News & Analysis as of

Negligence Contamination

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

Underground Storage Tank/Groundwater Contamination: Negligence/Trespass/Nuisance Action Filed in Pulaski County, Arkansas Circuit...

Larry and Barbara Ann Morris (“Morris”) filed a Complaint in the Pulaski County, Arkansas Circuit Court on August 22nd alleging groundwater contamination pertaining to fuel related to a North Little Rock, Arkansas retail...more

Pillsbury Winthrop Shaw Pittman LLP

Subsidence from Geothermal Operations: Navigating the Regulatory Landscape and Potential Claims

The subsidence risk in geothermal projects needs to be effectively managed by careful review of site conditions and legal and permitting precedents. Production of geothermal fluids can lead to subsidence of the land...more

Troutman Pepper

Tennessee AG Sues More Than 20 PFAS Manufacturers

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Tennessee AG Jonathan Skrmetti is suing more than 20 per- and polyfluoroalkyl substance (PFAS) manufacturers, including 3M and DuPont, seeking injunctive and monetary relief under the state’s public nuisance and uniform...more

MG+M The Law Firm

Risk of Injury is Not an Injury: New Hampshire Supreme Court Declines to Recognize Medical Monitoring

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Last week, the New Hampshire Supreme Court held that state law does not recognize medical monitoring as a remedy or cause of action for plaintiffs who allege that they were exposed to a toxic substance. In Kevin Brown v....more

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

Groundwater Contamination/Dry Cleaners: Alaska Supreme Court Addresses Whether Seller Had a Duty to Disclose

The Alaska Supreme Court (“Court”) addressed in a December 30th opinion issues arising out of the purchase of a property that had groundwater contamination. See Gavora, Inc. v. City of Fairbanks, 502 P.3d 410. ...more

King & Spalding

Lawsuits Underway Following Reports of PFAS in Underwear

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Yoga pants are not the only clothing products that have become popular subjects of PFAS testing in the media. As some readers may recall, over the last several years, various menstrual underwear products have been tested for...more

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

Oil Contamination/Remediation: New York Court Considers Potential Liability of Insurance Company/Environmental Consultant

The New York Supreme Court – Appellate Division (Second Department) (“Court”) addressed in an October 20th Decision & Order (“Decision”) alleged damages associated with the remediation of oil contamination. See Bennett v....more

Gould + Ratner LLP

Suburb's Citizens Out of Luck Against Contractor's Insurer for Contaminated Water

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Under established Illinois law, an insurer must defend a legal action filed against its insured unless it is clear from the face of the underlying complaint that the allegations fail to state facts which bring the case...more

Lowenstein Sandler LLP

Second Circuit Upholds Medical Monitoring Claim in Litigation Arising From PFOA Groundwater Contamination

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On May 18, the U.S. Court of Appeals for the Second Circuit decided in Benoit, et al. v. Saint-Gobain Performance Plastics Corp., et al., No. 17-3941-cv(L), slip op., __ F.3d ___ (2d Cir. 2020), that, under New York law, the...more

Pillsbury - Gravel2Gavel Construction & Real...

Environmental Roundup – May 2019

Federal Courts of Appeal - Dam Claims Collapse - On May 7, 2019, the U.S. Court of Appeals for the Eleventh Circuit decided the case of Navelski, et al. v. International Paper Company....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

Beveridge & Diamond PC

Second Circuit Affirms Dismissal of Water Contamination Action as Untimely

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In a decision addressing the unique accrual issues arising in a groundwater contamination action, the Second Circuit affirmed a decision dismissing the Bethpage Water District’s (the “District”) action as untimely. Bethpage...more

Beveridge & Diamond PC

Kentucky Federal Court Denies Class Cert to Environmental Exposure Plaintiffs

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In an opinion highlighting some of the barriers to class certification in an environmental contamination case, a Kentucky federal court denied class status to plaintiffs alleging damages from exposure to hazardous substances...more

Beveridge & Diamond PC

Federal Court Allows Expert Testimony on Health Risks Despite Lack of Personal Injury Claims

Underscoring the importance of expert testimony regarding health risks in toxic tort cases involving potential exposure issues, a Mississippi federal judge allowed expert testimony on health risks posed by alleged...more

Williams Mullen

EPA Plays Defense in Mine Disaster

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EPA finds itself in unfamiliar territory as the agency defends its involvement in a multi-state environmental disaster. In 2015, a contractor acting under EPA’s supervision used an excavator to dig away tons of rock and...more

Beveridge & Diamond PC

Jury in C-8 Exposure Case Awards $1.6M in Compensatory Damages, Denies Punitives

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An Ohio federal jury in October handed out the first verdict in multi-district litigation (“MDL”) against E.I. DuPont de Nemours and Co. related to ammonium perfluorooctanoate, or C-8, in drinking water around DuPont’s...more

Beveridge & Diamond PC

New Jersey Supreme Court Reaffirms Restatement Approach to Nuisance, Trespass

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In a ruling that further delineates the threshold for maintaining private nuisance and trespass claims in New Jersey, the state’s highest court held that defendant landowners were not liable for contamination to neighboring...more

Beveridge & Diamond PC

Ninth Circuit Interprets CAFA Exception Narrowly, Facilitating Removal in Environmental Tort Cases

Creating a Circuit split, the Ninth Circuit held that a tort case against a Washington corporation did not fall under the so-called “local event” exception to the Class Action Fairness Act (“CAFA”) and, therefore, had been...more

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