SMELTER CONTAMINATION: Landowners’ claim for restoration damages relating to discharge of arsenic and lead remanded to District Court following US Supreme Court’s allowing claim with EPA approval… order. [Read more…]
Snowplow cab slam, later embolism death
Being slammed in snowplow cab when wing hit guardrail was primary cause of later pulmonary embolism and resulting death, widow entitled to death benefits… denial of liability was reasonable, no penalty or fees… Sandler. [Read more…]
Restoration damages, landowners’ smelter contamination
RESTORATION DAMAGES: Landowners affected by smelter contamination are “potentially responsible parties” under CERCLA, need EPA approval to take independent remedial action… Montana Supreme Court affirmed as to jurisdiction, reversed on the merits. [Read more…]
Restoration damages, CERCLA preemption
RESTORATION DAMAGES: Bidegaray’s order denying summary judgment for ARCO on Property Owners’ restoration damages claim related to the Anaconda Smelter Superfund site as barred by CERCLA and granting summary judgment for Property Owners on ARCO’s CERCLA preemption defenses affirmed on petition for supervisory control… opinion & order. [Read more…]
Jurisdiction, restoration plan “reactive” challenge
JURISDICTION declined over “reactive” request that environmental restoration plan proposed by landowners in pending State Court action be declared prohibited by CERCLA… Lynch/Morris. [Read more…]
Attorney disqualification, prospective client
ATTORNEY DISQUALIFICATION: Rifle manufacturer’s national counsel improperly used fact that Plaintiffs had been turned down by local counsel to intimidate and create impression they had bad case… national and local firms properly disqualified… Salvagni affirmed. [Read more…]
$3,146,185 fees, $29M ESOP stipulated judgment
ATTORNEY FEES: $3,146,185 fees, $89,153 costs awarded in $29 million settlement/stipulated judgment and assignment of rights by grocery chain executives to 35 ESOP participants… $35,816,986 total judgment with $6,816,986 prejudgment interest… appeal bond waived for $26 billion insurer… Townsend. [Read more…]
Contamination, smelter, soil, summary judgment
ENVIRONMENTAL CONTAMINATION: Smelter soil contamination summary judgment rulings affirmed, reversed… Newman affirmed, reversed. [Read more…]
Insurance, $29 million ESOP settlement, defend
INSURANCE: $29 million settlement by 35 ESOP participants and grocery chain executives found reasonable following reasonableness hearing on remand from Supreme Court holding that insurer breached duty to defend and was estopped from denying coverage and no evidence of collusion but reasonableness hearing required… $29 million judgment against insurer… Townsend. [Read more…]
Insurance, notice to “policy insured”
INSURANCE: Letter from Ch. 7 counsel notifying insurer of proof of claim was not sent by a “policy insured,” insurer has no duty to defend…. Haddon affirmed (other grounds) (unpublished). [Read more…]