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Results: 11-20 of 302

Supreme Court to revisit CERCLA's joint and several liability

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • November 30 2008

The U.S. Supreme Court has decided to determine when liability is “joint and several” as compared to when it should be “reasonably apportioned.”

Constellation Energy settles Maryland Coal Ash suit for $45 million

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • November 30 2008

Residents in Gambrills, Maryland are richer after Constellation Energy agrees to settle a class action lawsuit involving claims of personal injury and property damage allegedly caused by exposure to coal ash used to reclaim a sand and gravel quarry between 1995 to 2006

Re US Home Corporation et al

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • October 25 2007

The Supreme Court of Texas in the case of In re US Home Corporation et al. (Oct. 12, 2007), dealing with arbitration clauses in home building and warranty contracts, upheld the clauses against challenges by purchasers who complained that their homes were built without shower pans

Effective and enforceable dispute resolution in USMexican commercial trade

  • Gardere Wynne Sewell LLP
  • -
  • Mexico, USA
  • -
  • October 25 2007

Since NAFTA, commerce has steadily increased between the US and Mexico

Supreme Court rejects homeowners’ efforts to circumvent arbitration

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • October 29 2007

The Texas Supreme Court reconfirmed the broad enforceability of arbitration clauses in home purchase agreements in In re U.S. Home Corporation and Lennar Corporation v. David Garcia, et. al

Re Hospitality Employment Group, LLC

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • October 25 2007

The Court of Appeals for the Fifth District of Texas at Dallas in the case of In re Hospitality Employment Group, LLC (Sept. 24, 2007) dealing with a provision in an employment contract calling for arbitration of personal injury claims which provided for an appeal of the award to a three-judge AAA panel, held that failure to challenge the appeal process at the outset as unconscionable because it reallocated shared cost of the arbitration on appeal to be loser pays all constituted a waiver that estopped the challenging party

Wage-and-hour litigation takes off

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • December 4 2007

Retailers take note

Sixth Circuit rules CERCLA contribution claim may not be based on administrative order

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • November 16 2007

The Sixth Circuit has ruled that an EPA administrative order entered into under section 122(a) cannot form the basis for a section 113 CERCLA contribution action

CERCLA: no superfund contribution for a PRP with unresolved liability

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • November 16 2007

In another post-Aviall ruling, the U.S. District Court for the Northern District of Indiana barred the City of Gary, Indiana from bringing a contribution claim under section 113 of CERCLA before completely settling its liability with the government

Clean Water Act: the Ninth Circuit expands Rapanos

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • November 16 2007

The Ninth Circuit has expanded the reach of Rapanos to include seasonally intermittent streams