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Federal v State Law Application Common Law Claims

DarrowEverett LLP

Trademark Rights Explained: Common Law vs. Federal Registration

DarrowEverett LLP on

Whether a business is launching a new product or rebranding an existing company, selecting a name, logo, or slogan is a crucial decision. Trademarks are powerful tools that identify the source of goods or services and protect...more

Lathrop GPM

Supreme Court Issues Important Superfund Ruling

Lathrop GPM on

On April 20, 2020 the United States Supreme Court handed down an important decision on the reaches of settlements involving the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or “Superfund”)....more

Nutter McClennen & Fish LLP

Supreme Court Confirms State Court Jurisdiction Over Property Damage Claims, but Limits Restoration Remedies for Superfund Sites

On April 20, 2020, in Atlantic Richfield Company v. Christian (ARCO v. Christian or ARCO), the U.S. Supreme Court held that federal Superfund law does not preclude individuals from filing state claims for further cleanup of...more

Lowenstein Sandler LLP

U.S. Supreme Court Allows Landowners’ State-Law Challenge to Ongoing CERCLA Remediation

Lowenstein Sandler LLP on

On April 20, the United States Supreme Court decided in Atlantic Richfield Co. v. Christian et al.1 that landowners can sue under state common law for restoration of their properties located within the boundaries of a...more

McGlinchey Stafford

Supreme Court hears arguments in CERCLA case that could have widespread ramifications

McGlinchey Stafford on

On December 3, 2019, the U.S. Supreme Court heard oral arguments in a CERCLA case that could have ramifications for industry around the country. The case, Atlantic Richfield Co. v. Christian (the Christian case), involves...more

(ACOEL) | American College of Environmental...

When Does “Responsible” Mean Never Having To Say You’re Sorry To CERCLA?

Given the billions of dollars that have been spent at federal Superfund sites, and the billions still to come, it is fascinating how relatively little attention has been devoted to the case of Atlantic Richfield Company...more

McManis Faulkner

Evidentiary Privileges in California And Federal Courts: A Brief Comparison [Part 4 of 5]

McManis Faulkner on

Attorneys who appear in both state and federal courts must be familiar with the differences between the two systems. While some rules have harmonized over time,[1] other procedures are entirely distinct. As a matter of...more

McManis Faulkner

The Jury System: A Brief Comparison Between Federal and California Practices [Part 2 of 5]

McManis Faulkner on

Attorneys who appear in both state and federal courts must be familiar with the differences between the two systems. While some rules have harmonized over time,[1] other procedures are entirely distinct. As a matter of...more

McAfee & Taft

Weeded out?

McAfee & Taft on

Recently, Oklahoma joined the ranks of the 30 states that have legalized medical marijuana, but the state still has work to do on just how to implement its new law. As usual, the devil is in the details. Even though Oklahoma...more

Farella Braun + Martel LLP

Mediated Agreements and Magic Words: Admissibility of Mediated Settlements of California State Law Claims in Federal Court

Does federal common law govern admissibility in federal court of a written agreement reached during mediation that resolves both California and federal law claims, even when only state law claims remain pending at the time of...more

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