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Delaware Business Court Insider

Laster: Law Firm, Not Client, Drove Demand to Open Books and Records

The Delaware Court of Chancery on Monday dismissed a books-and-records suit against plastics supplier A. Schulman Inc., finding that the plaintiff's Levi & Korsinsky attorneys—and not their client—were the force behind the suit.
4 minute read

The Legal Intelligencer

Settlements and CERCLA Contribution Claims–A Lesson in Careful Drafting

The federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), better known as Superfund, provides private parties with two types of claims to recover costs associated with investigating and remediating contaminated sites—a cost recovery claim under CERCLA Section 107(a), 42 U.S.C. Section 9607(a), and a contribution claim under Section 113(f), 42 U.S.C. Section 9613(f). A party can have either a CERCLA Section 107 cost recovery claim, or a Section 113 contribution claim, but not both, as each section of CERCLA provides mutually exclusive remedies.
9 minute read

National Law Journal

Asbestos Manufacturer Blames 'Abuses in Tort System' for Chapter 11

A Georgia-Pacific LLC unit is blaming “abuses in the tort system” for the skyrocketing number of lawsuits that forced it to file for Chapter 11…
7 minute read

Delaware Business Court Insider

Laster Denies Stay of Fraud Suit in Wake of Federal Subpoenas

The Delaware Court of Chancery on Thursday refused a request by Citadel Plastics Holdings to delay a fraud suit stemming from its $800 million sale to plastics supplier A. Schulman Inc. after federal prosecutors subpoenaed five defendants in a parallel criminal probe, saying it was not yet clear to what extent the two cases would overlap.
4 minute read

Daily Report Online

GA and FL AGs Welcome Trump's Opioid Task Force Report

The attorneys general of Georgia and Florida welcomed the President's Commission on Combating Drug Addiction and the Opioid Crisis report released…
6 minute read

Litigation Daily

Litigators of the Week: Teamwork Makes the Dream Work in Knocking Out Kasowitz FCA Case

When lawyers from five mega-firms came together to fight a $90 billion reverse False Claims Act lawsuit, their mission was clear from the start: stop Kasowitz.
29 minute read

The Legal Intelligencer

Federal Environmental Deregulation and Pennsylvania Operations

On Oct. 16, the Environmental Protection Agency published its proposal to repeal the carbon pollution emission guidelines for existing electric power plants, the centerpiece of the Clean Power Plan, 82 Fed. Reg. 48,035.
7 minute read

National Law Journal

D.C. Judge Nixes Kasowitz' $90B Whistleblower Suit Against Chemical Giants

The firm Kasowitz Benson Torres brought the lawsuit under the False Claims Act against various chemical companies, including BASF and Dow Chemical, but a D.C. judge said the firm's legal theory failed.
21 minute read

The Recorder

Judge Tosses $417M Talc Verdict in California Court

A Los Angeles Superior Court judge has tossed a record $417 million talcum powder verdict after finding “serious misconduct” on the part of the…
16 minute read

Delaware Law Weekly

Dow Claims Against Foreign Competitor, US Subsidiary to Proceed

The Delaware Court of Chancery on Thursday ruled it lacked jurisdiction over foreign companies accused of stealing Dow Chemical's trade secrets for manufacturing paint polymers, but allowed claims to proceed against a Delaware subsidiary and its parent.
3 minute read

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