Supreme Court To Determine Scope of Private Remedies Seeking Cleanup at Superfund Sites
Posted on Jun 11, 2019 in Energy/Environmental, Litigation | Comments Off on Supreme Court To Determine Scope of Private Remedies Seeking Cleanup at Superfund Sites
The U.S. Supreme Court will resolve whether certain private state tort claims are permitted despite directly conflicting with EPA-ordered cleanup pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). Specifically, the Supreme Court of Montana held that landowners at one of the largest Superfund sites in the country could pursue...
Internal Investigation’s Privilege Upheld by New York Federal Court
Posted on Apr 14, 2019 in Investigations, Litigation | Comments Off on Internal Investigation’s Privilege Upheld by New York Federal Court
The privilege boundaries of an internal investigation cause restless nights for any lawyer tasked with keeping an internal investigation privileged. On Thursday, the U.S. District Court for the Eastern District of New York (Magistrate Judge Locke) largely upheld the privilege of an internal investigation performed by Company A concerning conduct by Company B that potentially raised...
Federal Jurisdiction Lacking for Case Alleging Exposure to Hazards from Pipeline Spill
Posted on Apr 13, 2019 in Energy/Environmental, Product Liability, Transportation | Comments Off on Federal Jurisdiction Lacking for Case Alleging Exposure to Hazards from Pipeline Spill
A Utah federal court rejected an oil and gas company’s bid to keep a lawsuit alleging that a crude oil pipeline spill caused a plaintiff’s acute myeloid leukemia in federal court last week. The company argued that the federal court had federal question jurisdiction over the suit, which alleged negligence, strict liability for abnormally dangerous or ultra-hazardous...
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