and dry cleaning facilities’ alleged contamination of groundwater near Dayton, Ohio, the Sixth Circuit affirmed an Ohio federal district court’s grant...more

Holland & Hart - Your Trial Message

The Oil and Gas Juror: Look for Both Familiarity and Contempt

You’ve heard the expression: “Familiarity breeds contempt.” Maybe there is a relationship between the two, but in the courtroom, and in the practical task of assessing experience and attitudes during voir dire, they are two...more

K&L Gates LLP

Important Changes in Litigating Oil and Gas Cases in Federal Court: What the 2015 Amendments to the Federal Rules Mean for Oil and...

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Many oil and gas disputes are litigated in federal court. In recent years, federal litigation has undergone significant changes in discovery practices and rules. For example, with the increase in electronically stored...more

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