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Legal Articles: Morris Polich & Purdy LLP

 







Document(s) published by this organization: 59


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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 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 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 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 PDFEfficient Proximate Cause Doctrine Applies to Additional Coverage for Collapse
Robin Singer; Morris Polich & Purdy LLP;
Legal Alert/Article
February 23, 2016, previously published on February 8, 2016
A California court of appeal held that the Efficient Proximate Cause Doctrine applied to the additional coverage of collapse and that the insurer could not “draft around” it. In addition, the court found that the burden was on the insurer to show the loss was not covered despite the...

 

Adobe PDFInsurer that Did Not Accept Defense and Retain Counsel By Date Response to Complaint Against Insured was Due Lost Control of the Defense
Mark E. Hellenkamp; Morris Polich & Purdy LLP;
Legal Alert/Article
February 23, 2016, previously published on February 8, 2016
A federal district court held that an insurer that did not pick up the insured’s defense by the time the response to the complaint was due lost the right to control the defense, even though it reimbursed the insured the costs of defense the insured had incurred.

 

Adobe PDFSummary Judgment for a CERCLA Contribution Defendant - is it Appropriate Action when Their Share of Liability is 0%?
Summer L. Nastich; Morris Polich & Purdy LLP;
Legal Alert/Article
February 23, 2016, previously published on February 11, 2016
Although Blue Tee Corp. v. XTRA Intermodal, Inc. (S.D. Ill. 2015) WL 8007429 isn’t all that interesting by itself, it raises an interesting and unresolved issue in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) law. Specifically, is summary judgment...

 

Adobe PDFEarth Movement Exclusion Bars Coverage; Insurer Entitled to Reimbursement for Defense Under Reservation of Rights
Kevin M. Pollack; Morris Polich & Purdy LLP;
Legal Alert/Article
February 23, 2016, previously published on February 8, 2016
A Nevada federal district court held that an earth movement exclusion in a general liability policy precluded coverage for any and all loss resulting, even in part, from earth movement, and entitled the insurer to obtain reimbursement after defending under reservation of rights.

 


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