In an opinion highlighting some of the barriers to class certification in an environmental contamination case, a Kentucky federal court denied class status to plaintiffs alleging damages from exposure to hazardous substances...more
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
Underscoring the importance of the distinction between a product and its component parts, a federal court in Louisiana refused to allow expert testimony that exposure to gasoline caused acute myeloid leukemia (“AML”) in a...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