Federal courts continue to interpret and analyze the Supreme Court’s decision in Spokeo, Inc. v. Robins.
A 9th Circuit panel reversed a district court’s denial of a smelter owner’s motion to dismiss, holding that the owner/operator of a facility that emits airborne hazardous substance cannot be held liable as an arranger for disposal under CERCLA.
Appellate Court Rejects Urban Decay Claim Based On Lay Witness Opinion, Upholds Mitigated Negative Declaration
When cities and counties conduct CEQA review of a large-scale commercial development project including a major national chain like Wal-Mart or Costco, a common objection is that the project will displace existing, locally owned retail establishments, resulting in a significant impact on the environment, in the form of urban decay (or “blight”).
Bitcoin is known for being volatile and hard to predict. Unsurprisingly, its legal definition is no different.
In the last generation, the U.S. Supreme Court has repeatedly promoted the policy under federal law in favor of arbitrating claims, including in the area of employment law.
Last year, we looked at the areas of law which the California Supreme Court drew its civil docket from between 2005 and 2007.
The First Circuit joined the Eighth Circuit in finding that Fidelity’s practice of earning overnight “float” interest on the cash paid out to 401(k) participants redeeming shares in mutual funds did not violate ERISA’s duty of loyalty or prohibition on self-dealing.
In 2014 the 4th DCA grappled with a tragic case I wrote about here involving a dispute between two divorced parents over the disposition of their deceased son’s cremated remains.
Though the Supreme Court’s 2014 unanimous ruling in Fifth Third Bank v. Dudenhoeffer announced the Employee Retirement Income Security Act (ERISA) standards for stock valuation in the context of a large public employee stock ownership plan (ESOP), the vast majority of ESOPs are still grappling with valuation issues.
In the long-running saga of efforts by the State of Washington and the Confederated Tribes of the Colville Reservation to attach CERCLA liability to a smelter in British Columbia, the smelter owner, Teck Industries, won a significant ruling.