RT ECP: Claims - Pollution Legal Liab

June 28, 2012

New York Court Clarifies Liability Threshold for Mold Infestation

Source: http://www.agentsofamerica.org By: Michael Zigelman, Esq. and Kirsten Ennis, Esq. of Kaufman Dolowich Voluck & Gonzo LLP Although New York City real estate landlords and co-op and condo board members typically do not inhabit the properties they own and manage, a recent First Department decision gives them reason to fear the impact of mold infestation. After […]

June 5, 2012

Lawsuits over Doe Run lead smelter could continue for years

Source: St. Louis Post-Dispatch, June 4, 2012 Posted on: http://envfpn.advisen.com In a St. Louis courtroom last month, attorneys geared up for a trial more than a year away that will center on whether 17 children allegedly poisoned by the lead smelter in Herculaneum can prove their ailments deserve compensation. The lawsuit is one of several […]

May 7, 2012

Nuisance Odor Results in $2.3 Million in Damages

Source: Marketing Weekly News, May 5, 2012 Posted on: http://envfpn.advisen.com Last month, The State published a news story about a federal jury awarding six residents of Bishopville, South Carolina with a $2.3 million verdict. The residents had complained and filed a lawsuit against a landfill owner for nuisance odors that they claimed made their life miserable. […]

April 30, 2012

IA Plant Sued Over Pollution

Read here about a lawsuit filed against a corn plant in Iowa because of significant pollution emitted from the plant.

April 4, 2012

Waste Facility – Contamination to Third Parties

Source: Rockhill Environmental/NECC Newsletter A class action lawsuit was filed by 45 claimants against a waste facility alleging they contributed to off-site contamination next to a waste disposal owned by the facility. The suit alleged the contamination migrated onto the claimants’ properties, contaminating their homes, crops, and livestock. The claim was settled in the high five […]

April 4, 2012

Environmental Facilities – Landfill Odor Complaints

Source: Rockhill Environmental/NECC Newsletter A landfill was issued violations by a state regulatory authority for an alleged failure to maintain their landfill gas collection system. The landfill also received odor complaints from neighboring residents. A lawsuit was filed by a neighboring shopping center, claiming a significant loss of business due to customer odor complaints. A second […]

April 4, 2012

Mold Claims for Damages Get New Life

Source: The Wall Street Journal, April 1, 2012 By: Josh Barbanel The problem of mold—that furry, slimy or powdery substance that grows in damp places—just got a lot more dangerous, at least for landlords and co-op and condo boards in New York. Four years ago, a key appellate court decision in Manhattan blocked millions of […]

March 23, 2012

7th Circuit Rules No Pollution Coverage under Illinois Law

Source: The National Law Review, March 22, 2012 By: Angela Ebert On March 12, 2012, the Seventh Circuit, applying Illinois law, held that the Village of Crestwood was not entitled to coverage for claims relating to a contaminated water supply. See Scottsdale Indemnity Co. v. Village of Crestwood, ___ F.3d ___, 2012 WL 769730, Nos. […]

February 24, 2012

Cleanup doesn't stop Milford lawsuit against Benjamin Moore

Source: http://www.milforddailynews.com, February 23, 2012 By: Brian Benson Cleanup of contaminated town land behind Benjamin Moore’s Sumner Street property is nearly complete, but a lawsuit stemming from the contamination continues. Town Counsel Gerald Moody said the town plans to proceed with a suit it filed against Benjamin Moore in 2009 that seeks to hold the […]

February 9, 2012

New York Court Addresses Impact of Allowing Insured to Default

Source: http://www.jdsupra.com, February 3, 2012 By: Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Sunnyside Dev. Co., LLC v. Chartis Specialty Ins. Co., 2012 U.S. Dist. LEXIS 9392 (S.D.N.Y. Jan. 26, 2012), the United States District Court for the Southern District of New York demonstrated the consequences that an insurer faces when allowing […]

February 6, 2012

Lawsuit claiming mold caused illness to go forward

Source: Virginian-Pilot (Norfolk, VA), February 3, 2012 Posted on: http://envfpn.advisen.com A lawsuit claiming a boy was sickened by longstanding moldy conditions at his elementary school will move forward against the School Board and two of its employees, albeit with fewer claims, a judge decided this week. Circuit Judge Rodham T. Delk Jr. dismissed claims of simple negligence […]

January 23, 2012

Patriot Coal Agrees To Settle Selenium Pollution Claims

Source: St. Louis Post-Dispatch, January 19, 2012 Posted on: http://www.hispanicbusiness.com Patriot Coal Corp. has agreed to pay $7.5 million civil penalty and install pollution treatment systems at some of its West Virginia mining complexes to settle a lawsuit filed by a coalition of environmental groups last year. The lawsuit, filed in U.S. District Court in […]

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