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Discovery

New York v. Gleave

The court denies a Comprehensive Environmental Response, Compensation, and Liability Act defendant's request to strike third-party defendant's pleadings or to enter judgment against them for failing to comply with previous court orders...

California v. Campbell

The court holds that the trustees of a manufacturer's estate are liable for the trichloroethylene (TCE) contamination under state nuisance and environmental laws. A district court issued interlocutory orders finding the trustees liable...

In re Grand Jury 95-1

The court holds that a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) defendant is not entitled to access to materials from an earlier grand jury proceeding conducted by the judge presiding over the...

In re E.I. DuPont de Nemours & Co.-Benlate Litig.

The court reverses and remands a district court contempt order imposing over $114 million in sanctions against a chemical manufacturing company for violating the court's discovery orders. The district court found that the company...

Cook v. Rockwell Int'l Corp.

A district court denies property owners' motions to sanction the U.S. Department of Energy (DOE) for violating discovery orders in the owners' toxic-tort suit against DOE contractors that operate the Rocky Flats nuclear weapons...

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...

Reichhold Chems., Inc. v. Textron, Inc.

The court holds that the owner of a contaminated site may assert a "self-critical analysis" privilege and withhold certain documents pertaining to the contamination from discovery in private litigation. The court first finds that the...

White's Landing Fisheries, Inc. v. Buchholzer

The court reverses a district court decision dismissing commercial fishermen's claims that state regulatory amendments shortening the commercial fishing season for yellow perch and limiting the areas in which certain fishing equipment...

Olen Properties Corp. v. Sheldahl, Inc.

The court holds that environmental audit memoranda prepared by company personnel to assist the company's attorneys in evaluating its compliance with environmental laws and regulations are protected by the attorney-client privilege. The...

Chaveriat v. Williams Pipe Line Co.

The Seventh Circuit upholds a district court's grant of summary judgment to the defendant prior owner of a petroleum carrying pipeline on plaintiffs landowners' claim for nuisance damages from a 1944 leak of unleaded gasoline. In 1986,...