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Massachusetts

Lewis v. General Elec. Co.

The court refuses to dismiss a property owner's nuisance claims against a company that contaminated land near the owner's home with polychlorinated biphenyls (PCBs). The court, however, dismisses the property owner's remaining claims....

American Auto. Mfrs. Ass'n v. Commissioner

The court holds that the Massachusetts Department of Environmental Protection's (DEP's) zero emission vehicle (ZEV) regulations for automobile manufacturers are not identical to California standards as required by Clean Air Act (CAA) §...

Acushnet Co. v. Coaters, Inc.

The court holds that a nonsettling potentially responsible party (PRP) must pay a portion of past and future remediation costs incurred by settling PRPs at the Sullivan's Ledge site in New Bedford, Massachusetts. Relying on the jury's...

Dryden Oil Co. of New England v. Travelers Indem. Co.

The court holds that under Massachusetts law the insurers of an oil manufacturing company have no duty to defend and indemnify the company under their property damage and personal injury policies against a suit by the company's former...

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...

United States v. DiBiase

The court affirms a district court approval of a consent decree that requires a sewage authority to pay 85 percent of the removal costs the U.S. Environmental Protection Agency (EPA) incurred at a site where the authority had deposited...

Lumbermens Mut. Casualty Co. v. Belleville Indus.

The court holds that the "sudden and accidental" exception to the pollution exclusion clause in a comprehensive general liability insurance policy does not require an insurer to provide coverage of an insured manufacturing company's...