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Shook Hardy & Bacon LLP | USA | 5 Jun 2014

Massachusetts High Court finds personal jurisdiction challenge waived

The Massachusetts Supreme Judicial Court has ruled that a party can waive its challenge to personal jurisdiction by actively engaging in litigation


Shook Hardy & Bacon LLP | USA | 19 Dec 2013

Putative class cries foul in “organic” personal-care products litigation

Responding to Hain Celestial Group Inc.'s motion for summary judgment in a putative consumer-fraud class action alleging that the company wrongfully


Shook Hardy & Bacon LLP | USA | 6 Dec 2013

Fifth Circuit overrules NLRB’s prohibition on class arbitration waivers

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)


Shook Hardy & Bacon LLP | USA | 1 Aug 2013

No MMPA violation in damage-waiver provision of home depot’s rental contract

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


Shook Hardy & Bacon LLP | USA | 30 Nov 2012

EPA denies renewable fuel standard waiver request

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.


Shook Hardy & Bacon LLP | USA | 24 Aug 2012

D.C. Circuit nixes challenges to E15 waiver; plaintiffs lacked standing

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.


Shook Hardy & Bacon LLP | USA | 6 Apr 2012

Environmental groups challenge N.J. rule allowing DEP to waive environmental compliance

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.


Shook Hardy & Bacon LLP | USA | 23 Mar 2012

New Jersey DEP adopts final rule allowing waiver of compliance in 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.


Shook Hardy & Bacon LLP | USA | 11 Nov 2011

Federal court allows claims against Hong Kong manufacturer to proceed

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.


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.

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