PHILADELPHIA - Pennsylvania will be the next battleground in historically hard-fought litigation over lead paint, as private lawyers seeking one-third of possible multimillion-dollar verdicts and settlements are teaming with county officials on lawsuits.
SAN JOSE - The U.S. Supreme Court has refused to review a California decision penalizing companies involved in the lead-based paint business.
Whether it is movies, music or fashion, California has never been short of exports to the rest of the United States. But not all its offerings are as wholesome as the Beach Boys. California’s creative reinterpretation of public nuisance law is now inspiring copycat lawsuits to victimize honest businesses around the country, most recently in a lead paint litigation threatened last week in Delaware, Lehigh, and Montgomery Counties, Pennsylvania.
SACRAMENTO - Businesses and legal scholars are weighing in on a request that the U.S. Supreme Court review, and then overturn, a decision out of California that penalizes companies over lead-based paint, forcing them to pay potentially hundreds of millions for clean up costs.
The 9th Circuit Court of Appeals upheld a preliminary injunction preventing implementation of a California law imposing railroad fees on certain hazardous materials.
SAN FRANCISCO - Three defendants in the long running litigation over lead-based paint liability are probably hoping they will benefit from a significantly more conservative U.S. Supreme Court, according to one California-based law professor.
Flurry of bills targeting lead-based paint hazards and manufacturers. one down, one parked, four remain alive
SACRAMENTO - A bill that would allow homeowners to pursue lead-based paint manufacturers in cases where they cannot identify the maker has been parked by its sponsor in the California State Assembly.
NL Industries settles lead paint case for $60 million; Ballot initiative on track with signature support
Organizers of a ballot initiative aimed at stopping lead paint manufacturers from facing financial liability for legacy use of the product have filed enough signatures ahead of the July deadline.
SAN FRANCISCO – Alameda Superior Court must determine whether documents sought by a former legal consultant now suing Union Pacific Railroad Co. over asbestos exposure are privileged, according to a state appeals court ruling issued earlier this month.
SAN FRANCISCO – The U.S. Court of Appeals for the Ninth Circuit has reinstated counterclaims by Union Pacific Railroad on Feb. 7 centered on its leasing of land under 1,800 miles of its right of way to Santa Fe Pacific Pipeline LP to build a petroleum pipeline.
Five years ago, at the close of a 13-year public nuisance case against ConAgra, et al. in which 10 California counties sought a billion-dollar judgment for lead paint abatement, Santa Clara County Superior Court Judge James Kleinberg urged defendants to give up.
SACRAMENTO - While the California Supreme Court has refused to review an appeals court decision against three companies ordered to pay hundreds of millions for lead paint abatement, the long running fight over the deeply fractious issue is not over.
Pipeline serves a 'railroad purpose' as long as railroad operation continues and benefits, 9th Circuit rules
A pipeline can suffice as a "railroad purpose" under right-of-way rules granted to railroads in the 19th century, as long as the railroad benefits, an appeals court ruled this month.
SACRAMENTO - California's Attorney General Xavier Becerra has unveiled the wording of the title and summary of a ballot initiative that proposes to raise $2 billion in bonds for remediation work on homes and other buildings affected by lead paint.
Lead paint amicus: Slumlords rewarded, low-income tenants stiffed if public nuisance decision stands
SACRAMENTO - As the Supreme Court of California considers whether to review a ruling that holds major paint companies responsible for remediating lead paint across the state, it will weigh several amicus letters filed by community and business organizations that also request a different outcome in the case.
$1B 'retroactive liability' lead paint case vs paint makers could pave way for overreach, appeals panel told
Lawyers for three current and former paint manufacturers on the hook for a $1.15 billion judgment over the presence of lead paint in more than 3 million California homes have asked a California appeals court to overturn that judgment, saying the judge overreached and trespassed on legal turf more properly reserved for lawmakers, and to rule otherwise would open a virtual Pandora’s box of further judicial abuses and other unforeseen harms on homeowners, businesses and taxpayers, alike.
OAKLAND – An Idaho widow alleges her husband was exposed to toxic substances that contributed to him developing leukemia.
SACRAMENTO -- A California judge has granted a preliminary injunction against the new tax scheme scheduled to be imposed on trains carrying hazardous materials, pointing out that the petitioners’ arguments merited a day in court.
ORLANDO -- The U.S. Court of Appeals for the Ninth Circuit is on the verge of providing a concrete resolution to the contrasting opinions of district courts regarding certification and classification of dietary supplements and the lawsuits related to them.