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Chevron USA, Inc. v. Cayetano

The court vacates a district court decision granting summary judgment in favor of an oil company claiming that a Hawaii statute proscribing the maximum rent that oil companies can collect from dealers who lease company-owned service stations is an unconstitutional regulatory taking. The court first ...

Morrow Corp. v. Harleysville Mut. Ins. Co.

The court holds that under Virginia law, an insurer has a duty to defend operators of a dry cleaning business from a suit seeking to hold the operators liable for soil and groundwater contamination. The insurer issued a comprehensive general liability policy to the operators for the period of 1991 t...

Atlantic Richfield Co. v. Farm Credit Bank of Wichita

The court affirms in part and reverses in part various rulings made by a district court resolving the claims and counterclaims of a lessee and three lessors of several oil and gas leases in Huerfano County, Colorado. The lessors' general claim was that the lessee breached the lease agreements by und...

South Dakota State Cement Plant Comm'n v. Wausau Underwriters Ins. Co.

The court holds that an insurer had no duty to defend a cement manufacturer in a suit brought by property owners and individuals alleging damages caused by the manufacturer's emissions. The manufacturer's insurance policy includes an absolute pollution exclusion clause that provides that the policy ...

Kittay v. Giuliani

The court dismisses a property owner's complaint alleging that a New York City watershed memorandum of agreement (MOA) and its regulations violated the U.S. Constitution, the state constitution, and state statutory and common law. The court first holds that the owner's claims that the MOA and its re...

U & I Sanitation v. Columbus, City of

The court holds that a sanitation company that successfully challenged a city's waste hauler ordinance under the dormant Commerce Clause should be awarded $29,720.20 in attorney fees and expenses. The company sought $42,285.75 in attorney fees and $2,091.41 in expenses. Although the company argued t...

Bielicki v. Terminix Int'l Co.

The court upholds a jury verdict awarding punitive damages to three individuals who suffered injuries after the employee of a pest control company sprayed toxic pesticides in the individuals' workplace while they were working. Under New Mexico law, punitive damages may be imposed on an employer for ...

Montgomery v. Carter County, Tenn.

The court reverses a district court dismissal of a property owner's takings claim against a county as unripe. The owner alleged that the county impermissibly listed her driveway as a county road and would not delist it because a neighbor used it to access a road and get mail. The district court held...

Sanpete Water Conservancy Dist. v. Carbon Water Conservancy Dist.

The court affirms a district court decision that a river water users association neither breached a "no protest" clause in a contract with a second river water users association nor breached the implied covenant of good faith and fair dealing when it entered the contract. The contract resolved a dec...