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Martinez v. American Oil & Supply Co.

The court holds that a magistrate judge properly granted summary judgment to a cleaning solvent manufacturer whose product allegedly caused an apparatus cleaner to suffer from chest pain, burning in his lungs, and shortness of breath. The court first holds that the magistrate judge's decision to den...

R.W. Docks & Slips v. Wisconsin

The court holds that a development company whose request for a dredging permit to develop boat slips at a marina was denied did not suffer a regulatory taking. The state environmental agency had granted the company permits for 201 boat slips, but denied a permit to build an additional 71 slips. The ...

Waterville Indus., Inc. v. Finance Auth. of Me.

The court holds that a trial court improperly excluded evidence central to a wool processing mill owner's case against the Finance Authority of Maine (FAME) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and contract law and, therefore, vacates and remands t...

Gould Elecs., Inc. v. United States

The court reverses a district court dismissal, for lack of subject matter jurisdiction, of battery manufacturers' Federal Tort Claims Act (FTCA) suit against the United States that sought contribution for a settlement agreement resolving third-party personal injury and property damage claims arising...

McWane, Inc. v. Crow Chicago Indus., Inc.

The court upholds the dismissal of a property developer's breach of contract and willful and wanton misconduct claims against its partner for contaminating previously uncontaminated soil on property they sought to redevelop. The developer claimed that by contaminating uncontaminated soil, the partne...

Connecticut Indem. Co. v. Superior Court of San Joaquin County

The court holds that a city council, pursuant to a legislative investigation of toxic contamination of groundwater, may issue subpoenas to insurers in order to obtain information relating to liability insurance coverage and claims concerning parties believed to be legally responsible for the contami...

St. Martin v. Mobil Exploration & Producing U.S. Inc.

The court affirms a district court decision holding oil companies liable for $240,000 in damages for failing to adequately maintain spoil banks on canals operated by them, resulting in damage to a freshwater flotant marsh in Terrebone Parrish, Louisiana. The owners of the marsh filed suit against th...

K.F. Dairies, Inc. & Affiliates v. Fireman's Fund Ins. Co.

The court, applying California law, holds that an insurer had a duty to defend an insured in an underlying Comprehensive Environmental, Compensation, and Liability Act groundwater contamination suit when the damage occurred during the policy period even though the insured did not purchase the contam...

Mitchell v. United States

The court holds that the discretionary function exception to the Federal Tort Claims Act (FTCA) barred an individual's FTCA claim against the National Park Service for failure to repair or improve a drainage ditch and head-wall along a road in the Delaware Water Gap National Recreation Area. After h...

Olin Corp. v. Insurance Co. of N. Am.

The court affirms a district court decision finding the insurer of a former pesticide manufacturing plant liable for only $11,297 of the approximate $4 million the manufacturer spent remediating soil and groundwater contamination at the plant. The manufacturer owned the plant from 1950 to 1968, over...