The Massachusetts Supreme Judicial Court has ruled that a party can waive its challenge to personal jurisdiction by actively engaging in litigation
Responding to Hain Celestial Group Inc.'s motion for summary judgment in a putative consumer-fraud class action alleging that the company wrongfully
Although not arising in either the Eighth or Tenth Circuits, the Fifth Circuit's opinion in D.R. Horton v. NLRB, No. 12-60031 (5th Cir. Dec. 3, 2013)
She needed a tiller. So she went to Home Depot and rented one. The rental contract had a damage-waiver provision, which stated: If I pay the
U.S. Environmental Protection Agency (EPA) Administrator Lisa Jackson signed a notice on November 16, 2012, declining to waive the renewable fuel standard (RFS) established under the Clean Air Act.
The D.C. Circuit Court of Appeals has dismissed for lack of standing challenges by three trade associations to a U.S. Environmental Protection Agency (EPA) waiver that allows the sale of gasoline containing 15 percent ethanol (E15) for use in motor vehicles manufactured after 2001.
A coalition of 27 New Jersey environmental groups and labor organizations has filed a notice of appeal challenging the validity of a recently enacted rule that allows the state Department of Environmental Protection (DEP) to waive compliance with environmental rules under certain circumstances.
The New Jersey Department of Environmental Protection (DEP) adopted a final rule (N.J.A.C. 7:1B) on March 8, 2012, allowing the agency to waive compliance with environmental regulations in certain circumstances.
A federal court in Ohio has determined that Simatelex, a Hong Kong-based manufacturer defending a product liability lawsuit involving a fire allegedly caused by a defective coffee maker, waived its challenge to the court’s personal jurisdiction by failing to plead the defense in its motion to dismiss, which constituted the company’s first defensive move.
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.