Search results

Order by most recent / most popular / relevance

Results: 1-10 of 44

Defendants in RCRA lawsuit may not pursue CERCLA contribution claim

Shook Hardy & Bacon LLP
-
USA
-
June 10 2011

A federal court in California has ruled that defendants in a RCRA lawsuit who are not defendants in a CERCLA action may not pursue CERCLA contribution claims against other potentially responsible parties (PRPs

Developer cleared to pursue takings claim related to wetland permitting

Shook Hardy & Bacon LLP
-
USA
-
January 25 2013

The Federal Circuit Court of Appeals has ruled that a developer may pursue a claim that the U.S. Army Corps of Engineers (Corps) took the developer's

Federal court jurisdiction under CAFA remains despite later omission of class claims

Shook Hardy & Bacon LLP
-
USA
-
May 27 2010

The Seventh Circuit Court of Appeals has determined that once a federal court properly obtains jurisdiction over litigation under the Class Action Fairness Act (CAFA), if plaintiffs later amend their complaint to omit the class allegations, the federal court does not lose jurisdiction

TSCA: Eleventh Circuit upholds regulations requiring lead warning statements by residential property lessors

Shook Hardy & Bacon LLP
-
USA
-
August 13 2010

The Eleventh Circuit Court of Appeals has upheld regulations under TSCA and the Lead-Based Paint Hazard Reduction Act of 1992, requiring lessors of residential property built before 1978 to put a specifically worded "Lead Warning Statement" in the property's lease and affirmatively disclose either that lead-based paint is present on the property or that the lessor has no knowledge of such paint

BLM grazing regulations ruled invalid

Shook Hardy & Bacon LLP
-
USA
-
September 17 2010

The Ninth Circuit Court of Appeals has ruled that U.S. Bureau of Land Management (BLM) grazing regulations are invalid because they violate the Endangered Species Act (ESA) and NEPA

State community property law not enough to expose spouse to CERCLA liability

Shook Hardy & Bacon LLP
-
USA
-
June 24 2011

A federal court in California has ruled that the state’s community property law does not expose the spouse of the owneroperator of a facility to CERCLA liability

Seventh Circuit finds liability for breach of warranty cannot be indemnified

Shook Hardy & Bacon LLP
-
USA
-
October 14 2011

The Seventh Circuit Court of Appeals has ruled that a seller of real property cannot invoke noncontractual indemnity to shift the risk that was assumed in a purchase-and-sales contract

Seventh Circuit rules laches no bar to breach of contract for failure to remove contaminants

Shook Hardy & Bacon LLP
-
USA
-
September 16 2011

The Seventh Circuit Court of Appeals has ruled that a landowner who sold property to The Nature Conservancy but failed to remove contaminants as required by the sales contract cannot bar a breach of contract claim by asserting laches as a defense

Mold economic injury claim rejected

Shook Hardy & Bacon LLP
-
USA
-
November 2 2012

The issue of mold-related litigation remains of interest to our readers, perhaps even more so in the aftermath of the widespread damage from Sandy

Court rules purchaser of remediated site not a potentially responsible party

Shook Hardy & Bacon LLP
-
USA
-
April 19 2013

A federal magistrate in Texas has recommended the dismissal of claims filed under the Comprehensive Environmental Response, Compensation, and

next >