The Ninth Circuit reversed a lower court decision dismissing parents' suit against the United States under the Federal Tort Claims Act (FTCA) for injuries their child allegedly suffered due…
A California appellate court held that an insurance company has no duty to defend or indemnify a cosmetics company in an underlying action alleging that it violated Proposition 65, the California…
A district court held that utilities who sold used transformers to a scrap metal company in the 1970s are not liable under CERCLA or the Connecticut Environmental Protection Act. After…
The court holds that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts an employee's state-law claims against her employer regarding the labeling of pesticides, but…
The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not preempt a California city's comprehensive municipal environmental response and…
The court holds that a city violated the Federal Water Pollution Control Act (FWPCA) by discharging sludge from its wastewater treatment facility without an operating permit. The court first holds…
The court holds that plaintiffs in a toxic tort case produced sufficient evidence to show that a piece of furniture emitted levels of gaseous formaldehyde known to cause the type of injuries…
The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) preempts a citizens group's private state-law nuisance action against a contractor…
The Court holds that abuse of discretion is the proper standard by which to review a district court's decision to admit or exclude scientific evidence. The Court first holds that the court of…