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Texas Lawyer

Consequential and Direct Damages in Spotlight Amid Energy Firms' Insurance Spat

Total's appeal was more focused on Kinder Morgan's actual coverage, which was limited to $6 million. The trial court sided with Kinder Morgan on that point, but Total claimed actual damages of $9 million and hoped to overcome the limit.
5 minute read

The Legal Intelligencer

No Place for the Pollution Exclusion in PFAS Products Liability Claims

With PFAS found in common household products from food wrappers to cosmetics and nonstick cookware to medical equipment, a wide array of policyholders now find themselves staring down the barrel of PFAS products liability lawsuits.
7 minute read

The Recorder

PFAS: New Targets for Proposition 65 Litigation

Companies should be aware that they are entering a new frontier for potential Proposition 65 litigation.
6 minute read

The Legal Intelligencer

The Uphill Battle to Regulating Greenhouse Gas Emissions

For more than three decades, climate change has been a focal point for science, media and politics. While the contributions of greenhouse gas (GHG) emissions to climate change are well understood, the Environmental Protection Agency (EPA) has been unable to widely regulate them.
7 minute read

Texas Lawyer

In Case of First Impression, Baker Botts Gets Dismissal in Mass Tort Toxic Spill Case

"Whether CERCLA and the OPA both apply to a mixed spill is a question of first impression for the court," U.S. Magistrate Judge Dana Hanovice Palermo said.
3 minute read

The Legal Intelligencer

Is the Pa. High Court Deciding the Most Helpful Environmental Rights Amendment Cases?

The Supreme Court can only decide so many cases. If we are to have a constitutional environmental provision with relevance to the interaction of private activities with the government, Pennsylvania business, organizations, and their lawyers need some guidance on both parts of the ERA.
7 minute read

Litigation Daily

Litigators of the Week: Sullivan & Cromwell Scores International Arbitration Win for Bayer Over Assets Sold to BASF

BASF paid €7.4 billion to purchase several assets carved out of Bayer's crop science business. Last week an arbitration panel at the ICC turned back BASF's claims that Bayer hadn't properly disclosed certain costs for the divested businesses, including for personnel.
7 minute read

The Legal Intelligencer

Special Section: 2022 Energy/Environmental Law

In The Legal's Energy/Environmental Law supplement, read about NRD enforcement in Pennsylvania, EV charging station proposals and environmental justice in the Biden era.
2 minute read

Law.com

A 4th PCB Trial Against Monsanto Ended in a Mistrial. 'We Were a Little Chagrined.'

After getting hit with three verdicts totaling $269 million over PCB exposure at a school in Washington state, Monsanto declared victory after a fourth ended in a mistrial on July 14.
3 minute read

The Legal Intelligencer

Pa. Steps Up NRD Enforcement. Is a Comprehensive NRD Program Coming?

A recent decision from the Pennsylvania Commonwealth Court addressing Pennsylvania's authority and standing to seek NRD may further embolden state officials. The regulated community should be aware of changing NRD landscape in Pennsylvania and work with counsel to manage potential NRD liabilities.
7 minute read

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