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RT ECP: Commercial Real Estate

April 30, 2020

San Francisco’s Treasure Island residents sue Lennar, others for $2B, claim failed toxic cleanup

Source: https://www.constructiondive.com/, January 28, 2020 By: Kim Slowey In addition to the $2 billion plus legal fees, the plaintiffs are asking the court to require that the defendants remediate the property to an acceptable condition; conduct safety and health assessments for those living, working or attending school on the island; and stop any development, construction, […]

March 26, 2020

Who Pays When Remediation Goes Wrong? A Federal Court’s Evaluation of Contractor Liability

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”) has been a prodigious generator of litigation for decades. First, the government sought to compel potentially responsible parties (“PRPs”) to clean up contaminated sites. Then, those PRPs who were found liable or who settled with the government sought contribution from other PRPs. Now, even after these […]

March 3, 2020

Huntsville Housing Authority confirms radon problems identified by AL.com investigation, doesn’t tell tenants

The Huntsville Housing Authority found high levels of radioactive gas inside more than 60 public housing units last fall but never told the tenants they were breathing cancer-causing radon. Residents of Butler Terrace Addition knew nothing until reporters from AL.com and its affiliate, The Oregonian/OregonLive, made contact with some of them last week. Read more.…

March 8, 2019

Pollution Exclusion Bars Insurance Coverage for Oil-Based Paint Fumes

Source: https://www.law.com, March 7, 2019 By: Steven A. Meyerowitz U.S. District Judge Ursula Ungaro dismissed a case against an insurance company facing a bodily injury claim from paint fumes in an office building. A federal district court in Miami ruled an insurance policy’s pollution exclusion precluded coverage of a lawsuit against the owner and manager of […]

July 27, 2018

Toxins found in Upper Dublin drinking water; EPA holds forum to address concerns

Source: https://6abc.com, July 26, 2018 By: Vernon Odum The tap water in Upper Dublin Township is widely believed by local residents to be dangerously contaminated by firefighting agents from military bases in this area of Montgomery County. The acronym for the contaminating chemical in question is PFAS, which stands for Per- and Polyfluoroalkyl Substances. According […]

July 12, 2018

Toxic soil claims stall San Francisco shipyard development

Dive Brief: Kofi Bonner, co-chief operating officer of Five Point Holdings, developer of the Hunters Point Shipyard/Candlestick Point project on and around the site of a former U.S. Navy shipyard in San Francisco, told the San Francisco Chronicle that the project will be delayed for years due to uncertainty around potentially radioactive soil that is scaring off […]

November 16, 2017

7 cases of Legionnaires’ disease tied to Las Vegas’ Rio hotel

Source: https://www.reviewjournal.com, November 15, 2017 By: Jessie Bekker Five months after an outbreak of Legionnaires’ disease was reported at the Rio, the number of confirmed cases of the pneumonia-like bacterial illness among guests has risen to seven, with 29 more cases suspected, the Southern Nevada Health District said Tuesday. Meanwhile, cleaning and testing of the […]

November 13, 2017

Disneyland shuts cooling towers after Legionnaires' cases

Read here about Disneyland shutting down cooling towers after a dozen cases of Legionnaires were discovered after most of the patients had visited the park.

September 25, 2017

NYC man dies of Legionnaires' disease, 1 other sickened

Source: http://www.foxnews.com, September 21, 2017 A Queens resident is dead and another was sickened after they both contracted Legionnaires’ disease within a two-month period, prompting New York City health officials to investigate their apartment building’s plumbing. The other residents of Park Towers, located on Queens Boulevard in Forest Hills, have been notified of the ongoing […]

August 30, 2017

Lead-Based Paint Is a “Pollutant” within CGL Pollution Exclusion

Source: http://www.constructionrisk.com, August 2017 By: Kent Holland Where lead-based paint was ingested by a tenant’s child, the tenant sued her landlord for injuries allegedly sustained by the child. The landlord tendered the claim to its commercial general liability (CGL) insurer who, instead of defending the case, filed a declaratory judgment action seeking a determination that […]

April 5, 2017

Neighbor of Alabama Waffle House Sues Over Grease, Sewage Seepage

Read here about a lawsuit filed over grease and sewage that seeped onto the neighboring property of an Alabama restaurant.

April 5, 2017

Carbon Monoxide Leak in Michigan Hotel Kills Child, Sickens Others

Read here about a carbon monoxide lead at a hotel in Michigan that killed one and sickened others.

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