Tort Law

The court holds that under New Jersey law, a successor corporation is not liable for toxic torts arising from contamination created by the predecessor's operations at a facility that the…

The court holds that under §309 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Georgia's four-year statute of limitations for torts involving property…

The court holds that the primary jurisdiction doctrine requires it to stay a landowner's claims for injunctive relief against the owner of a railroad tie treatment site for polluting the…

The court holds that the discretionary function exception to the Federal Tort Claims Act (FTCA) bars an insurer's claim that U.S. Environmental Protection Agency (EPA) officials acted…

The court holds that landowners whose wells were contaminated by toxic chemicals migrating from a U.S. Army aircraft maintenance facility failed to prove that the Army was negligent, and that they…

The court holds that under Wisconsin law, an insurer has a duty to defend its insured under the "wrongful entry" clause of a commercial policy against negligent trespass claims for…

The court holds that a nuclear facility employee's state suit for damages based on personal injury allegedly caused by exposure to unsafe dosages of radiation was constitutionally removed to…

The court holds that under New Mexico law the doctrine of strict liability may apply to the storage and disposal of chemical wastes that pose a threat to health and welfare. New Mexico has adopted…

The court affirms a district court's dismissal, under the Federal Tort Claims Act's (FTCA's) independent contractor and discretionary function exceptions, of a lawsuit against the…

The court holds that the United States is not liable under the Federal Tort Claims Act for response costs incurred by an insurance company following a determination by the U.S. Environmental…