News & Analysis as of

Appellate Courts Hazardous Substances

Vinson & Elkins LLP

Appeals Court Invalidates Key Parts of PHMSA’s 2022 Rulemaking on Natural Gas Safety

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In a unanimous opinion, a panel of judges from the United States Court of Appeals for the District of Columbia Circuit (the “D.C. Circuit”) vacated four key aspects from a 2022 rulemaking by the Pipeline and Hazardous...more

MG+M The Law Firm

EPA's PFAS Rule Challenged in DC Circuit

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The Environmental Protection Agency’s (EPA) recent rule designating two per- and polyfluoroalkyl substances (PFAS) chemicals, PFOA and PFOS, as hazardous substances has already been met with resistance, as several groups...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Sulfuric Acid Release/Hazardous Materials Transportation Act: Ohio Appellate Court Addresses Whether Certain State Law Claims Are...

The Court of Appeals of Ohio (“Appellate Court”) addressed in a February 5th Opinion issues arising out of a judicial action for damages due to the release of sulfuric acid causing an injury. See Einbecker v. Gates...more

Roetzel & Andress

Ohio Appellate Court Holds Hazardous Material Transportation Act Does Not Preempt Ohio Products Liability Act

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On February 5, 2024, an Ohio appellate court issued a decision that will permit plaintiffs in products liability actions to bring state law claims for injuries caused by defective products used in the transfer and storage of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Well Water/Sale of Residence: Ohio Appellate Court Addresses Failure to Disclose/Fraud Issue

The Court of Appeals of Ohio (“Court”) addressed in a June 12th Opinion an issue involving an alleged fraudulent misrepresentation made by the seller of a home involving contamination of its well water. See Enger v. Black,...more

Harris Beach PLLC

California Appellate Court Provides Relief to Defendants by Reining in Misapplication of Punitive Damages

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Mass tort defendants frequently defend lawsuits in venues like Los Angeles County, California, which are favored by plaintiff firms due to their plaintiff-favorable law and propensity for large verdicts. In a recent decision...more

Rivkin Radler LLP

Insurance Update - May 18 2022

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You’ll find some notable decisions in our May Insurance Update. Appeals over pandemic-related business interruption losses have made their way up to state high courts. And so far, these courts have continued the trend...more

Bracewell LLP

10th Circuit expands PSM coverage

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The Tenth Circuit Court of Appeals (covering Oklahoma, Kansas, New Mexico, Colorado, Wyoming, and Utah) issued an opinion on Tuesday (10/27/2020) that expands the applicability of OSHA’s process-safety-management standard to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Lead Contamination/Duty to Warn: Indiana Court of Appeals Addresses Claims Related to State Agencies

The Court of Appeals of Indiana (“Court”) addressed in a June 10th Opinion issues relating to lead contaminated soil in a residential area. See State v. Alvarez by next friend Alvarez, 2020 WL 3068449 (Ind. Ct. App. June 10,...more

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