News & Analysis as of

Motion to Dismiss Contamination

DLA Piper

Daly v. The Wonderful Company LLC: Key Considerations for Consumer Product Contaminant Litigation

DLA Piper on

On May 7, 2025, the US District Court for the Northern District of Illinois issued a significant decision in Daly v. The Wonderful Company LLC, No. 24 C 1267 (N.D. Ill.). The court dismissed with prejudice a putative class...more

Lowenstein Sandler LLP

New Jersey Appellate Division Decision Creates Risk That NJDEP May Be Able To Revive Time-Barred Claims for Investigation and...

Lowenstein Sandler LLP on

On April 25, the New Jersey Superior Court Appellate Division reversed a trial court’s order dismissing the New Jersey Department of Environmental Protection’s (NJDEP) complaint as time-barred in NJDEP v. Desai. The ruling...more

Oliva Gibbs

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

Oliva Gibbs on

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

Kilpatrick

Federal court dismisses false advertising claims, ruling that studies cited in complaint did not plausibly support allegation that...

Kilpatrick on

Takeaway: It seems that more and more false advertising cases are filed these days alleging that consumer products are contaminated with some sort of harmful substance or chemical. At their core, these types of cases depend...more

BCLP

PFAS Update: Litigation Trends - Motions to Dismiss

BCLP on

Marketing campaigns describing products as “green,” “natural,” and “clean” have become increasingly popular as companies seek to attract environmentally conscientious consumers. With a simultaneous increase in public...more

Cozen O'Connor

Delaware Court Dismisses AG Lawsuit Against Monsanto for PCB Pollution

Cozen O'Connor on

Delaware Superior Court Judge Mary M. Johnston granted a motion to dismiss in favor of Defendants Monsanto Company, Solutia, Inc. and Pharmacia LLC in a lawsuit filed by Delaware AG Kathleen Jennings regarding claims stemming...more

Flaster Greenberg PC

Federal Judge’s Comments In Willow Grove PFAS Case Suggest Time May Be Approaching When Pennsylvania (And Other States) Will...

Flaster Greenberg PC on

Last week, Law360 reported on a hearing that occurred in the Federal District Court for Eastern Pennsylvania before Judge Gerald Pappert concerning PFAS. The hearing concerned a motion to dismiss brought by the United States...more

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

Soil Disposal/Navy Construction Contract: U.S. Court of Federal Claims Addresses Request for Equitable Adjustment

The United States Court of Federal Claims (“Court”) addressed in an October 31st opinion a contractor’s request for equitable adjustment related to construction of a runway for the United States Navy (“Navy”). See Coffman...more

Beveridge & Diamond PC

Groundwater Contamination Claim Survives Motion to Dismiss

Beveridge & Diamond PC on

A recent decision of the Eastern District of New York in a groundwater contamination action illustrates the fact-sensitive nature of statute of limitations defenses. In Hicksville Water Dist. v. Philips Elecs. N. Am. Corp.,...more

Beveridge & Diamond PC

Recent PFAS Case Law – RCRA, CERCLA and Toxic Tort Claims

Beveridge & Diamond PC on

A new class of emerging contaminants poses challenges at remediation sites and for the protection of drinking water, and is generating new toxic tort litigation. Per- and polyfluoroalkyl substances (PFAS) are emerging...more

Beveridge & Diamond PC

District Court Limits Nuisance Claims Against Chemical Manufacturer in Elk River Spill

Finding only public interests at issue from contamination of public drinking water supplies, a West Virginia federal court dismissed a private nuisance claim, but not a public nuisance claim against a chemical manufacturer. ...more

11 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide