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Ninth Circuit reverses denial of class certification in vehicle defect cases
  • Shook Hardy & Bacon LLP
  • USA
  • September 2 2010

The Ninth Circuit Court of Appeals has concluded that common issues of law predominate in two putative class actions alleging a steering alignment defect in Land Rover LR3 vehicles, which defect purportedly manifested in uneven and premature tire wear


South Carolina adopts risk-utility standard for design defect claims
  • Shook Hardy & Bacon LLP
  • USA
  • September 2 2010

The South Carolina Supreme Court has decided to adopt a risk-utility test for plaintiffs bringing design defect claims and will require a showing of a reasonable alternative design to hold a manufacturer strictly liable for harm caused by the alleged defective design


Preemption: California SCAQMD may not impose idling-train emissions restrictions that interfere with interstate commerce
  • Shook Hardy & Bacon LLP
  • USA
  • September 24 2010

The Ninth Circuit Court of Appeals has determined that California's South Coast Air Quality Management District (SCAQMD) may not impose restrictions that interfere with interstate commerce on emissions from idling trains


Ninth Circuit majority rejects employee-driver provision of the Port of Los Angeles clean truck program
  • Shook Hardy & Bacon LLP
  • USA
  • October 7 2011

The Ninth Circuit Court of Appeals, in a 2-1 decision, has ruled that a Port of Los Angeles clean trucks-program element, which requires that trucking companies only use drivers who are company employees, is preempted by the Federal Aviation Administrative Authorization Act (Act


D.C. Circuit rejects challenge to EPA nationwide permit for discharges from ships
  • Shook Hardy & Bacon LLP
  • USA
  • August 5 2011

The D.C. Circuit Court of Appeals has rejected a challenge by commercial shipping industry trade associations to EPA’s nationwide Clean Water Act (CWA) permit governing discharges from ships


Shipping firms sentenced to pay $1 million criminal fine
  • Shook Hardy & Bacon LLP
  • USA
  • August 5 2011

A federal court in Louisiana has sentenced four corporations which owned and operated a fleet of vessels that regularly visited New Orleans to pay a $1 million criminal fine; the court also prohibited them from doing business in the United States for five years for repeated ocean dumping violations


Shipping company sentenced to pay $700,000 criminal penalty for ocean dumping and false statements
  • Shook Hardy & Bacon LLP
  • USA
  • August 26 2011

A federal court has sentenced a Puerto Rican-based shipping company to pay a $700,000 criminal penalty for violating the Act to Prevent Pollution from Ships (APPS) and making false statements to U.S. Coast Guard inspectors


Fifth Circuit agrees with Coast Guard refusal to reimburse from federal oil spill trust funds
  • Shook Hardy & Bacon LLP
  • USA
  • December 9 2011

The Fifth Circuit Court of Appeals has upheld a U.S. Coast Guard decision denying reimbursement from a federal oil spill liability trust account to a company involved in a 27,000-gallon spill in the Neches River in Texas in 2004


Federal court finds punitive damages available to seamen filing unseaworthiness claims
  • Shook Hardy & Bacon LLP
  • USA
  • July 31 2014

Addressing an issue of first impression, a multidistrict litigation (MDL) court in Pennsylvania has held that a number of seamen who brought


South Carolina Supreme Court determines state lacked authority to approve dredging project
  • Shook Hardy & Bacon LLP
  • USA
  • November 16 2012

The South Carolina Supreme Court has ruled that the state’s Department of Health and Environmental Control (DHEC) lacked authority to approve a Clean Water Act (CWA) section 401 water-quality certification for a project to deepen the Savannah River