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Summary judgment, FRCP 56

Ed Niemi Oil Co. v. Exxon Mobil Corp.

A district court held that genuine issues of material fact preclude a grant of summary judgment in a petroleum distributor's contribution claim against an oil company for costs incurred cleaning up hazardous substance contamination at a...

Sahu v. Union Carbide Corp.

The Second Circuit vacated and remanded a lower court decision granting summary judgment in favor of a company for water pollution allegedly caused by a former subsidiary's operation of a factory in Bhopal, India. The district court,...

OSI, Inc. v. United States

The court affirms a district court dismissal of a manufacturer's state-law claims against the United States alleging contamination of its property by U.S. Air Force landfills, but reverses the district court's dismissal of the...

Interfaith Community Org. v. Honeywell Int'l, Inc.

The court holds that an association of churches has standing to bring a Resource Conservation and Recovery Act (RCRA) citizen suit against the owner of a site contaminated with chromium, but that issues of imminent and substantial...

Portland, City of v. Boeing Co.

The court upholds a U.S. Environmental Protection Agency Environmental Appeals Board decision finding a dental supplies distribution company liable under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for distributing...

Martinez v. American Oil & Supply Co.

The court holds that a magistrate judge properly granted summary judgment to a cleaning solvent manufacturer whose product allegedly caused an apparatus cleaner to suffer from chest pain, burning in his lungs, and shortness of breath....

Ybarra v. Amoco Prod. Co.

The court holds that a district court erred in granting summary judgment to a carbon dioxide recovery plant that allegedly failed to warn two independent contractors testing the plant's heat exchange system of the danger of exposure to...

United States v. Domestic Indus., Inc.

The court holds that a company that allegedly sold the United States a lesser grade oil than required under contract specifications and then charged it for the higher grade oil is liable under the Resource Conservation and Recovery Act...

American Nat'l Bank & Trust Co. v. Harcros Chems., Inc.

The court holds that material questions of fact preclude finding a timber company immune from Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) liability for the past and future cleanup costs of a chemical...

Lhotka v. United States

The court holds that landowners presented a prima facie case of trespass and nuisance against the U.S. Fish and Wildlife Service (FWS) for exceeding the scope of a wetlands easement over their property when the FWS constructed a series...