Source: http://www.lexology.com, May 21, 2014 By: Amy B. Briggs, David B. Killalea , Stephen T. Raptis, Robert H. Shulman and Susan P. White, Manatt Phelps & Phillips LLP Why it matters A new opinion from a divided panel of the Eighth U.S. Circuit Court of Appeals asks the familiar question: What is a pollutant? Reviewing […]

Source: http://www.stltoday.com, May 23, 2014 by: Blythe Bernhard Some residents near the smoldering Bridgeton Landfill say they will turn down thousands of dollars in settlement money offered to them last month for enduring foul odors from the site because the money doesn’t cover the loss to their property values and could prevent future lawsuits. Today […]

Source: http://www.journalnow.com, May 22, 2014 Duke Energy and the U.S. Environmental Protection Agency signed a formal agreement Thursday requiring the power company to clean up the Dan River spill, put the waste in a lined landfill and reimburse the federal government for its supervision of the process. The agreement means EPA “will work with Duke […]

Source: http://www.lexology.com, May 20, 2014 By: Jennifer J. Dotson and Anna Y. Boureiko, Reed Smith LLP On April 22, 2014, after a two-and-a-half week trial, a Dallas County Court at Law entered a final judgment on a split jury verdict awarding $2.925 million to Texas family, Bob and Lisa Parr from Decatur, against Barnett Shale […]

Source: http://www.mondaq.com, May 20, 2014 By: Stan Martin, Duane Morris LLP The terms of an owner-controlled insurance policy defined “occurrence” as “an accident, event, or happening, including continuous or repeated exposure to substantially the same general harmful conditions.”  A New York appellate court has held that this arguably expanded definition was still not sufficiently broad to encompass […]

Source: http://www.lexology.com, May 19, 2014 By: Jacquelyn Burke, Edwards Wildman Palmer LLP In Catlin Specialty Ins. Co. v. Am. Superconductor Corp., 12-2314-BLS1 (Mass. Super. Ct. Jan. 29, 2014),  Catlin sought a declaration of no coverage based on late notice, among other reasons. Catlin, incorporated in Delaware and headquartered in Georgia, issued a claims made professional liability […]

Source: http://www.lexology.com, May 19, 2014 By: Paul D. Meosky, Hodgson Russ LLP As school populations shift, it may become necessary for school districts to consider closing and attempting to sell or lease school buildings and grounds. Amid all of the political, financial, and community issues involved with decisions to close and sell or lease former […]

Source: http://www.lexology.com, May 19, 2014 By: Michael Weller and Heather Palmer, Bracewell & Giuliani LLP The U.S. Environmental Protection Agency (EPA) has taken its first official step toward creating a federal regulatory program that would require disclosure and reporting concerning chemicals used in the hydraulic fracturing process.  On May 9, 2014, EPA released an Advanced Notice […]

Source: http://www.lexology.com, May 17, 2014 By: Carl A. Salisbury, Kilpatrick Townsend & Stockton LLP During the past twelve months, five State Supreme Courts have considered whether faulty workmanship of a construction contractor can constitute a covered “occurrence” under the present version of the standard Commercial General Liability insurance policy.  All five of them ruled in […]

Source: http://www.mondaq.com, May 21, 2014 By: Jennifer Dotson and Anna Y. Boureiko On April 22, 2014, after a two-and-a-half week trial, a Dallas County Court at Law entered a final judgment on a split jury verdict awarding $2.925 million to Texas family, Bob and Lisa Parr from Decatur, against Barnett Shale operator, Aruba Petroleum, Inc., […]

Source: http://www.southcoasttoday.com, May 21, 2014 By: Robert Barboza The Town of Westport and the Westport Community Schools announced in a May 13 press release that it has filed a lawsuit against Monsanto Company, the manufacturer of the building products containing polychlorinated biphenyls (PCBs) used in the construction of the Westport Middle School. The town is […]

Source: http://www.propertycasualty360.com, May 1, 2014 By: Michael Voelker As construction heats up, producer opportunity abounds in selling cover for enlarged vehicle fleets, as well as CGL and E&O protection against defaults. But the hiring of inexperienced workers and rehiring of long-absent ones spur new claims. While a recovery in residential construction has outpaced the nonresidential […]