In what may be part of a wave of litigation blaming increased seismicity on oil and gas development activities, 12 residents of Oklahoma City and its suburbs filed suit against oil and gas drillers and operators of wastewater...more
An Ohio federal jury in October handed out the first verdict in multi-district litigation (“MDL”) against E.I. DuPont de Nemours and Co. related to ammonium perfluorooctanoate, or C-8, in drinking water around DuPont’s...more
In a ruling that further delineates the threshold for maintaining private nuisance and trespass claims in New Jersey, the state’s highest court held that defendant landowners were not liable for contamination to neighboring...more
Potentially opening the door for litigation that seeks to tie deep-well injection of hydraulic fracturing flowback and other wastewater to damage caused by earthquakes, the Oklahoma Supreme Court unanimously held that state...more
8/6/2015
/ Causation ,
Corporations Commission ,
Dismissals ,
Earthquakes ,
Exclusive Jurisdiction ,
Fracking ,
Jurisdiction ,
Negligence ,
Oil & Gas ,
OK Supreme Court ,
Proximate Cause ,
Reversal ,
State Law Tort Claims ,
Underground Injection Wells ,
Wastewater
In a ruling that could broaden parent company exposure to suit in West Virginia, the Southern District of West Virginia found that it had personal jurisdiction over the out-of-state parent company of an in-state water company...more
Creating a Circuit split, the Ninth Circuit held that a tort case against a Washington corporation did not fall under the so-called “local event” exception to the Class Action Fairness Act (“CAFA”) and, therefore, had been...more
8/5/2015
/ CAFA ,
Chemicals ,
Contamination ,
Environmental Liability ,
Hazardous Substances ,
Local Event Exception ,
Manufacturers ,
Negligence ,
Remediation ,
Removal ,
Split of Authority
PREEMPTION -
Supreme Court Says CERCLA Does Not Preempt Repose Defense for Tort Claims -
The U.S. Supreme Court has put to rest a longstanding legal question affecting the deadline for plaintiffs to bring toxic tort...more