The court holds that New York law shall apply to interpret the pollution exclusion and late notice provisions in a lead manufacturer's insurance policies. If, however, New York law differs from that of the state where the waste site is located, then the law of the waste site will apply. The lead man...

The court holds that a chemical manufacturer had no duty to warn the U.S. Air Force or its employees of the potential hazards of chemicals used to clean aircraft engines. The court first holds that the manufacturer properly removed the case to federal court. Personal injury actions that arise from i...

The court affirms a district court decision holding that an insurer has no duty to indemnify a manufacturer for costs incurred in response to claims alleging trichloroethylene (TCE) contamination due to leaking equipment. The court first holds that it was not clearly erroneous for the district court...

The court holds that an insurance company has no duty to defend or indemnify a property owner in a suit alleging gasoline contamination of an adjacent property. The court first holds that the insurance company was liable only for claims made during the policy period. The claims filed by the property...

The court holds that a district court erroneously dismissed foreign plaintiffs' environmental and personal injury claims against a U.S. oil company on the grounds of forum non conveniens, comity, and failure to join an indispensable party. The claims alleged that members of the indigenous tribes suf...

The court holds unconstitutional a state statute that provides immunity from nuisance suits to farms in designated agricultural areas. A county's approval of an application for an agricultural area gave the applicants immunity from nuisance suits. Neighbors of the applicants contend that the approva...

The court denies a motion to certify for immediate appeal its previous order holding that abstention was unwarranted in a college's Comprehensive Environmental Response, Compensation, and Liability Act and Resource Conservation and Recovery Act suit against a town. The court first holds that the tow...

The court holds that two insurance companies breached their duty to defend a chemical distributor in a class action alleging personal injuries caused by toxic fumes from a warehouse fire. The court first holds that a pollution exclusion endorsement added to the distributor's policy with its primary ...

The court holds that a Native American tribe does not have usufructuary rights or aboriginal rights to hunt and fish on certain offreservation lands in Wisconsin. In 1831, the tribe ceded southeastern and western portions of their land to the United States, but reserved the right to use the eastern ...

The court holds constitutional a local zoning ordinance prohibiting land removal businesses from expanding in surface area their existing excavated area by more than 25 percent unless they obtain a special use permit. The court first holds that it will analyze the case under the doctrine of substant...