Legal Resources
Two Recent Rulings Highlight Challenges For Policyholders in Business Interruption Coverage Litigation
As business interruption lawsuits continue to fill up court dockets, we are beginning to see the first wave come crashing down on policyholders. Whether this is a sign of things to come is still an open question for both policyholders and insurers. At present, there...
EPA Takes Major Step Forward In PFAS Action Plan
In the midst of the pandemic, the EPA continues to take steps forward included in its February 2019 PFAS Action Plan to address short-term and long-term plans for regulating and tracking PFAS. On December 20, 2019, the National Defense Authorization Act (NDAA) was...
PFAS-Containing Food Packaging Subject to Regulation
Per- and poly-fluoroalkyl substances (“PFAS”) are a collection of over 7,000 manmade chemical compounds. PFAS have unique physical properties, including resistance to degradation and heat and ability to repel oil and water. These properties make them highly useful...
Legal Battle Continues Over PFAS Standards in New Hampshire
Environmental groups have filed an amicus brief to the court reviewing New Hampshire’s PFAS regulations, arguing that the lower court did not properly conduct the cost-benefit analysis to enjoining the proposed standards. The parties who brought this suit against the...
Fight Over COVID-19 Business Interruption Claims Being Fought on Multiple Fronts
As business interruption claims continue to pile up in the wake of the COVID-19 pandemic, questions are beginning to arise over how to best resolve the mass influx of expected claims. As courts across the country weigh various proposals including multidistrict...
PFAS Lawsuit Shows Pandemic Is Not Stopping Contamination Claims
On Monday April 13, 2020, the town of East Hampton, New York filed suit against its own fire department in federal court. The town of alleges that the East Hampton Fire Department failed to properly cleanup aqueous film forming foam (AFFF) that contained...
EPA Seeking Public Comment On Draft Risk Evaluation For Asbestos
The Environmental Protection Agency is seeking public comment on its Draft Risk Evaluation on Asbestos. Finalizing this assessment is the next step in its evaluation of the risks associated with asbestos, a review it is authorized to do by the Toxic Substances Control...
COVID-19 Pandemic Places Business Insurance Coverage Under the Microscope
Efforts by the business community and government to protect employees and the public from the COVID-19 virus have led to a tsunami of business closures and massive losses in income, estimated in the billions of dollars in the U.S. alone. It remains to be seen whether...
Boy Scouts of America’s Bankruptcy Filing Will Impact Sexual Abuse Litigation
The Boy Scouts of America (“BSA”) recently filed a Chapter 11 voluntary petition for bankruptcy amid an onslaught of claims against the organization related to historical acts of sexual abuse in its programs. According to a Debtor’s Informational Brief filed on its...
Proposed PFAS Bill Would Require Notice to Purchasers of Firefighting Equipment
Per- and poly-fluoroalkyl substances (“PFAS”) are a collection of over 7,000 manmade chemicals. The original PFAS compounds were invented in the 1940s, which sparked the invention of thousands of additional compounds later incorporated into countless consumer...
If You Know It When You See It, Do You Really Need A Warning?
A proposed bill out of the Utah Legislature this week marks an unexpected turn in the expansion of legislation mimicking California’s Proposition 65. Where Prop. 65 requires a “clear and reasonable” warning regarding exposures to toxic substances, Utah’s House Bill...
Increasing Pressure on Public Agencies and Private Entities on PFAS
Regulating bodies and regulated entities alike are feeling increasing pressure to act on PFAS, the “forever chemicals.” This pressure is coming from all angles as Congress, the courts, and the executive branch reckon with the continually growing and evolving...