Source: http://www.newyorklawjournal.com, November 12, 2014 By: Kenneth M. Block and Craig K. Barnet Construction projects are inherently dangerous activities, and the owners of such projects are exposed to a variety of risks that change daily as the project progresses. These risks include injury to the contractor’s employees, injury to third parties, physical damage to the […]

Source: Trenton Times, November 8, 2014 Posted on: http://envfpn.advisen.com The Tullytown landfill, whose noxious odors have long been a source of complaints for Florence residents, may soon find itself at the center of litigation. The Trenton-based law firm of Kamensky Cohen & Riechelson sent out thousands of letters to residents the last week in October, […]

Source: Los Angeles Times, November 7, 2014 Posted on: http://envfpn.advisen.com The state Thursday ordered Exide Technologies to pay for the cleanup of homes and yards contaminated by the company’s battery recycling operation in Vernon. The order, issued by the Department of Toxic Substances Control, also fines Exide $526,000 for improperly managing hazardous waste. The plant […]

Source: La Crosse Tribune (WI), November 9, 2014 Posted on: http://envfpn.advisen.com More than half the frac sand companies operating in Wisconsin have violated Department of Natural Resources regulations, manipulated local governments or engaged in “influence peddling and conflicts of interest,” a study by an advocacy group has found. The Land Stewardship Project, a Minnesota-based nonprofit […]

Source: http://www.brooklyndaily.com, November 6, 2014 By: Vanessa Ogle Fears of chemical contamination could now trump all other issues in the controversial demolition of the Trump Village Shopping Center. The shopping center was built on the site of a manufactured gas plant that operated from the late-1890s until the mid-1900s and the land still has traces […]

Source: http://host.madison.com, November 8, 2014 By: Mike Ivey Work has stopped on a luxury apartment building at the former Lane’s Bakery on South Park Street after DNR inspectors found oil-contaminated water being pumped from the site into the storm sewer without a permit. JD McCormick Development is working on a five-story, 40-unit apartment building with commercial […]

Source: http://www.jdsupra.com, November 5, 2014 By: Nathan Lander, Proskauer – Insurance Recovery & Counseling On October 29, the Fifth Circuit reversed itself for the second time this year in a case involving the interpretation of a contractual liability exclusion in a CGL policy. This recent decision by the Fifth Circuit in Crownover v. Mid-Continent Casualty […]

Source: http://www.jdsupra.com, November 5, 2014 By: Traub Lieberman Straus & Shrewsberry LLP Issues of privity and whether claims sound in breach of contract or negligence are common in construction defect cases involving architects and New York is no exception. Indeed, New York courts have long wrestled with architect liability and formulas for imposing or defeating […]

Source: http://www.lexology.com, November 4, 2014 By: Daniel M. Krainin and Mackenzie S. Schoonmaker, Beveridge & Diamond PC In an opinion that may help clarify the jurisdictional and pleading requirements for plaintiffs seeking damages and injunctive relief for alleged injuries from vapor intrusion, the federal district court in Minnesota denied a Defendant’s motion to dismiss such […]

Source: http://www.lexology.com, November 2, 2014 By: Carl A. Salisbury, Kilpatrick Townsend & Stockton LLP The United States Court of Appeals for the Fifth Circuit has gone back and forth, and back again, in deciding just what an exclusion in the standard Commercial General Liability policy means.  Fortunately for construction contractors and policyholders, the Court got it […]

Jury selection has begun for a trial on flawed casino tower in Las Vegas where work was halted in 2008. Read more here.

Source: http://www.lexology.com, October 31, 2014 By: Benjamin B. Hyden, Bricker & Eckler LLP Structural damage to a new building caused by a defective building pad may not be covered under a commercial general liability (CGL) insurance policy when the specific damage is the type of damage that a properly constructed building pad is expected to […]