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Ryan, Klimek, Ryan Partnership v. Royal Ins. Co. of Am.

The court holds that under New York law, the New York Department of Environmental Conservation's (NYDEC's) letters to an insured company discussing cleanup of groundwater contamination at a hazardous waste site do not rise to the level of a suit that would trigger the insurer's duty to defend. A met...

Ryan v. Royal Ins. Co. of Am.

The court holds that correspondence from the New York Department of Environmental Conservation (NYDEC) to an insured owner of a contaminated site was not the functional equivalent of a "suit" sufficient to trigger the insurer's duty to defend under the terms of a comprehensive general liability (CGL...

People v. Pymm

The court holds that the Occupational Safety and Health Act (OSH Act) does not expressly or implicitly preempt the enforcement of New York penal law against employers for conduct arising out of the failure to maintain a safe work environment. Corporate officers of a thermometer manufacturing company...

Ambrogi v. Gould, Inc.

The court dismisses claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) by area residents against the owners and operators of a battery processing plant, Plaintiffs allege that they have been exposed to high levels of lead that migrated from the facility a...

People v. Chicago Magnet Wire Corp.

The court holds that the Occupational Safety and Health Act (OSH Act) does not preempt state criminal prosecution of conduct related to an employer's failure to maintain a safe work environment. Corporate officers of a wire manufacturing company were indicted for aggravated battery, reckless conduct...

General Elec. Co. v. Litton Indus. Automation Sys.

The court rules that §107(a)(4)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) authorizes private parties to recover attorney fees and expenses from a responsible party in an action for response costs. The owner of a contaiminated typewriter plant site sued...

Medeiros v. Hawaii County Planning Comm'n

The court holds that the procedures followed by a county planning commission in issuing an exploration permit for geothermal resource development do not violate the Hawaii Constitution, the Due Process Clause of the U.S. Constitution, or local rules, and the commission's findings are supported by th...

Hudson River Fishermen's Ass'n v. New York, City of

The court holds that New York City violated §301 of the Federal Water Pollution Control Act (FWPCA) by discharging chlorine and alum floc without a national pollutant discharge elimination system (NPDES) permit into a branch reservoir of one of the city's main water supply systems. The city used th...

Jones-Hamilton Co. v. Kop-Coat, Inc.

The court holds that an indemnity clause in a 1970 agreement between the supplier of raw materials and the manufacturer of wood preservatives bars the manufacturer's action against the supplier for contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)....

Aliff v. Joy Mfg. Co.

The court holds that a claim under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) by the purchaser of a facility contaminated with polychlorinated biphenyls (PCBs) against the seller is barred by res judicata. In 1987, the purchaser obtained a jury verdict for $25...