The court holds that three doctors' testimony that exposure to radiation from thorium tailings caused plaintiff to contract polycythemia vera (PV) is not admissible under Fed. R. Civ. P. 702. Applying Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 529, 23 ELR 20979 (1993), the court concludes that...

The court holds that when the state of New Jersey acts in its sovereign capacity to invoke the jurisdiction of a federal court to assert state-law claims against a waste hauler and its customers, it waives its Eleventh Amendment immunity with respect to contribution claims by third-party plaintiffs ...

The court holds ripe for adjudication an oil company's action for a declaratory judgment that the estate of its predecessor's deceased owner is liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to the extent of the oil company's liability, for a hazardou...

The court holds that a county's imposition of conditions on commercial developers' master plan for three parcels of property did not violate the developers' rights to substantive due process and equal protection under the Fourteenth Amendment to the U.S. Constitution. The court first holds that the ...

The court holds that the Price-Anderson Amendments Act of 1988's choice-of-law provision mandates the retroactive application of Pennsylvania's two-year statute of limitations to bar the claims of 42 plaintiffs filed in Mississippi State and federal court for injuries allegedly caused by the Three M...

The court holds time barred a trespass action that an estate's representative brought against several companies for nonremoval of chemicals that they allegedly dumped on the decedent's land. The court first holds that the district court did not err in denying plaintiff's motion to remand the case to...

The court holds that under Massachusetts law the insurers of an oil manufacturing company have no duty to defend and indemnify the company under their property damage and personal injury policies against a suit by the company's former landlord to recover damages for oil and hazardous material contam...

The court refuses to issue a writ of mandamus overturning a district court refusal to order the U.S. Environmental Protection Agency (EPA) not to initiate enforcement action against hazardous waste generators for shipping material to petitioner hazardous waste treatment company, which lacks a Resour...

The court holds that environmental groups lack standing to challenge the U.S. Treasury Department's failure to prepare an environmental impact statement for its authorization of an alternative fuel additive tax credit. The groups claimed that the tax credit would encourage production of an ethanol-d...

The court holds that a county's rezoning of a landowner's beachfront property from residential to private airport use and leasing of the property to an airport tenant was not an unconstitutional taking or a violation of the landowner's substantive due process rights. The court first holds that the c...