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Boughton v. Cotter Corp.

The court holds that plaintiffs in a toxic tort case were not entitled at trial to be certified as a class for medical monitoring, to depose an attorney for the defendant uranium mill, or to present evidence of their fear of contracting disease, and that the trial court properly refused to pierce th...

HM Holdings, Inc. v. Rankin

The court holds that the presence of hazardous waste on industrial property that a company sold to an individual does not breach any express or implied warranties. The court first finds that the purchase and sale agreement contains no express warranties as to the condition of the property, and a rid...

Atlantic Coast Demolition & Recycling, Inc. v. Board of Chosen Freeholders

The court holds that New Jersey solid waste flow-control regulations probably violate the Commerce Clause of the U.S. Constitution, but grants only a conditional preliminary injunction to prevent enforcement of the regulations for construction and demolition debris. The court first addresses the cla...

Ausable Manistee Action Council, Inc. v. Stump

The court holds that the U.S. Army, the Michigan Department of Military Affairs, and the National Guard Bureau (agencies), did not violate the National Environmental Policy Act (NEPA) in deciding to construct a tank firing range at a National Guard training facility, and not to issue a supplemental ...

Employers Ins. of Wausau v. United States

The court holds that the discretionary function exception to the Federal Tort Claims Act (FTCA) bars an insurer's claim that U.S. Environmental Protection Agency (EPA) officials acted tortiously in ordering the insurer to clean up a site under the Comprehensive Environmental Response, Compensation, ...

Damon v. Sun Co.

The court affirms a district court decision that an oil company is liable for commonlaw misrepresentation and engaging in unfair or deceptive trade practices in violation of Massachusetts General Laws chapter 93A, §11, in connection with its sale of a gasoline station. Although the company's region...

Gary D. Peake Excavating Inc. v. Town Bd. of Hancock

The court holds that under New York law, an unconstitutional section in a local waste flow-control ordinance is severable from the constitutionally valid remaining provisions of the ordinance. The court first holds that plaintiffs' claims are ripe for adjudication. Plaintiffs do not have to obtain a...

Conoco, Inc. v. ONEOK, Inc.

The court holds that a natural gas company must indemnify the owner of a ruptured pipeline for 50 percent of the costs it incurred cleaning up surrounding soil and groundwater and paying third-party damages to nearby property owners. Two years after the owner of the ruptured pipeline installed it, t...

Chemical Weapons Working Group, Inc. v. Department of the Army

The court refuses to preliminarily enjoin the U.S. Department of the Army from beginning incineration tests of chemical warfare agents at its disposal facility in Tooele, Utah. The court first holds that the asserted risks of harm due to dioxin exposure and accidental agent releases are too speculat...

Chemical Leaman Tank Lines, Inc. v. Aetna Cas. & Sur. Co.

Present BECKER, STAPLETON, MANSMANN, SCIRICA, COWEN, NYGAARD, ALITO, ROTH, LEWIS, McKEE and SAROKIN, Circuit Judges.
The court holds that under New Jersey law, a chemical transporter is entitled to indemnification from its excess liability insurers for costs it incurred in accordance with a Compreh...