Myers v. United States
The Ninth Circuit reversed a lower court decision dismissing parents' suit against the United States under the Federal Tort Claims Act (FTCA) for injuries their child allegedly suffered due to exposure to thallium—a toxic heavy metal—from soil dumped into a landfill adjacent to the child's home ...
SPS Ltd. Partnership, LLLP v. Severstal Sparrows Point, LLC
A district court granted in part and denied in part motions to dismiss a shipyard owner's CERCLA, RCRA, and tort law claims against the current owner of a steel mill. The court denied motions to dismiss the shipyard's CERCLA claims for contribution and response costs. The complaint contains factual ...
Ulta Salon, Cosmetics & Fragrance, Inc. v. Travelers Property Casualty Co. of America
A California appellate court held that an insurance company has no duty to defend or indemnify a cosmetics company in an underlying action alleging that it violated Proposition 65, the California Safe Drinking Water and Toxic Enforcement Act. The Proposition 65 claim being asserted against the compa...