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Adobe PDFNinth Circuit Facilitates Removal of Environmental Tort Cases
Sudhir Lay Burgaard; Morris Polich & Purdy LLP;
Legal Alert/Article
September 2, 2015, previously published on August 31, 2015
In 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,...

 

Adobe PDFGoldfarb v. Mayor and City Council of Baltimore Offers Guidance for RCRA Citizen Suits
Summer L. Nastich; Morris Polich & Purdy LLP;
Legal Alert/Article
September 2, 2015, previously published on August 31, 2015
Plaintiff 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...

 

Adobe PDFSurveillance of the Incident: What Time Is the Right Time for Production?
Michael L. Forte, Joseph A. Regalado; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
September 2, 2015, previously published on September 1, 2015
Since 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...

 

Adobe PDFPrivate 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;
Legal Alert/Article
September 2, 2015, previously published on August 31, 2015
On 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...

 

Adobe PDFA Matter of First Impression: Under the Clean Water Act, What does “Total” Mean?
Ryan C. McKim; Morris Polich & Purdy LLP;
Legal Alert/Article
September 2, 2015, previously published on August 31, 2015
In 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...

 

Adobe PDFNinth Circuit Tells the EPA Enough is Enough
Christopher G. Foster; Morris Polich & Purdy LLP;
Legal Alert/Article
September 2, 2015, previously published on August 31, 2015
The 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...

 

HTMLLouisiana Legislature Ensures Franchisees Are the Sole Employers of Their Workers
Katherine E. Pizzini; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
September 1, 2015, previously published on August 31, 2015
The Louisiana legislature recently passed Act 404 of the 2015 legislative session, clarifying that in most circumstances franchisees are the sole employers of their employees. The bill was signed by Governor Bobby Jindal on July 1, 2015, and went into effect on August 1, 2015.

 

HTMLDiscovery Rule Not Apply To Permit Late Filing Of Tort Claims Act Notice Two Years Later Against Newark Police Department
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
September 1, 2015, previously published on August 31, 2015
In Ramey v. DeMaio, 2015 N.J. Super. Unpub. LEXIS 2039 (App. Div. Aug. 25, 2015), the plaintiff filed a complaint against Samuel DeMaio, the acting police director of Newark, for allegedly providing false information regarding her daughter’s homicide, which was published in the Star Ledger....

 

HTMLLouisiana Supreme Court Reaffirms At-Will Employment Doctrine
Katherine E. Pizzini; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
September 1, 2015, previously published on August 31, 2015
In Read v. Willwoods Community, 2014-C-1475 (La. 2015), the Supreme Court of Louisiana overturned a jury verdict awarding damages to a plaintiff who claimed that his employer breached a verbal contract to employ him for a term of five years. The plaintiff argued that during his interview the...

 

HTMLLouisiana Federal Court Cautions Against Seeking Enforcement of Invalid Noncompete Agreements
Andrew P. Burnside; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 1, 2015, previously published on August 31, 2015
In what should serve as a cautionary tale to employers with noncompete agreements, a federal court in the Eastern District of Louisiana allowed an unfair trade practices claim to survive against an employer that attempted to enforce an allegedly invalid noncompete agreement.

 


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