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The Recorder

PG&E Hit With Lawsuits Blaming Wine Country Fires on Lackluster Power Line Maintenance

Pacific Gas & Electric's lackluster maintenance of power lines, poles, and brush played a major role in sparking the wildfires that ravaged Northern California's wine country last month, according to a suit filed by a coalition of plaintiffs firms.
7 minute read

Daily Business Review

Regulators Sign Off on Duke Energy Deal

 State regulators approved a wide-ranging settlement agreement that ends the possibility Duke Energy Florida will build a nuclear power plant…
7 minute read

Litigation Daily

Facing a Potential Litigation Inferno, PG&E Looks to Quinn Emanuel's Kathleen Sullivan to Hold the Line

The ace litigator is trying to stop a potential conflagration in its tracks. At issue is whether PG&E will face punitive damages in the 2015 Butte fire.
22 minute read

New York Law Journal

The Electricity Sector Heats Up. But Is Electricity a 'Good' Under Article 9?

In her Secured Transactions column, Barbara M. Goodstein writes: The nature of electricity as an asset under the UCC will undoubtedly become more of an issue over time. Overall, most courts considering the issue have held electricity to constitute “goods,” although the bankruptcy cases continue to be divided. New York courts are the sole outlier in non-bankruptcy cases.
11 minute read

Connecticut Law Tribune

Conn. Attorneys Respond to Crisis in Puerto Rico

Connecticut's legal community has been eager to assist fellow Americans in Puerto Rico who have experienced a humanitarian crisis since Hurricane Maria hit the island Sept. 20.
6 minute read

New York Law Journal

Forte v. Direct Energy Services, LLC

Failure to Make Statutorily-Required Disclosure Conspicuous Was Unfair Practice
3 minute read

The Legal Intelligencer

Borough of Ellwood City v. Heraeus Electro-Nite, LLC, PICS Case No. 17-0726 (Pa. Commw. July 25, 2017) McCullough, J. (14 pages).

The trial court properly held that the Borough of Ellwood City's ordinances precluded the Borough from back-billing for electricity and related services and that the Borough's purported municipal lien premised upon a contractual arrangement was preclude. The court affirmed a trial court order granting defendant's motion for judgment on the pleadings.
3 minute read

The Legal Intelligencer

Crouse v. Foltz et al, PICS Case No. 17-1205 (C.P. Adams July 6, 2017) George, J. (10 pages).

Defendants could not maintain their joinder complaint against Littlestown Borough in this action arising out of injuries plaintiff suffered on defendants' property where they failed to demonstrate that the utility services facilities exception to governmental immunity applied. The court granted the defendant municipality's motion for summary judgment.
6 minute read

The Legal Intelligencer

Big Bear Mgmnt. Fund v. Lower Macungie Twp., PICS Case No. 17-1170 (C.P. Lehigh May 25, 2017) Johnson, J. (22 pages).

An agreement reached through a series of letters regarding individual billings to mobile home park tenants for sewer charges was binding on the township. Owners of the park were secondarily liable if the individual tenants failed to make payment.
6 minute read

The Legal Intelligencer

DeLuca v. Mountaintop Area Joint Sanitary Auth., PICS Case No. 17-1192 (Pa. Commw. July 12, 2017) Leavitt, P.J. (21 pages).

Trial court properly found that a de facto condemnation occurred and granted landowner's petition for appointment of a board of viewers because the manner in which sewer authority chose to operate its system caused repeated flooding of sewage into landowner's house and property where authority designed its manholes so that sewage exited at a slower rate than it entered, was well aware of the likelihood of an overflow and took no steps to remedy the structural defect. Affirmed.
6 minute read

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