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Courts Split Over Applying Absolute Pollution Exclusion to Toxic Exposure Claims
Litigation over "total" or "absolute" pollution exclusions has grown, with courts split over whether the seemingly straightforward exclusions apply to toxic exposure claims. Attorneys Jennifer R. Devery and Margot L. Green discuss the reasoning used by courts that have come down on both sides of the coverage issue. The authors also address two welding fumes cases that illustrate the fundamental split over whether the exclusions apply to what are sometimes deemed "non-traditional" pollution claims.The Score: Dentons Partner Doubles as Fantasy Sports Pro
Like many lawyers, Glenn Colton is a baseball fan. But the Dentons white-collar and government investigations practice head has taken his love for America's national pastime to the next level, scoring his own fantasy baseball column and SiriusXM radio show. In June, Colton will be inducted into the Fantasy Sports Trade Association's Hall of Fame. Also: Covington advises the U.S. Open on a new $770 million TV deal with ESPN and Bracewell & Giuliani and Loeb & Loeb get involved in two high-profile memorabilia fights in our regular look at sports and the law.Asbestos Injuries and the 'Completed Operations' Provision
In asbestos insurance coverage litigation, the extent of an insurer's liability often turns on whether the court determines that the underlying injury took place while the insured was conducting operations or after operations were completed; The distinction can be important for determining whether aggregate limits apply. Attorney Christine Cwiertny discusses how the 4th Circuit's Wallace & Gale decision provides strong support for some insurers seeking to enforce completed operations limits.Certain Underwriters at Lloyd�s, London, plaintiffs v. Foster Wheeler Corp., defendant-appellant
New Jersey Law Governs Policies Under Which Firm Sought Asbestos Exposure Action Defense CostsComplaint Against Microsoft Corp. for Employment Discrimination
Jackson v. Microsoft Corp., U.S. District Court for the District of Columbia, filed January 3, 2001Cite as: MBIA Insurance Company v. Countrywide Home Loans, 602825/08, NYLJ 1202499059313, at *1 (App. Div. 1st, Decided June 30, 2011)Before: Angela M. Mazzarel
The class, which includes a huge swath of U.S. industry, accuses CSX, Union Pacific, and others of fixing prices for fuel surcharges. Treble damages could run into the billions of dollars.
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