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|Delaware Court Finds Dole Executives Personally Liable for Millions in Damages for Defrauding Stockholders in Buy-Out and Undermining Special Committee Process|
Richard M. Brand, Gregory A. Markel, William P. Mills, Brittany Schulman, Martin L. Seidel; Cadwalader, Wickersham & Taft LLP;
September 4, 2015, previously published on August 28, 2015In its August 27th post-trial opinion, In re Dole Food Co., Inc. Stockholder Litigation, the Delaware Chancery Court held Dole executives David Murdock and Michael Carter personally liable for $148 million in damages for undermining and interfering with the special committee’s efforts to...
|Federal District Court Vacates Lesser Prairie-Chicken Listing Decision with Potential Implications for the Sage-Grouse Listing Decision|
Thomas Jensen, Sandra Ann Snodgrass; Holland & Hart LLP;
September 3, 2015, previously published on September 2, 2015Yesterday, Judge Junell of the federal district court of the Western District of Texas issued an order in Permian Basin Petroleum Association v. Department of the Interior that vacates the decision by the U.S. Fish and Wildlife Service (Service) to list the lesser prairie-chicken as threatened...
|Private Parties Entering Into Judicially-Approved CERCLA Settlement Agreements Subject to Three-Year Statute of Limitations to Seek Subsequent Contribution Claims Against Other Liable Parties|
Hubert T. Lee; Morris Polich & Purdy LLP;
September 2, 2015, previously published on August 31, 2015On July 10, 2015, the Ninth Circuit held that: (1) a judicially-approved settlement agreement between private parties to a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) § 107 cost-recovery suit initiates the three-year statute of limitations for any of the...
|Surveillance of the Incident: What Time Is the Right Time for Production?|
Michael L. Forte, Joseph A. Regalado; Rumberger, Kirk & Caldwell Professional Association;
September 2, 2015, previously published on September 1, 2015Since the Florida Supreme Court decided Dodson v. Persell in 1980, the law has been well-settled that surveillance videos and photographs are discoverable in a personal injury to the extent those items will be used at trial.1 However, where surveillance exists of the incident at issue in the...
|Seven Things to Consider Before Filing a Lawsuit|
Krevolin Horst LLC;
September 2, 2015, previously published on January 22, 2015What do you do if you are thinking of suing someone? Many lawsuits are necessary. A large number are not. Sometimes suits are necessary to preserve rights, such as stopping someone from infringing on your copyright, stealing your business ideas and trade secrets, or escaping with your money. Some...
|Goldfarb v. Mayor and City Council of Baltimore Offers Guidance for RCRA Citizen Suits|
Summer L. Nastich; Morris Polich & Purdy LLP;
September 2, 2015, previously published on August 31, 2015Plaintiff Bruce Goldfarb sued various current and former owners of property along the Middle Branch of the Patapsco River in Maryland under the citizen suit provisions of the Resource Conservation and Recovery Act (RCRA). As noted by the court, RCRA provides cradle to grave governance of all...
|Ninth Circuit Facilitates Removal of Environmental Tort Cases|
Sudhir Lay Burgaard; Morris Polich & Purdy LLP;
September 2, 2015, previously published on August 31, 2015In ruling that a tort mass action against The Boeing Company (“Boeing”) and an environmental contractor did not fall under the “local event” exception of the Class Action Fairness Act (CAFA), the Ninth Circuit held that the case had been properly removed to federal court,...
|D.C. Circuit Prevents Disclosure of KBR’s Internal Investigation Materials, Again|
J. Andrew Jackson, Mark R. Lentz, Ryan P. McGovern, Donald G. Yeargin; Jones Day;
September 2, 2015, previously published on August 2015For the second time in as many years, the Court of Appeals for the D.C. Circuit struck down a district court order compelling KBR to turn over documents from an internal investigation conducted by KBR into allegations that it defrauded the U.S. government during the Iraq War. The district court...
|Ninth Circuit Tells the EPA Enough is Enough|
Christopher G. Foster; Morris Polich & Purdy LLP;
September 2, 2015, previously published on August 31, 2015The Federal Environmental Protection Agency (EPA) is responsible for registering all pesticides. A pesticide may be registered only if the EPA finds that it is “safe,” meaning that “there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide...
|A Matter of First Impression: Under the Clean Water Act, What does “Total” Mean?|
Ryan C. McKim; Morris Polich & Purdy LLP;
September 2, 2015, previously published on August 31, 2015In American Farm Bureau Federation v. EPA, 792 F.3d 281 (2015), a number of trade groups for the agricultural and home building industries (collectively “Plaintiffs”) challenged whether, under the Clean Water Act, the total maximum daily load (“TMDL”) for the Chesapeake Bay...