Civil Procedure

On remand from the U.S. Supreme Court, the court holds inadmissible under Fed. R. Evid. 702 expert testimony offered to prove that plaintiffs' mothers' ingestion of the drug Bendectin…

The court holds that the owner of a manufacturing facility is not liable for negligent trespass or nuisance in connection with contamination of neighboring landowners' groundwater with…

The court denies environmental groups' and local residents' request for a preliminary injunction that would postpone the civilian reuse of Lowry Air Force Base near Denver, Colorado,…

The court holds that the owner of a contaminated site may assert a "self-critical analysis" privilege and withhold certain documents pertaining to the contamination from discovery in…

The court preliminarily enjoins the U.S. Department of Energy (DOE) from importing 409 spent nuclear fuel assemblies for storage at the Savannah River site in South Carolina until the court…

The court affirms a district court injunction against the U.S. Fish and Wildlife Service's use of a scientific report prepared in violation of the Federal Advisory Committee Act (FACA) that…

The court holds that environmental audit memoranda prepared by company personnel to assist the company's attorneys in evaluating its compliance with environmental laws and regulations are…

The court holds, without opinion, that members of a utility industry group may intervene as of right under Federal Rule of Civil Procedure 24(a) in a suit to compel the U.S. Environmental…

The court holds that under Wisconsin law, an insurer has a duty to defend its insured under the "wrongful entry" clause of a commercial policy against negligent trespass claims for…

The court holds that a nuclear facility employee's state suit for damages based on personal injury allegedly caused by exposure to unsafe dosages of radiation was constitutionally removed to…