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California's take on mold claims, expert testimony, and the two-part general and specific causation test

Epstein Becker Green
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USA
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March 15 2010

Toxic Tort Litigation Blog’s post earlier this year about a Michigan appellate court’s affirmance of an award to residents of a home overrun with mold - without any expert testimony to prove causation - raises the question: what would happen to such a claim in a more famously liberal state like California?

Cuba-2010: a journey back in time with a bright future

Epstein Becker Green
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Cuba, USA
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March 12 2010

The enactment of the Agrarian Reform Law of 1959, land “reform” legislation that resulted in the nationalization of large estates and companies by the Cuban Government, not only resulted in mistrust -- but also 50 years of a severed relationship -- between the United States and Cuba

Supreme Court of Arkansas refuses to enforce non-compete found in lease agreement

Epstein Becker Green
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USA
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May 6 2011

In Optical Partners, Inc. v. Dang, the Supreme Court of Arkansas recently refused to enforce a non-compete in a lease agreement -- which clearly had been violated -- because it did not arise out of a contract of employment or contract for the transfer of goodwill or property

Does seller's real estate agent have a duty to purchaser?

Epstein Becker Green
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USA
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January 11 2012

A recent Michigan Court of Appeals decision, Alfieri et al. v. Bertorelli et al., dated October 18, 2011 re-visits the issue of whether a real estate agent has a duty to disclose environmental information to a prospective purchaser in the absence of privity

Can Phase I reports hurt your client?

Epstein Becker Green
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USA
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November 17 2011

In an article titled, “How Phase I Reports Can Hurt Your Clients,” (ALI-ABA Practical Real Estate Lawyer, Vol. 27, No. 6, November 2011), environmental guru Larry Schnapf cautions purchasers of property that an ill-conceived Phase I report may result in their losing CERCLA ability protection or expose them to misrepresentation claims

Will bedbug litigation become the latest litigation scourge?

Epstein Becker Green
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USA
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January 20 2012

Many people don't necessarily associate bedbugs with other environmentally hazardous conditions such as toxic mold or oil contamination

Was buyer of real estate "ready, willing & able" to perform?

Epstein Becker Green
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USA
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April 17 2012

Until now, there has been a split of appellate authority in New York concerning what a prospective purchaser must show in seeking damages for a seller’s repudiation of a contract for the sale of real property

The reverse environmental impact statement

Epstein Becker Green
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USA
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March 14 2012

The traditional environmental impact statement (“EIS”) examines the effect of a proposed project, such as a construction project, on the environment

Suspect toxic mold suit reinstated

Epstein Becker Green
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USA
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March 16 2012

The adverse health effects of toxic mold are frequently litigated in courts throughout New York, where many apartment dwellers claim to suffer from various medical illnesses resulting from mold and dampness

No duty to disclose to prospective homeowners

Epstein Becker Green
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USA
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May 22 2012

What is the duty of a real estate developer to disclose to prospective residential purchasers information about the neighborhood that may adversely impact property values?

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