From West Coast to East Coast, states have rushed to issue orders, rules, and regulations to address the new coronavirus pandemic, including, in part, the states’ determinations of what construction work/services are “essential.” Those definitions of “essential” construction activities vary greatly; some states adopted severe restrictions on construction (allowing only emergency repairs), while others issued few restrictions (leaving construction relatively unaffected).
Despite the states’ attempts to maintain “essential” construction ...
Clients who are new to asbestos litigation often ask why so many defendants are named in asbestos lawsuits. The person usually says to me, “it sounds like they just name every company which they believe used asbestos at some point and then they see what sticks. Isn’t this a huge cost on the system and a burden on companies that had no connection to the plaintiff?”
These questions and others were recently on the minds of Iowa legislators. The Iowa House and Senate passed a bill requiring that plaintiffs who are seeking damages relating to asbestos and silica exposures provide more ...
In general, Illinois law requires that a lawsuit be commenced “(1) in the county of residence of any defendant who is joined in good faith and with probable cause for the purpose of obtaining a judgment against him or her and not solely for the purpose of fixing venue in that county, or (2) in the county in which the transaction or some part thereof occurred out of which the cause of action arose.” 735 ILCS 5/2-101. For venue purposes, the residence of a corporation, such as a hospital, is in the county where it has any office or is doing business. 735 ILCS 5/2-102. Because hospitals ...
Cases decided by federal courts in Illinois and the Seventh Circuit have held that groundwater does not implicate the CWA, even if there exists a hydrological connection between groundwater and navigable waters. In Vill. of Oconomowoc Lake v. Dayton Hudson Corp., 24 F.3d 962, 965 (7th Cir. 1994), the Seventh Circuit opined that “we are confident that the statute Congress enacted excludes some waters, and groundwaters are a logical candidate.” In a more recent case involving seeps from unlined coal ash pits at a retired coal-fired power plant, which allegedly migrated through ...
On March 25, 2020, the United States Environmental Protection Agency (“USEPA”) published on its website a draft memorandum entitled “Interpretation of ‘Begin Actual Construction’ Under the New Source Review Preconstruction Permitting Regulations” (“draft memorandum”). The draft memorandum announces that USEPA is adopting a revised interpretation of “begin actual construction” that will allow a source owner or operator to undertake significantly more physical on-site activities prior to obtaining a construction permit than previously allowed ...
An Unexpected Adversary and Risk in Notice Decisions?
You expect consumer complaints and even class action threats in the wake of a law firm data breach. But does a defense law firm expect to be sued by the carrier for the clients it represents? Whether surprising or not, it is happening and law firms must take note. In today’s world there are sometimes tensions between the interests of insurance companies and the law firms engaged to represent the ultimate client—the insureds. Now, it appears that law firms’ decisions following information security incidents have advanced up ...
For many decades, Delaware has enjoyed a favored position as the first choice for incorporation. Many U.S. companies incorporate in Delaware to benefit from its favorable tax and legal corporate environment. And other states look to specialized Delaware courts for guidance, particularly the Delaware Court of Chancery, with its expertise and deep precedent in corporate and shareholder dispute resolution. Delaware’s developed jurisprudence, with a perceived orientation to corporate interests, is unmatched in any other state and offers more guidance and certainty.
Now, the ...
In 2020, the Missouri General Assembly continued its efforts toward tort reform related to asbestos trust claim transparency related to civil litigation. As explained below, S.B. 575 sought to make clear from the beginning of a lawsuit the scope and extent of asbestos trust fund (“Trust”) claims available to a plaintiff and to allow evidence related to such claims to be admissible at trial.
S.B. 575, sponsored by Senator Bill Eigel (St. Charles County), would have imposed substantive and procedural requirements for lawsuits filed for damages related to asbestos exposure. The ...
Summary of County of Maui, Hawaii v. Hawaii Wildlife Fund, et al.
No. 18-260, Argued 1/6/2019, Decided 4/23/2020)
Petitioner, County of Maui (“Maui”), operates a wastewater reclamation facility that partially treats water from the surrounding area, then releases roughly 4 million gallons of treated water into the ground through four wells. The effluent travels through ground water for one-half mile to the Pacific Ocean.
In 2012, environmental groups sued under the citizen suit provisions of the Clean Water Act (“Act”), alleging that Maui was “discharge[ing]” a ...
Not long after governors and mayors issued orders shutting down non-essential businesses as a safeguard against the spread of COVID-19, we read countless emails and blog posts about how those entities’ business interruption coverages might apply to businesses shut down by the pandemic. Most writers conclude the ISO forms almost certainly will not indemnify the insured for those costs, and while there undoubtedly will be exceptions, I won’t muck about trying to add to that consensus here.
Instead, I’m curious about what happens next, when the owner of a restaurant or plastics ...
