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Results: 1-10 of 217

U.S. Supreme Court clarifies "arranger" liability and apportionment procedures under CERCLA

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • May 6 2009

The United States Supreme Court issued a significant decision recently that clarifies two important issues in favor of defendants at CERCLA sites

Environmental, industry and labor groups join forces to block cross-border trucking project

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • June 11 2007

The Sierra Club, Public Citizen, Environmental Law Foundation, International Brotherhood of Teamsters, Brotherhood of Teamsters Auto and Truck Drivers, and the Owner-Operator Independent Drivers Association filed an action in the Northern District of California to block the implementation of a year long demonstration project allowing 100 Mexican trucking companies to make deliveries beyond the 20 mile commercial zones presently allowed along the southern border

Premises owners' duties to third parties continue to be defined: household asbestos claims

  • Gardere Wynne Sewell LLP
  • -
  • United Kingdom
  • -
  • June 11 2007

Across the nation, courts are being asked to decide whether premises owners owe a duty to unknown third parties

Expert testimony and evidence of causation

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • June 11 2007

Studies relied upon by experts must give adequate basis for the expert’s opinion that the types of chemicals plaintiffs were exposed to in their marine employment can cause their particular injuries in the general population

Aviall debate continues

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • June 11 2007

On April 23, 2007, United States v. Atlantic Research, Case No. 06-562, was argued before the United States Supreme Court

Employers must notify workers when leave is counted against FMLA entitlement

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • February 28 2008

Under the FMLA, once an employer knows that an employee is taking leave for an FMLA required reason, the employer must give the employee individualized notice that the leave will be counted against the employee’s FMLA entitlement

Federal court allows regulation through litigation

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • February 3 2009

In North Carolina v. Tennessee Valley Authority (PDF:287KB), a case concerning claims of cross-border pollution, a Federal District Court determined that emissions from TVA's facilities created a pollution-based public nuisance affecting North Carolina

Federal court rejects catalyst theory in CWA citizen suit

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • February 3 2009

In Environmental Conservation Organization (ECO) v. City of Dallas (PDF:28), the 5th Circuit refused to grant a citizen plaintiff standing to recover its attorneys fees in a Clean Water Act citizen suit against the City of Dallas

Third Circuit trims punitive damages

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • February 3 2009

In Jurinko v. Medical Protective Company, the 3rd Circuit trimmed an award of punitive damages and imposed a 1:1 compensatory:punitive ratio

District court allows PRP to seek joint & several liability

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • February 26 2008

On Dec. 21, 2007, the federal district court for the District of Kansas held that a potentially responsible party may seek joint and several liability in a claim filed under CERCLA’s section 107

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