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HTMLWisconsin Supreme Court: Pollution Exclusion Bars Coverage for Well Contamination Resulting from the Application of Manure and Septage as Fertilizer
William J. Katt, Carl J. Pernicone, Heather L. Utlaut; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 13, 2015, previously published on January 14, 2015
In Wilson Mutual Ins. Co. v. Robert Falk and Jane Falk, 2013AP691 & 2013AP776, and Preisler v. Kuettel’s Septic Serv., 2012AP2521, the Wisconsin Supreme Court sought to resolve conflicting court of appeals’ decisions on whether excrement (manure and septic waste, respectively) are...

 

HTMLOhio High Court: State Oil and Gas Law Trumps Anti-fracking Zoning Rules Enacted by a Municipality
Carl J. Pernicone, Kathleen D. Wilkinson; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 5, 2015, previously published on February 26, 2015
The Ohio Supreme Court, in State ex rel. Morrison v. Beck Energy Corp., Slip Opinion No. 2015-Ohio-485, issued the first state high court decision to consider and reject the proposition that local anti-fracking zoning regulations can be used to trump a state’s oil and gas law favoring...

 

HTMLNew York Environmental Commissioner Will Issue an Order Early Next Year Banning “Fracking,” Under a Moratorium Since 2008
Alexander L. Betke, Carl J. Pernicone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
February 18, 2015, previously published on December 22, 2014
In a much-anticipated report, the New York State Department of Health has concluded that high-volume hydraulic fracturing (HVHF) should be banned statewide. In a nutshell, the Department found that there was insufficient scientific evidence that fracking was safe. The report stated in relevant part...

 

HTMLNorth Korea’s Attack Raises Critical Coverage Issues and TRIA Implications
Joseph F. Bermudez, Carl J. Pernicone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
February 18, 2015, previously published on December 23, 2014
The FBI advised that the recent attack on Sony Pictures Entertainment (SPE) “destroyed systems” and “rendered thousands of SPE’s computers inoperable, forced SPE to take its entire computer network offline, and significantly disrupted the company’s business...

 

HTMLCornell Ruling Is Cause for Experts’ Concern
Carl J. Pernicone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 8, 2014, previously published on July 1, 2014
I recently co-authored an article for Law360 entitled “Cornell Ruling Is Cause for Experts’ Concern,” which covered the ruling by the New York Court of Appeals in Cornell v. 360 West 51st St. Realty, LLC (2014 NY Slip Op 02096). The ruling dealt with the admissibility of an...

 

HTMLNew York Court of Appeals Sustains Anti-hydrofracking Zoning Regulations as Permissible Exercise of Municipal Authority Under Home Rule Law
Alexander L. Betke, Carl J. Pernicone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
July 18, 2014, previously published on July 1, 2014
In a closely watched decision, a majority of the New York Court of Appeals has held that local anti-hydrofracking zoning rules can trump the state’s pro-energy development oil and gas law. The Court’s decision came in a pair of cases, In the Matter of Mark S. Wallach, as Chapter 7...

 

HTMLHow Courts Have Ruled on the Still-open Issue of Whether the Clean Air Act Preempts State Common Law Tort Suits
Carl J. Pernicone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
June 27, 2014, previously published on June 24, 2014
In its landmark 2011 decision in American Electric Power Co., Inc. v. Connecticut, et al., 131 S.Ct. 2527 (2011), the U.S. Supreme Court held that the Clean Air Act (CAA) and the actions by the U.S. Environmental Protection Agency (EPA) it authorized displace - that is, preempt - “any federal...

 

HTMLBad Faith Claim Against Insurer Ruled Unsustainable by New York Federal Courts Where Based on Same Facts as Breach of Contract Count
Carl J. Pernicone, Robert M. Weber; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
June 11, 2014, previously published on June 2, 2014
Two recent New York federal court decisions -433 Main Street Realty, et al. v. Darwin National Assurance Co., No. 14-cv-587 (NGG) (VMS) (E.D.N.Y. Apr. 22, 2014) and County of Orange v. The Travelers Indemnity Co. No. 7:13-cv-06790, S.D. N.Y.; 2014 U.S. Dist. - provide a good synopsis of the factual...

 

HTMLNew York Appeals Court Sustains Asbestos Plaintiffs’ Direct Suit against Liability Insurer of Dissolved Corporate Defendant
Carl J. Pernicone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
May 7, 2014, previously published on May 1, 2014
Can an asbestos bodily injury plaintiff directly sue the liability insurer of a dissolved corporate defendant? Yes, said New York’s Appellate Division, First Department - under certain circumstances. The court’s decision came in cases under In Re New York City Asbestos Litigation, et...

 

HTMLWyoming Supreme Court Vacates on Procedural Grounds a Lower Court Decision Holding Ingredients in Fracking Fluid Formulas Qualify as “Trade Secrets”
Carl J. Pernicone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 31, 2014, previously published on March 19, 2014
On March 12, 2014, in Powder River Basin Resource Council v. Wyoming Oil And Gas Conservation Commission, et al., the Wyoming Supreme Court, on procedural grounds, vacated a trial court decision upholding the decision of the Wyoming Public Records Commission (Commission) that the ingredients in...

 


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