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2 Groups Sue EPA, Seek Instant Messages About War On Coal
WASHINGTON, D.C.- The Competitive Enterprise Institute (CEI) and American Trade Institute (ATI) on March 28 filed a lawsuit against the U.S. Environmental Protection Agency in the U.S. District Court...
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No Coverage Owed For Underlying Pollution Suits, Panel Determines
NEW ORLEANS - An insurer has no duty to defend or indemnify its insured for underlying lawsuits arising out of dust and particulate pollution discharged by the insured because the policies' pollution...
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Federal Judge Refuses To Grant Reconsideration In Environmental Coverage Suit
NEW YORK - A New York federal judge on April 1 denied a motion for reconsideration by an insurer involved in an environmental contamination coverage suit after determining that the insurer failed to...
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No Duty To Defend Contamination Suit Is Owed, Tennessee Federal Judge Says
NASHVILLE, Tenn. - Insurers have no duty to defend their insured against an underlying environmental contamination suit because the underlying suit does not allege that the contamination was the result...
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Issues Of Fact Remain On Late Notice Issue, N.Y. Appeals Panel Determines
NEW YORK - Because issues of fact exist as to whether insurers waived their right to disclaim coverage based on late notice in an environmental contamination coverage suit, summary judgment in favor of...
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Maryland Appeals Court Reverses, Remands Verdict In Lead Exposure Suit
ANAPOLIS, Md. - The Maryland Court of Special Appeals on March 22 reversed and remanded a $5.1 million verdict to a lead-exposure plaintiff, saying the trial court erred in admitting the testimony of...
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Maryland High Court Finds Expert Affidavit Properly Excluded, Not Fatal To Suit
ANAPOLIS, Md. - The Maryland Court of Appeals on March 22 concluded that the Baltimore City Circuit Court was within its discretion to exclude the causation element of an expert affidavit from a...
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D.C. Superior Court Denies Class Certification In Water Contamination Suit
WASHINGTON, D.C. - The District of Columbia Superior Court, Civil Division, on April 8 denied class certification to a group of parents and children seeking damages from the D.C. Water and Sewer...
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Illinois Court Lacks Jurisdiction To Affirm Decertification Class Action
CHICAGO - The First District Illinois Appellate Court, First Division, on March 29 said it lacked jurisdiction to determine whether a trial court was correct in decertifying a lead exposure class...
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California Judge Denies Summary Judgment For ARCO, DuPont In Nuisance Suit
SAN JOSE, Calif. - A California judge on April 8 issued an order after a hearing denying multiple motions for summary judgment filed by lead paint manufacturer defendants Atlantic Richfield Co. and...
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4th Circuit Affirms Liability, Allocation Findings In Cost Recovery Suit
RICHMOND, Va. - A Fourth Circuit U.S. Court of Appeals panel on April 4 affirmed a federal judge's rulings that a defendant company in a Comprehensive Environmental Response, Compensation, and...
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U.S. High Court: Prison Officers Not Immune From Assault Claims
WASHINGTON, D.C. - The Federal Tort Claims Act (FTCA) waives sovereign immunity for law enforcement officers' acts where a claim arises out of one of six intentional torts where an officer is "acting...
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Massachusetts Federal Judge: Contract Truck Drivers Are Employees Under State...
BOSTON - A Massachusetts federal judge on March 28 found that a Georgia company's contract truck drivers located in Massachusetts are actually employees under Massachusetts law (Celso Martins, et al....
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Certification Denied For Employees' Conspiracy Claims Against High-Tech...
SAN JOSE, Calif. - A federal judge in California on April 5 denied certification of two proposed classes of employees of seven high-tech companies on the employees' allegations that the defendants...
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Class Of Wells Fargo Workers Seeking Overtime Granted Certification
ST. LOUIS - A Missouri federal judge on March 11 conditionally certified a class of financial advisers suing their employer for overtime alleging that they were required to list a set amount of hours...
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California Federal Judge: CVS Worker May Amend Donning, Doffing Claim
FRESNO, Calif. - A California federal judge, in an order filed March 4, dismissed a distribution center worker's wage-and-hour claim; he granted her leave to amend her claim seeking compensation for...
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Illinois Federal Judge Dismisses Donning, Doffing Class Claims
CHICAGO - An Illinois federal judge on March 8 granted a partial motion for summary judgment filed by two poultry processing companies accused of failing to pay their employees for time spent donning...
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Certification Of Hygienists' Wage-And-Hour Suit Denied For Too Little Interest
TAMPA, Fla. - Two dental hygienists failed to prove that there is sufficient interest from potential class members in their wage-and-hour complaint against their former employers after only two people...
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Partial Conditional Certification Granted In Supervisor's Overtime Suit
LITTLE ROCK, Ark. - An Arkansas federal judge on March 27 granted conditional certification to a class of food production supervisors seeking unpaid overtime; however, the judge declined to invoke the...
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7th Circuit: Company That Bought Debtor's Assets Liable For Labor Violations
CHICAGO - A panel of the Seventh Circuit U.S. Court of Appeals on March 26 ruled that a company that purchased the assets of an insolvent company also became liable for alleged violations of federal...
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