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Weekly Cases Update Volume 40, Issue 33

County of Loye v. Dakota

ELR 20019
No. 09-3277 (8th Circ., November 2010)

The Eighth Circuit upheld the dismissal of individuals' claims that a county violated the Americans With Disabilities Act, the Rehabilitation Act, and the Minnesota Human Rights Act in failing to provide American Sign Language interpreters for all of the services provided to the public in...

Emergency Response

Apache Corp. v. W&T Offshore, Inc.

ELR 20020
No. 09-31122 (5th Cir., November 2010)

The Fifth Circuit held that a "farmout agreement," under which the owner of a federal offshore oil and gas lease transferred its rights to drill to another drilling operator, does not require the operator to bear a proportionate share of the costs of decommissioning an oil platform at...

Energy (generally), Lease agreements, Mining

Jones v. United States

ELR 20024
No. 7:09-CV-106 (E.D.N.C., November 2010)

A district court held that North Carolina's general 10-year statute of repose does not bar a woman's lawsuit against the United States for injuries stemming from exposure to contaminated drinking water at a military base in North Carolina 20 years earlier. The North Carolina Legislature did not...

North Carolina, Contamination

Brunswick Corp. v. Sentry Insurance

ELR 20022
No. 2010AP365 (Wis. Ct. App. , November 2010)

A Wisconsin appellate court held that an insurer has no duty to indemnify a manufacturing company for costs it incurred cleaning up private landowners' property that was part of a larger environmental remediation effort required by the government. The parties previously stipulated that the...

Duty to indemnify, Indemnification, Wisconsin

Prime Tanning Co. v. Liberty Mutual Insurance Co.

ELR 20023
No. CV-09-359-B (D. Me., November 2010)

A district court held that an insurer has no duty to defend or indemnify a leather tanning company in underlying lawsuits brought by farmers who used sludge from the company's tanning activities as fertilizer. The sludge, which the company applied on the farms free of charge to avoid landfilling...

Hazardous Substances, Held inapplicable in, Maine

Aspen Insurance UK Ltd. v. Dune Energy, Inc.

ELR 20021
No. 10-30335 (5th Cir., November 2010)

The Fifth Circuit held that a pollution exclusion clause contained in an oil well operator's insurance policy bars coverage for cleanup costs of an oil leak on leased land. The operator argued that the exclusion did not apply because the operator leased only mineral rights and that the...

Mining, Pollution exclusion clause