News & Analysis as of

Summary Judgment Environmental Litigation

Lowenstein Sandler LLP

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

Lowenstein Sandler LLP on

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

Farella Braun + Martel LLP

What's At Stake As 9th Circ. Eyes Cultural Resource Damages

On April 17, 2025, the Ninth Circuit Court of Appeal will hear oral argument in Pakootas v. Teck Cominco on a question that has plagued CERCLA NRD practitioners and parties for years, if not decades:  whether cultural...more

Morris, Manning & Martin, LLP

Are PFAS Claims Excluded Under A Pollution Exclusion? A California Court Finds It Depends.

This article will discuss policyholder concerns after a California federal court recently found that some PFAS claims in an MDL were excluded under a pollution exclusion, but others were not. The case is Nat'l Foam, Inc. v....more

Goldberg Segalla

Federal Court in Louisianna Grants Plaintiff’s Motion for Partial Summary Judgment

Goldberg Segalla on

Jurisdiction: United States District Court for the Eastern District of Louisiana - This case arises from Plaintiff Nolan J. Lebouf Jr.’s alleged exposure to asbestos. The plaintiff specifically claims to have been exposed to...more

Pillsbury Winthrop Shaw Pittman LLP

California Court of Appeal Affirms Trial Court’s Grant of Summary Judgment to Defendants in Proposition 65 Coffee Case

After 12 years of litigation, coffee manufacturers, distributors, and retailers are one step closer to closing the door on Proposition 65 warnings on coffee. Coffee generally does not require Proposition 65 warnings—this...more

Lowenstein Sandler LLP

Second Circuit Clarifies Trigger Date For CERCLA Cost Recovery Statute Of Limitations

On July 23, in MPM Silicones, LLC v. Union Carbide Corp., No. 17-3468(L), 17-3669(XAP), slip op., -- F.3d -- (2d Cir. 2020), the U.S. Court of Appeals for the Second Circuit reversed the District Court’s dismissal of...more

Snell & Wilmer

Expert Testimony May Be Required To Establish CERCLA Innocent Landowner Defense

Snell & Wilmer on

On January 20, 2015, the United States District Court for the Eastern District of California in Coppola v. Smith, 2015 U.S. Dist. LEXIS 5127, addressed the application of CERCLA’s innocent landowner defense against a somewhat...more

7 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