Civil Procedure

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 (…

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…

The court holds that intervenors may not be granted a writ of mandamus directing a trial court to allow them to appear at a fairness hearing and object to a proposed class action settlement…

The court reverses and remands a district court decision finding a railroad company liable for an employee's injuries because the district court improperly admitted expert testimony. The…

The court grants a Superfund site administrative group's motion to compel two alleged potentially responsible parties (PRPs) to serve responses to the group's Federal Rule of Civil…

The court grants a panel for rehearing to clarify factual statements from its May 2, 2000, opinion in which it upheld a district court decision finding a previous owner of an oil refinery liable…

The court holds that a railroad's motion to dismiss a power company's Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost recovery action against it for…

The court affirms a district court decision holding the former owner of an abandoned refinery responsible under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)…

The court upholds a district court decision to preliminarily enjoin Nebraska from continuing with an administrative proceeding related to the denial of a license for a disposal facility for low-…

The court holds that a trial court improperly certified as a class residents of a community that alleged that several manufacturers contaminated a portion of their city's groundwater. The…