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Adobe PDFNinth Circuit Dismisses Privacy Action Against Zynga and Facebook
Morris Polich Purdy LLP;
Legal Alert/Article
July 17, 2014, previously published on July 8, 2014
On May 8, 2014, the Ninth Circuit Court of Appeals dealt a blow to plaintiffs alleging privacy violations by Facebook and Zynga Game Network (a social gaming company). In In re: Zynga Privacy Litigation, 750 F.3d 1098 (9th Cir. 2014), the court upheld the dismissal of a purported class action in...

 

Adobe PDFOffice of Civil Rights Ready to Launch HIPAA Audits
Morris Polich Purdy LLP;
Legal Alert/Article
July 17, 2014, previously published on July 8, 2014
The Office of Civil Rights (OCR) of the United States Department of Health and Human Services (HHS) has completed its pilot program and is this year rolling out audits to assess compliance with the Health Information Portability & Privacy Act (HIPAA). All Covered Entities and Business...

 

Adobe PDFU.S. Supreme Court Upholds EPA’s Interstate Air Pollution Rules
Morris Polich Purdy LLP;
Legal Alert/Article
June 9, 2014, previously published on May 20, 2014
In a 6-2 decision, the U.S. Supreme Court reversed the D.C. Circuit Court of Appeals and upheld EPA’s Transport Rule regulating interstate air pollution. (EPA v. EME Homer City Generation, L.P. April 29, 2014) Beginning in 1970, the Clean Air Act (“CAA”) has included a Good...

 

Adobe PDFSeventh Circuit Rules That Courts May Review Challenges to Clean-Ups in Phases
Morris Polich Purdy LLP;
Legal Alert/Article
June 9, 2014, previously published on May 20, 2014
It ain’t over ‘til it’s over. But when is it really over? That’s the question the Seventh Circuit considered in Frey v. Environmental Protection Agency, No. 13-2142 (7th Cir., May 1, 2014), to determine whether it had jurisdiction to review a CERCLA response action. Under...

 

Adobe PDFThe Saga Continues: Recent Cases Applying “Sudden and Accidental” Pollution Exclusion Exception Yield Mixed Results
Morris Polich Purdy LLP;
Legal Alert/Article
June 9, 2014, previously published on May 20, 2014
The “sudden and accidental” discharge exception to the pollution exclusion contained in many environmental insurance policies has historically spawned much litigation, given that “sudden and accidental” is not a defined policy term. Recent cases addressing this...

 

Adobe PDFSuccessor Liability in the Context of CERCLA
Morris Polich Purdy LLP;
Legal Alert/Article
June 9, 2014, previously published on May 20, 2014
There is no running from CERCLA liability. Proof of this statement is found in the case of U.S. v. Conagra Grocery Products Company, LLC, 2014 WL 971973 (D. Me. March12, 2014), where the successor defendant, Conagra, was held liable for the actions of a leather tanning company acquired by...

 

Adobe PDFPhased Remediation and the Statute of Limitations for Superfund Cost Recovery
Morris Polich Purdy LLP;
Legal Alert/Article
June 9, 2014, previously published on May 20, 2014
When a plaintiff brings a cost recovery action under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (“CERCLA”) after the statute of limitations has run on the first phase of a remediation but before the statute of limitations runs on the second phase,...

 

Adobe PDFSecond Circuit Bars Duplicate Billing Under CERCLA
Sudhir Lay Burgaard; Morris Polich & Purdy LLP;
Legal Alert/Article
April 21, 2014, previously published on April 1, 2014
On March 18, 2014, in a case of first impression, the Second Circuit ruled in Price Trucking Corp. v. Norampac Industries, Inc. that the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) does not permit a plaintiff subcontractor to recover the value of unpaid work...

 

Adobe PDFFifth Circuit Decision Limits State and Local Governments’ Abilities to Regulate Offshore Drilling Operations on the Outer Continental Shelf
J. Scott Miller; Morris Polich & Purdy LLP;
Legal Alert/Article
April 21, 2014, previously published on April 1, 2014
A new Fifth Circuit Court of Appeals decision effectively limits the ability of states and local governments to regulate offshore drilling and mineral extraction operations on the Outer Continental Shelf (OCS). According to the Fifth Circuit, the 2010 Deepwater Horizon oil spill in the Gulf of...

 

Adobe PDFNew Hurdles for California Business with Proposed Prop 65 Changes
Steven L. Hoch; Morris Polich & Purdy LLP;
Legal Alert/Article
April 16, 2014, previously published on April 1, 2014
Doing business in California is difficult for many reasons. Instead of trying to keep business in California, the state is suggesting further burdens to business es with no apparent real benefit to its citizenry. California is considering requiring business es to change warnings and make reports...

 


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