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Shook Hardy & Bacon LLP | USA | 21 Oct 2011

Federal court rules state environmental agency cannot extend CERCLA Statute of Limitations

A federal court in Pennsylvania has ruled that the Pennsylvania Department of Environmental Protection (DEP) cannot invoke an implied “consistency waiver” to extend the statute of limitations for bringing a Comprehensive Environmental Response, Compensation and Liability Act (CERCL A) cost-recovery action.


Lewis Roca Rothgerber Christie LLP | USA | 20 Oct 2011

Legal insights: claim pitfalls

This two-part series of articles discusses how contractors should pursue claims against the federal government.


Armstrong Teasdale LLP | USA | 2 Jul 2011

The debate surrounding a nuclear waste dump in Nevada resumes

We will soon find out what will become of our nation’s nuclear waste, as The United States Court of Appeals, D.C. Circuit, has set March 22, 2011, to hear oral arguments in a lawsuit against the Department of Energy terminating the Yucca Mountain Project.


Katten Muchin Rosenman LLP | USA | 24 Jun 2011

Monetary sanctions imposed on counsel and client for discovery violations

The U.S. District Court for the Western District of Washington imposed monetary sanctions on plaintiff Play Visions, Inc. and its counsel for failure to search for documents in a timely fashion, delayed and inadequate document production, false certification that the relevant records were maintained only in paper format, and for counsel's specific failure to adequately understand the client's document retention system or assist in production.


WeirFoulds LLP | Canada | 30 Mar 2011

Withler v Canada (Attorney General)

The appellants, who were representative plaintiffs in a class action against the Crown, were widows whose federal supplementary death benefits were reduced because of their husbands' ages.


Kelley Drye & Warren LLP | USA | 26 Jan 2011

D.C. district court dismisses FCA case against contractor under Rule 9(b)

On January 11, 2011, a District of Columbia district court dismissed with prejudice a False Claims Act case against a government contractor under Rule 9(b) in a relator-only action.


Locke Lord LLP | USA | 21 Jan 2011

Excess insurer required to show actual prejudice to avoid paying settlement it did not consent to

In Columbia Casualty Co. v. Gordon Trucking Inc. et al., No. 09-CV-05441, 2010 WL 5141865 (N.D. Cal. Dec. 13, 2010), a truck owned by the insured was involved in a severe car accident.


Burns & Levinson LLP | USA | 9 Sep 2010

To mark or not to mark: that is the question

Not marking a patented product with the patent number can prevent you from recovering damages from infringing products sold over a period of time.


Arent Fox LLP | USA | 7 Sep 2010

Telecom privacy news

The US Second Circuit Court of Appeals has agreed with the US District Court for the District of Connecticut that using an iPhone to record a conversation, when such recording is not for an otherwise tortious or criminal act, does not violate the Wiretap Act, 18 U.S.C. 2510.


Shook Hardy & Bacon LLP | USA | 22 Jul 2010

Expert testimony excluded as unreliable; consumer’s popcorn lung claims dismissed

A federal court in Washington has dismissed the lawsuit filed by a man who alleged that inhaling the diacetyl in fumes from four to six bags of microwave popcorn daily caused his lung disease.

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