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Articles
Judge Finds GenOn Power Plant Suit is Like School on a Saturday … No Class
Toxic Tort and Environmental Law Update
February 2015
General Permit Shields Mining Company from Liability for Selenium Discharge
Toxic Tort and Environmental Law Update
February 2015
Petroleum Companies Dismissed from Pair of Louisiana Federal Lawsuits Alleging Environmental Impact to Canals and Coastal Lands
Toxic Tort and Environmental Law Update
February 2015
Washington District Court Holds that CERCLA Displaces Federal Common Law Public Nuisance Claims
Toxic Tort and Environmental Law Update
February 2015
Pennsylvania Supreme Court Declines Review of Case Applying Statute of Repose to Asbestos Claims
Toxic Tort and Environmental Law Update
February 2015
Does the EU’s Right To Be Forgotten Pose a Threat to Companies in the U.S.?
The Privacy Advisor
February
Subsurface Trespass Claims Remain an Open Question in Texas
Hydraulic Fracturing Digest
February 2014
Report by House Natural Resources Committee Highlights Shortcomings in Use of Peer Review Science by U.S. Fish and Wildlife Service
Developments
February
The Illinois Supreme Court In 2014: A Look at the Stats
Law360
February 2015
Arbitration Clauses: Take the Time to Ensure Enforceability
California Employment Law Letter
February 2015
Contracts are Still King after Pa. Oil Drilling Case
Law360
February 2015
Dish Network Potentially on the Hook for Billions in Penalties for Violating Federal and State Telemarketing Regulations
Media Law Bulletin
February 2015
Unpaid Interns May Expose Companies to Liabilities
Employment Law Alert
January 2015
Maximizing Personal Image in Business and in Court
New Jersey Law Journal
January 2015
Case Could Alter the Reach of the Endangered Species Act
Texas Lawyer
January 2015
Bringing the Cyber War to the Medical Device Battleground
Mass Torts Litigation
January 2015
Mobile Wi-Fi Bumps Up Against NIMBY
Law360
January 2015
Whirlpool Case Is Instructive of Rule 23(a) Requirements
Law360
January 2015
Will the “Naturally Occurring” Exemption for Food (and Supplements) Become an Achievable Defense in 2015?
Prop 65 Update
January 2015
2015 May Bring Significant (More Burdensome) Changes to Proposition 65 Warning Requirements
Prop 65 Update
January 2015
Calif. Poised to Take Another Look at Secondary Exposure
Law360
January 2015
Trial Team Talk
Women Connect
Winter 2014
Renowned Journalist Linda Wertheimer Discusses Her Career, Politics and Women in the Workforce
Women Connect
December 2014
California Appellate Court Upholds Bar to Liability by Premises Owners for Secondary Exposure
Toxic Tort and Environmental Law Update
December 2014
Res Judicata Prevents Plaintiff from Recovering Exemplary Damages
Toxic Tort and Environmental Law Update
December 2014
Class Certification Denied in Chemical Leak Lawsuit
Toxic Tort and Environmental Law Update
December 2014
District Court in Louisiana Nixes “Bystander Damages” for Relatives of Asbestos Victims
Toxic Tort and Environmental Update
December 2014
NY Lessees Are Not Liable Under CERCLA As Owners
Law 360
December 2014
Industry Challenging County and Municipal Bans on Multiple Fronts
Hydraulic Fracturing Digest
December 2014
The Second Circuit’s Recent Decision on State Anti-Subrogation Laws Pokes a Hole In an Otherwise Uniform Application of Federal Health Benefit Law
ABA Health eSource
December 2014
Upcoming Listing Decision on Northern Long-Eared Bat May Have Far-Reaching Impacts on Industry
Developments
December 2014
Market Outlook for San Francisco Commercial Real Estate
Developments
December 2014
Turtles Copyright Battle Gets Sirius
Daily Journal
December 2014
Plot Thickens for Screenplay Infringement Cases[1]
Media Law Bulletin
December 2015
No Break from Prison for General Noriega As Black Ops II Is Cleared by Transformative Use Doctrine
Media Law Bulletin
December 2014
Arbitration Clauses: Say What You Mean
California Employment Law Letter
December 2014
The Seemingly Interminable Garlock Saga: Where Are We Now?
Toxic Tort and Environmental Law Update
November 2014
One Expert In, One Expert Out in Illinois Asbestos Case
Toxic Tort and Environmental Law Update
November 2014
“Rip & Run” Asbestos Abatement Not Taken Lightly By the U.S. Government
Toxic Tort and Environmental Law Update
November 2014
New York District Court Holds Lessee Not Liable Under CERCLA as an Owner
Toxic Tort and Environmental Law Update
November 2014
Insurance Rules of the Road for Ride-Sharing Companies
Law360
November 2014
A Critical Look at the UCL's Role in Food and Beverage Class Actions
Bloomberg BNA Class Action Litigation Report
November 2014
Fighting 'Fugitive Dust' Claims with Rule 403
Law360
November 2014
Out-of-Date Insurance Rating Factors May Be a Roadblock to Tomorrow's Self-Driving Cars
Daily Journal
November 2014
Have a Game Plan Before Waiving a Mechanic's Lien Priority
Law360
November 2014
Online Comments Section Can Raise Republication Issues
Law360
November 2014
High Court Likely Won't Affirm 6th Circ. Omnicare Ruling
Law360
November 2014
Warner Bros.’ Super Victory: U.S. Supreme Court Effectively Ends Lengthy Superman Copyright Dispute
Media Law Bulletin
November 2014
Aereo Loses Bid to Resume Operations
Media Law Bulletin
November 2014
Plot Thickens For Screenplay Infringement Cases
Law360
November 2014
Brown v. Tellermate Holdings, Ltd.: Lessons in Managing the Discovery of ESI
Intellectual Property & Technology Law Journal
November 2014
Floods of TIEAs
Cayman Financial Review
October 2014
Pennsylvania Appeals Court Affirms Defendants’ Summary Judgments on Bystander Exposure Claims
Toxic Tort and Environmental Law Update
October 2014
UPDATE: United States Supreme Court Declines Review of Ninth Circuit Decisions Involving “Any Exposure” Theory and Government Contractor Defense
Toxic Tort and Environmental Law Update
October 2014
Fifth Circuit Maritime Case May Set National Standard
Toxic Tort and Environmental Law Update
October 2014
Federal Court Finds Potential Risks to Human Health and the Environment from Pesticide Use on Genetically Modified Organisms Inadmissible to Establish Nuisance Claim
Toxic Tort and Environmental Law Update
October 2014
California Federal Court Dismisses CERCLA Claims and Strikes Request for Attorneys’ Fees
Toxic Tort and Environmental Law Update
October 2014
New Federal Chemical-Disclosure Regulations? Public-Comment Period Has Ended
Hydraulic Fracturing Digest
October 2014
First Circuit Confirms No Fiduciary Breach in Use of a Retained Asset Account
Healthcare Law Newsletter
October 2014
California Court of Appeals Holds That the California Mental Parity Act Covers Residential Care for Anorexia Nervosa Even When the Plan Does Not Provide for Its Coverage
Healthcare Law Newsletter
October 2014
California Court of Appeal Rules That California Regulation Section 1300.71(a)(3)(B) Is Not the Exclusive Standard for Valuing the Post-Stabilization Services Provided by a Non-Contracted Hospital
Healthcare Law Newsletter
October 2014
FCC Axes Sports Blackout Rule, What Now?
Daily Journal
October 2014
5th Circ. Maritime Case May Set National Standard
Law360
October 2014
Texas Supreme Court Declines to Address Recovery for Stigma Damages in the Absence of a Permanent Physical Injury to Property
Toxic Tort and Environmental Law Update
September 2014
Significant Victory for Defendants in Sierra Club Pollution Suit
Toxic Tort and Environmental Law Update
September 2014
Washington Supreme Court Ratifies Employer Immunity for Asbestos Exposure
Toxic Tort and Environmental Law Update
September 2014
Employers’ Asbestos Liabilities Do Not Extend to Workers’ Spouses
Toxic Tort and Environmental Law Update
September 2014
Kansas Appellate Court Disallows Strict Liability Claims for Refinery’s Alleged Discharge of Pollutants
Toxic Tort and Environmental Law Update
September 2014
Contractors Beware: Appellate Court Permits Taxpayer Lawsuit in Alleged “Pay to Play” Scheme
California Constructor
September 2014
Testing Liability
Los Angeles Lawyer
September 2014
District Court Dismisses Passenger’s Direct Action Against Airline’s Insurer
Aerospace Insurance Update
September 2014
City’s Handling of Application for Subdivision Approvals May Trigger Liability Under Fair Housing Act
Developments
September 2014
Frequent-Flyer Class Actions Likely To Be Less Frequent
Aerospace Insurance Update
September 2014
60-Day Notices for Phthalate DINP Can Begin on December 12, 2014
Prop 65 Update
Fall 2014
Continuing Litigation Over Titanium Dioxide in Sunscreen and Cosmetics Underscores Importance of Exposure Assessments in Significant Proposition 65 Cases
Prop 65 Update
Fall 2014
Bill Introduced in Congress to Ban Bisphenol (BPA)
Prop 65 Update
Fall 2014
Bermuda: Taking Charge of the Future
Sedgwick White Paper
September 2014
Guide to Class Actions in Latin America
Sedgwick White Paper
September 2014
California Federal District Court Grants Partial Dismissal to Suit Alleging Violations of the Endangered Species Act
Toxic Tort and Environmental Law Update
August 2014
Georgia-Pacific Consumer Products, LP v. Ratner et al.: Proving Commonality in Class Certification Cases Post-Wal-Mart v. Dukes
Toxic Tort and Environmental Law Update
August 2014
Injured Sailors May Seek Punitive Damages in the Asbestos MDL
Toxic Tort and Environmental Law Update
August 2014
N.J. Federal Court Dismisses Environmental Suit Against Lockheed Martin for Lack of Health Threat
Toxic Tort and Environmental Law Update
August 2014
Class Action Plaintiffs Look to Fair Credit Reporting Act for Private Relief from Data Breaches Involving Health Information
Law.com
August 2014
Prepare For The Wave Of FCRA Class Actions
Law360
August 2014
NY High Court Cuts Middle Path For Medical Disclosure
Law360
August 2014
Public Comment Will Push FCC To Move On Net Neutrality
Law360
August 2014
You Can Require Exempt Employees To Use Vacation, Sick Leave For Partial-Day Absences
California Employment Law Letter
August 2014
Can FCC Help Deliver The Dodgers to Hometown Fans?
Daily Journal
August 2014
Substantial Similarity in Literary Infringement Cases: A Chart For Turbid Waters
Westlaw Journal Intellectual Property
August 2014
News Media Touts “Findings” of New Study on Fracking Wells Leaks, But Fails to Recognize Limitations of Data
Hydraulic Fracturing Digest
July/August 2014
Updates: Federal Government's Efforts to Review and Devise Hydraulic Fracturing Regulations
Hydraulic Fracturing Digest
July/August 2014
Focus - Bermuda: What kind of disputes will keep us busy over the next few years?
South Square Digest
August 2014
California Supreme Court Expands Architect’s Duty of Care to Future Homeowners
Developments
July 2014
In Flux Eagle Regulations Continue to Impact Industries
Developments
July 2014
Omnicare: The Other Securities Case Directors and Officers Should Be Worried About
Inside Counsel
July 2014
Outside the Scope? New York Court of Appeals Limits the Disclosure of Medical Reports in Childhood Lead Poisoning Cases
Toxic Tort and Environmental Law Update
July 2014
Texas Supreme Court Reaffirms Causation Standard
Toxic Tort and Environmental Law Update
July 2014
First Circuit Court of Appeals Refuses to Relax Injury Requirement for Medical Monitoring Claims
Toxic Tort and Environmental Law Update
July 2014
Pennsylvania Statute of Repose Applies to Asbestos Claims
Toxic Tort and Environmental Law Update
July 2014
Sandy in the Courts
Sedgwick White Paper
July 2014
Calif. Is Particular About Secondary Exposure Liability
Law360
July 2014
No Coverage Under Aviation Policies Where Product Was Not Used in Connection With Aircraft or Aviation Operations
Aerospace Insurance Update
July 2014
District Court Dismisses Skydiver’s Action Against Aircraft Liability Insurer Based on Jumper Exclusion
Aerospace Insurance Update
July 2014
Unpaid Prevailing Wage Assessments and Actions: Ways a General Contractor (and Its Surety) Can Protect Itself or Limit Its Exposure
Construction Newsletter
July 2014
California Court of Appeal Allows Taxpayer Lawsuit Against Contractors on Public Works Projects
Construction Newsletter
July 2014
CSLL Does Not Bar Successor Entity’s Compensation Claims After Contractor’s Change of Business Entity During Construction
Construction Newsletter
July 2014
Arbitrators Can Determine Enforceability of Arbitration Clauses
California Employment Law Letter
July 2014
Is the ‘Food Court’ Losing Steam? An Update on Food and Beverage Consumer Class Actions in the Northern District of California
Bloomberg BNA Class Action Litigation Report
July 2014
U.S. Court of Appeals Dismisses Almost All Claims of Ecuadorian Provinces and Individual Plaintiffs Against DynCorp
JD Supra Business Advisor
July 2014
How 'Raging Bull' Case Could Impact Entertainment Industry
Law360
July 2014
Statutes of Limitations for Civil Actions Based on Childhood Sexual Abuse
Sedgwick White Paper
July 2014
The California Supreme Court’s Iskanian Opinion: Two Steps Forward, One Step Back
Washington Legal Foundation's The Legal Pulse
July 2014
Structuring Multinational Insurance Programmes: Fundamental Questions for Directors and Officers to Ask Before They Assume Personal Liability
Westlaw Journal Corporate Officers & Directors Liability
July 2014
D&O Claims – Overview of US Securities Law
Sedgwick White Paper
July 2014
Mississippi High Court Vacates Widow’s $1.1 Million Silica Sand Verdict for Insufficient Evidence
Toxic Tort and Environmental Law Update
June 2014
Supreme Court Rules CERCLA Does Not Preempt State Statute of Repose
Toxic Tort and Environmental Law Update
June 2014
NJ Court Clarifies Rights to Contribution From Joint Tortfeasors Dismissed Under Statute of Repose
Product Liability Advisory
June 2014
What To Expect From Growing AIA Patent Challenges
Law360
June 2014
U.S. Court of Appeals Dismisses Almost All Claims of Ecuadorian Provinces and Individual Plaintiffs Against DynCorp
Toxic Tort and Environmental Law Update
June 2014
Green Chemistry Regulatory Push Among States Continues
Product Liability Advisory
June 2014
CA Appellate Courts: Secondary Exposure Claims Permitted Against Product Manufacturers, But Not Premises Owners
Toxic Tort and Environmental Law Update
June 2014
Subchapter B of Chapter 542: In Light of Christus, an Old Statute Gets a New Application. But Is That What the Legislature Intended?
Journal of Texas Insurance Law
June 2014
Endangered Species and Trade Secrets
Natural Resources & Environment
June 2014
Suitable Seating Allegations ‘Compel’ Certification of Rite Aid Employee Class
California Employment Law Letter
June 2014
The Brookings Institution’s Ona Alston Dosunmu Discusses Diversity
Women Connect Newsletter
Spring 2014
Getting to Know Partner Kim Cook
Women Connect Newsletter
Spring 2014
Green Chemistry Regulatory Push Among States Continues
Law360
June 2014
California Court of Appeal Weakens the Component Parts Doctrine
ABA Toxic Torts and Environmental Law Committee Newsletter
June 2014
The Problem Of Payment In A Delegated-Network System
Law360
June 2014
Made in the USA? Check Again
Law360
June 2014
High Stakes In Ascertainability Of Low-Dollar Purchases
Law360
June 2014
New Wave of Class Actions For Old (Common) Background Check Practices
California Employment Law Letter
June 2014
Why It's So Hard to Get the Law to Protect a Good Joke
The Hollywood Reporter
June 2014
Omnicare: The Other Securities Case To Be Worried About
Law360
June 2014
Law Leading Science: The Ninth Circuit Makes a Messick of Differential Diagnosis
Washington Legal Foundation Legal Backgrounder
June 2014
The Adequacy Of Class Representatives Whose Legal Interests Are Antagonistic To Class Members’ Non-Legal Interests
Mealey's Litigation Report: Class Actions
June 2014
Pushback Against Asbestos Bankruptcy Trust Abuse May Grow
Law360
June 2014
Federal Officer Defense Reinforced For Gov't Contractors
Law360
June 2014
Defining Liability for the Use of a Comedian’s Material
Los Angeles Lawyer
June 2014
Entry Barred: California Precondemnation Entry Statutes Declared Unconstitutional in Some Circumstances
Developments
June 2014
Duty To Defend Follows Facts, Not Theory Of Recovery
Law360
May 2014
State Courts’ Rulings On Medical Monitoring Claims Have Broad Implications For Toxic Exposure Class Actions
Mealey’s Litigation Report: Benzene
May 2014
Mixing Machine Defendants May Be Liable for Injuries Caused by Toxins Released During Mixing Process
Toxic Tort and Environmental Law Update
May 2014
CA Proposal Requiring Study on Fracking and Its potential Hazards Put in Suspense File; Bill Headed to Senate
May 2014
Indiana Federal Court Reconsiders Prior Ruling and Dismisses Untimely Claims for Injunctive Relief Under the Clean Air Act
Toxic Tort and Environmental Law Update
May 2014
Dallas Jury Awards $3 Million Verdict Against Oil and Gas Production Company
May 2014
New Jersey Rejects Liability for Third-Party Manufactured Replacement Parts Based on Lack of Causation Evidence
Toxic Tort and Environmental Law Update
May 2014
Federal Officer Jurisdiction Is Alive and Well: Ninth Circuit Affirms Jurisdiction for Navy Equipment Manufacturer
Toxic Tort and Environmental Law Update
May 2014
Garlock Court Grants Access to Sealed Documents Demonstrating a Widespread Pattern of Manipulation of Exposure Evidence
Toxic Tort and Environmental Law Update
May 2014
State Courts’ Rulings On Medical Monitoring Claims Have Broad Implications For Toxic Exposure Class Actions
Mealey’s Litigation Report: Tobacco
May 2014
Will NY Set A Trend For Mental Health Parity Enforcement?
Law360
May 2014
Search Me: The Constitutionality of “Stop and Frisk” Policies
EMBRACE - Sedgwick's Inclusion and Diversity Newsletter
May 2014
Appealing Matters
Trial Advocate Quarterly
May 2014
The Check’s in the Mail - Who Is Responsible for Payment in a Delegated-Network System?
Healthcare Law Newsletter
May 2013
NY Bill Seeks To Strip Insurers of Discretion When Substance Abuse Services Should Be ERISA Preempted
Healthcare Law Newsletter
May 2014
New York State Attorney Gives Insight Into Potential Federal Government Enforcement of New Mental Health Parity Regulations
Healthcare Law Newsletter
May 2014
The Affordable Care Act – Where are We Now
Healthcare Law Newsletter
May 2014
Jeep Owners Seek Class Cert. In Chrysler Faulty Parts Row
Law360
May 2014
What You Need to Know About the Continuing Trend to Regulate Employers at the Local Level
California Employment Law Letter
May 2014
Stryker Gets 8th Circ. Win In Pain Pump Injury Suit
Law360
May 2014
Indemnification Agreements: An Effective Technique for Transferring Risk in Texas
The Dicta
May 2014
New Legislative Efforts to Reform Prop. 65 – A Potentially Big Change for Small Businesses
Prop 65 Update
May 2014
The Art of Parodying a Global Mega-Brand: Reflecting on the Recent 'Dumb Starbucks' Prank
New Jersey Law Journal
May 2014
Update on Proposed Changes to Prop. 65 Warning Regulations – Better or Worse?
Prop 65 Update
May 2014
Update on California’s Green Chemistry Regulations – 3 Products in Crosshairs
Prop 65 Update
May 2014
Get Ready For More Medical Malpractice Claims In Florida
Law360
May 2014
The Evolution of Coverage B
ABA TIPS Media, Privacy & Defamation Law Committee, Spring 2014 Newsletter
May 2014
The Curious Problem of Eagles
Texas Environmental Law Journal
May 2014
Duped Subcontractor Can’t Recover From Landowner Payments Owed by General Contractor Under CERCLA
Toxic Tort and Environmental Law Update
April 2014
Court of Appeal Affirms Dismissal of Cases Brought by Foreign Banana Farm Workers Claiming Exposure to Chemicals Rendered Them Sterile
Toxic Tort and Environmental Law Update
April 2014
Federal Court Rejects Homeowners’ Expert’s Valuation of Alleged Diminution in Value Due to Environmental Contamination
Toxic Tort and Environmental Law Update
April 2014
California Court of Appeal Weakens the Component Parts Doctrine
Toxic Tort and Environmental Law Update
April 2014
Florida Supreme Court Affirms Disqualification of Counsel for Class Action of Toxic Tort Plaintiffs
Toxic Tort and Environmental Law Update
April 2014
Class Certification Meltdown in Florida
Product Liability Advisory
April 2014
Class Certification Denied in Moldy Baby Seat Lawsuit
Product Liability Advisory
April 2014
Sidecars: Riding Without a Helmet?
Bermuda: Re + ILS
April 2014
Calif.'s Small Step Toward 'Redevelopment 2.0'?
Law360
April 2014
Home Entertainment Market Offers Opportunity And Peril
Law360
April 2014
California Encourages Building Efficiency by Implementing Energy Benchmarking Legislation
Developments
April 2014
A Small Step Toward "Redevelopment 2.0"? Gov. Brown's Proposal to Expand the Use of Infrastructure Financing Districts
Developments
April 2014
Opinion Reins in One Product Liability Defense
Daily Journal
April 2014
Extended Whistleblower Protections Create More Liability for Companies
New York Law Journal
April 2014
Take What FCC Says About TCPA With A Grain Of Salt: Part 2
Law360
April 2014
Take What FCC Says About TCPA With A Grain Of Salt: Part 1
Law360
April 2014
A Brief Overview of Case Law on “Failure to Train” Claims and its Implications for Medical Device Manufacturers
AIG's Legal Insights
April 2014
Judicial Notice of FDA Website Documents Can Be a Powerful Lever in a Medical Device Manufacturer’s Motion to Dismiss
AIG's Legal Insights
April 2014
Substantial Similarity in Literary Infringement Cases: A Chart for Turbid Waters
April 2014
State Courts’ Rulings On Medical Monitoring Claims Have Broad Implications For Toxic Exposure Class Actions
Mealey’s Emerging Toxic Torts
April 2014
Recent Developments in Medical Monitoring Case Law (2013-2014)
IADC's Toxic and Hazardous Substances Litigation Committee Newsletter
March 2014
MTBE MDL Judge: Fresno’s Failure to Provide Evidence of Threat to Water Supply Wells Results in Dismissal
Toxic Tort and Environmental Law Update
March 2014
Los Angeles City Council Votes to Ban Hydraulic Fracturing: Home Rule or Preemption
Toxic Tort and Environmental Law Update
March 2014
New York Refines When Medical Monitoring Damages Are Available
Toxic Tort and Environmental Law Update
March 2014
Class Certification Denied in Moldy Baby Seat Lawsuit
Toxic Tort and Environmental Law Update
March 2014
Delayed Discovery Cannot Cure Defective Pre-Litigation Investigations for Proposition 65 Suits
Toxic Tort and Environmental Law Update
March 2014
6th Circ.'s CPSC Inaction Ruling May Help Manufacturers
Law360
March 2014
A Brief Overview of Case Law on ‘Failure to Train’ Claims and Its Implications for Medical Device Manufacturers
Westlaw Journal Pharmaceutical
March 2014
Amendments Streamline FRCP 45 Subpoena Power
Trial Practice (ABA Section of Litigation)
March 2014
Riding without a Helmet? Issues Arising in the Context of Reinsurance Sidecars
Reinsurance Magazine
March 2014