Latest News

Companies gear up for review and reversal of lead paint public nuisance case

By John Breslin | Sep 19, 2018

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.

Appeals court allows preliminary injunction of SB 84

By Mary Ann Magnell | Sep 17, 2018

The 9th Circuit Court of Appeals upheld a preliminary injunction preventing implementation of a California law imposing railroad fees on certain hazardous materials.

Defendants in lead-based litigation hoping to benefit from conservative U.S. Supreme Court

By John Breslin | Jul 22, 2018

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

By John Breslin | Jun 18, 2018

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

By John Breslin | May 27, 2018

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.

Alameda court must determine whether legal documents are privileged, appeals court says

By Karen Kidd | Mar 28, 2018

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.

Ninth Circuit panel backs Union Pacific in right of way case

By Erianne Leatherman | Feb 24, 2018

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.

The real public nuisance in California

By The Northern California Record | Feb 21, 2018

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.

Fight not over in protracted 18-year lead paint battle; Companies will seek USSC review

By John Breslin | Feb 16, 2018

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

By Karen Kidd | Feb 13, 2018

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.

AG unveils wording of lead paint ballot initiative as manufacturers ask high court for review

By John Breslin | Feb 12, 2018

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

By Amanda Robert | Feb 9, 2018

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

By Jonathan Bilyk | Aug 24, 2017

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.

Woman claims late husband's exposure to substances at Union Pacific Railroad Co. caused damage

By Wadi Reformado | May 8, 2017

OAKLAND – An Idaho widow alleges her husband was exposed to toxic substances that contributed to him developing leukemia.

Railroads succeed in blocking new Haz-Mat tax

By Michelle de Leon | Dec 11, 2016

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.

Ninth Circuit Court of Appeals to decide dietary supplements case

By Michelle de Leon | Oct 26, 2016

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.

Man alleges he was terminated by Union Pacific Railroad in retaliation

By Wadi Reformado | Jul 6, 2016

OAKLAND – A man alleges he was wrongfully terminated by his former railroad employer.

Union Pacific Railroad Co. employee alleges injuries

By Wadi Reformado | Jun 8, 2016

SACRAMENTO – A railroad employee alleges he was injured from a result of poor working conditions.

The Record Network