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Delaware

Sierra Club v. Delaware Dep't of Natural Resources & Envtl. Control

The court upheld the dismissal of an environmental group's lawsuit against a state agency and its officials seeking to enjoin the agency from conducting dredging operations in a canal until it complies with an earlier order by the state...

Wien v. State

The court upholds an individual's conviction for violating the Delaware Wetlands Act when he built an erosion barrier on wetlands on his waterfront property without a permit. The statute is not overly broad because it does not...

E. I. DuPont de Nemours & Co. v. Florida Evergreen Foliage

The court holds that under Delaware law, a tort claimant that was fraudulently induced to release another from liability may rescind the release or may file a separate suit for fraud. A Florida nursery entered a settlement agreement...

Fuku-Bonsai, Inc. v. E.I. du Pont de Nemours & Co.

The court holds that a settlement agreement resolving product liability claims between a Hawaii ornamental plant company and a Delaware chemical company does not bar the plant company's subsequent claim that the chemical company...

Matsuura v. Alston & Bird

Applying Delaware law, the court holds that a settlement agreement resolving product liability claims between nursery workers and a chemical company does not bar the workers' subsequent claim that the company fraudulently induced...

DRR, L.L.C. v. Sears, Roebuck & Co.

The court holds that a former owner of petroleum-contaminated property is not liable to the current owner on state-law claims of fraud and strict liability for the alleged expense of removing leaking underground storage tanks from the...

Harleysville Mut. Ins. Co. v. Sussex County

The court holds that under Delaware law, pollution exclusion clauses in comprehensive general liability insurance policies that two insurance companies issued for a county landfill bar coverage for liability arising from contamination...

Harleysville Mut. Ins. Co. v. Sussex County

The court holds that two insurance companies have no duty to defend or indemnify a Delaware county for future costs resulting from the U.S. Environmental Protection Agency's (EPA's) administrative proceedings under the Comprehensive...

New Castle County v. Hartford Accident & Indem. Co.

The court holds in a case of first impression under Delaware law that the term "contaminants" in a comprehensive general liability policy pollution exclusion clause is unambiguous and carries no implied scienter element. The court holds...

New Castle County v. Hartford Accident & Indem. Co.

The court holds that a pollution exclusion clause in a comprehensive general liability insurance policy does not bar an insured county's right to indemnification of amounts that it must pay in lawsuits resulting from pollution from a...