Ninth Circuit Holds That Dry Cleaning Equipment Manufacturer Is Not Liable as...
In Team Enterprises, LLC v. Western Investment Real Estate Trust, No. 10-16916, 2011 U.S. App. LEXIS 15383 (9th Cir., Cal. July 26, 2011), the Ninth Circuit held that the manufacturer of a machine used...
View ArticleOregon District Court holds that NEPA requires further analysis of cumulative...
In League of Wilderness Defenders/Blue Mountains Biodiversity Project v. United States Forest Service, No. 3:10-CV-01397-SI (D. Ore. Jun. 29, 2012)[link to PDF available here], the District Court for...
View ArticleSupreme Court denies petition by Solutia, Inc. to address whether a party to...
On October 9, 2012, the U.S. Supreme Court denied the petition of Solutia, Inc. and Pharmacia Corporation to review a March 6, 2012 ruling by the Eleventh Circuit which affirmed a grant of summary...
View ArticleCalifornia Passes AB 1442, which Defines “Pharmaceutical Waste” and...
A pharmaceutical waste hauling bill, AB 1442 (Wieckowski), was chaptered into law on September 29, 2012 and went into effect on January 1, 2013. AB 1442 amends California’s Medical Waste Management...
View ArticleFourth Circuit Holds Zero-Share Apportionment Unavailable to Current Owner or...
By Michael Einhorn and Tiffany Hedgpeth In PCS Nitrogen Inc. v. Ashley II of Charleston, the Fourth Circuit (“Court”) affirmed the U.S. District Court for the District of South Carolina’s rulings...
View ArticleNinth Circuit Court Holds that Clean Water Act does not Bar Citizen Suit...
By Michael Einhorn and Nancy Wilms In California Sportfishing Protection Alliance v. Chico Scrap Metal, Inc., Case No. 11-16959 (9th Cir. July 22, 2013), plaintiff California Sportfishing Protection...
View ArticleCalifornia Governor Signs Bill To Limit Certain Prop. 65 Lawsuits
By Michael Einhorn and Nancy Wilms Governor Jerry Brown recently signed into law Assembly Bill 227 (Gatto) to provide a two-week grace period to address certain alleged violations of failure-to-warn...
View ArticleDistrict Court Holds that Prior CERCLA § 107(a) Cost Recovery Action Against...
The District Court for the Central District of California recently held in an unpublished opinion that a party cannot bring a CERCLA § 107(a) cost recovery action for response costs which relate to a...
View ArticleNinth Circuit Holds District Courts Must Engage In An Independent Substantive...
Nancy Wilms, Esq. and Michael Einhorn, Esq. In State of Arizona v. Raytheon Co.. et al., Case No. 12-15691, 2014 U.S. App. LEXIS 14993 (9th Cir. Aug. 1, 2014), the Ninth Circuit reaffirmed the...
View ArticleNinth Circuit Holds That Expert Opinion Regarding Source Of Perchlorate...
August 12, 2014 By Michael Einhorn The Ninth Circuit issued an opinion on May 2, 2014 reversing the district court for the Central District of California regarding the admissibility of the opinion...
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