appellate
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Trends in Climate Change Lawsuits: State Common Law Issues
As we have discussed in our previous blog posts, a growing form of climate change litigation in the United States consists of lawsuits filed by states or municipalities against private industry, and more specifically, the fossil-fuel industry. States, cities and other units of local government have filed lawsuits alleging state common law theories, including nuisance,… Continue reading
28 U.S.C. § 1442, 28 U.S.C. § 1447(d), appellate, assert climate change claims, Baltimore, Chevron, City of N.Y. v. BP P.L.C.. 325 F. Supp. 3d 466 (S.D.N.Y. 2018), Clean Air Act, Climate Change, Consumer Protection Act, failure to warn, federal court, Fossil fuel, litigation, local government, Maryland’s Consumer Protection Act, Mayor and City Council of Baltimore v. BP PLC, nuisance, Oakland, petition for a writ of certiorari, remand order, Rhode Island, San Mateo, state court, Supreme Court, trespass -
Failure to Provide Notice to Excess Insurer Dooms Insurance Recovery for Environmental Settlement
A California appellate court recently affirmed a lower court decision that concluded that an insured’s failure to obtain consent from its excess insurer precluded it from recovering insurance proceeds from that insurer. Continue reading