Civil Procedure

The court holds that a district court abused its discretion during the Exxon Valdez oil spill litigation when it approved a plan of allocation that denied enforceability of a settlement agreement…

The court grants Rhode Island's motion to preliminarily enjoin proceedings before the U.S. Department of Labor (DOL) in which several state employees sought damages and other relief against…

The court affirms a district court order that dismissed a current property owner's contracts, implied covenant of good faith, and Comprehensive Environmental Response, Compensation, and…

The court holds that a sanitation company that successfully challenged a city's waste hauler ordinance under the dormant Commerce Clause should be awarded $29,720.20 in attorney fees and…

The court holds that a district court erroneously denied an environmental group's motion for a preliminary injunction to prevent the U.S. Forest Service from proceeding with certain timber…

The court holds that the standard for admissibility of novel scientific evidence set forth in Frye v. United States, 293 F. 1013 (D.C. Cir. 1923), and State v. Mack, 292 N.W.2d 764 (Minn. 1980),…

The court affirms a district court decision holding oil companies liable for $240,000 in damages for failing to adequately maintain spoil banks on canals operated by them, resulting in damage to a…

The court reverses a district court dismissal, for lack of subject matter jurisdiction, of battery manufacturers' Federal Tort Claims Act (FTCA) suit against the United States that sought…

The court holds that a trial court improperly excluded evidence central to a wool processing mill owner's case against the Finance Authority of Maine (FAME) under the Comprehensive…

The court denies motions to dismiss an engineering company's third-party Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation, and Liability Act (…