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Legal Articles: Morris Polich & Purdy LLP

 







Document(s) published by this organization: 53


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Adobe PDFPreparing for the Big One: Los Angeles’s New Seismic Retrofit Ordinance and Recommendations for Mitigating Risk
Eric M. Khodadian, Theodore D. Levin; Morris Polich & Purdy LLP;
Legal Alert/Article
June 9, 2016, previously published on May 19, 2016
A major earthquake in California is inevitable. Most Californians recall the 1994 Northridge earthquake that rocked Los Angeles with a 6.7 on the Richter scale. In that earthquake, some of the structures that suffered the greatest damage were wood-framed “soft story” buildings and...

 

Adobe PDFAbility of Insurance Carriers in California to Obtain Insureds' Income Tax Returns Despite the Income Tax Privilege
Douglas K. Wood; Morris Polich & Purdy LLP;
Legal Alert/Article
June 9, 2016, previously published on May 24, 2016
California Insurance Code Section 2071 acknowledges that tax returns are privileged but may be necessary for a carrier to process a claim.1 However, in practice, when an insured or their representative asserts the income tax privilege, often that is the end of the discussion. That need not be the...

 

Adobe PDFDoes a CGL Carrier Owe a Duty to Defend Claims Involving Cybersecurity Breaches?
Gary A. Hamblet; Morris Polich & Purdy LLP;
Legal Alert/Article
June 8, 2016, previously published on May 5, 2016
One of the hottest issues for general liability carriers is whether they owe a duty to defend insureds who have been sued as the result of a breach of cybersecurity. The quick, simplistic response is that a CGL policy provides no coverage for cybersecurity breaches because the claimant did not...

 

Adobe PDFCalifornia Supreme Court Holds That CEQA Analysis Is a One Way Street... Generally
Christopher G. Foster; Morris Polich & Purdy LLP;
Legal Alert/Article
February 29, 2016, previously published on February 11, 2016
The California Environmental Quality Act (CEQA) requires public agencies to conduct appropriate environmental review of discretionary projects they carry out or approve and to prepare an Environmental Impact Report (EIR) for any project that may have a significant effect on the environment. CEQA is...

 

Adobe PDFInsurer’s Liability For Breach of Contract Not Capped By Policy Limits
John S. Na; Morris Polich & Purdy LLP;
Legal Alert/Article
February 29, 2016, previously published on February 8, 2016
A federal district court in Nevada held that the measure of damages for breach of contract is not only the amount expected to be paid under the contract (i.e. the policy limit), but also, all consequential damages that are reasonably foreseeable from such breach, even if it exceeds policy limits.

 

Adobe PDFClean Water Act Jurisdiction Over Discharges to Navigable Waters Via Hydrologically Connected Groundwater
Sudhir Lay Burgaard; Morris Polich & Purdy LLP;
Legal Alert/Article
February 24, 2016, previously published on February 11, 2016
In early January 2016, Duke Energy filed a motion for certification of an interlocutory appeal on the issue of whether the Clean Water Act (CWA) regulates discharges from an ash pond hydrologically connected to navigable surface waters via groundwater. Yadkin Riverkeeper Inc. et al. v. Duke Energy...

 

Adobe PDFLayering Stormwater Discharge Permits and the Clean Water Act - Puget Soundkeeper Alliance v. Cruise Terminals of America Illustrates the Importance of Recognizing the Limits of a Facility’s Industrial Discharge Permits
Hubert T. Lee; Morris Polich & Purdy LLP;
Legal Alert/Article
February 24, 2016, previously published on February 11, 2016
On November 20, 2015, the U.S. District Court for the Western District of Washington’s decision in Puget Soundkeeper Alliance v. Cruise Terminals of America illustrates the often complex nature of stormwater discharge permitting, where facilities may need a multitude of stormwater discharge...

 

Adobe PDFLike a Lead Balloon
Steven L. Hoch; Morris Polich & Purdy LLP;
Legal Alert/Article
February 24, 2016, previously published on February 11, 2016
By now you have heard about Flint, Michigan, where by way of arrogance, incompetence, and almost rank stupidity, many children are showing signs of lead poisoning. There is plenty of blame to go around and it seems that every day someone trips over some new event, finding something pertinent to add...

 

Adobe PDFLouisiana District Court Lets One of the Deepwater Horizon Parties off Easy with a Penalty of $159,500,000
Summer L. Nastich; Morris Polich & Purdy LLP;
Legal Alert/Article
February 24, 2016, previously published on February 11, 2016
By now the Deepwater Horizon oil release and its devastating impact on the environment and the citizens of the Gulf of Mexico is seared in all of our brains. We watched with amazement the oil pouring from the well several thousand feet below the level of the sea. In the 84 days between the...

 

Adobe PDFOPA’s Expansive Definition of “Responsible Party”
Richard E. Stultz; Morris Polich & Purdy LLP;
Legal Alert/Article
February 23, 2016, previously published on February 11, 2016
The Oil Pollution Act (OPA) places the burden of cleanup on those responsible for oil spills. In a recent decision, the U.S. District Court for the Eastern District of Texas held that the OPA’s definition of “responsible party” does not, as a matter of law, exclude former owners...

 


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