General Liability


Furshpan Publishes DRI Trials and Tribulations Article
September 25, 2017 | Daniel E. Furshpan
Daniel Furshpan’s article, “How to Successfully Impeach a Witness with Deposition Testimony,” appeared in the September 25, 2017, issue of Trials and Tribulations, the newsletter of DRI’s Trial Tactics Committee. To read the article, click here.   …
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Effective Oral Advocacy
June 6, 2017
Preparing for and delivering a winning oral argument is a skill innate to some, but to most others, it is honed by years of practice and experience. Whether arguing an appeal or motion for summary judgment in a lower court setting, this guideline is intended to provide young lawyers with basic rules for effective and …
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International Dioxin Developments
May 24, 2017
Incineration at Issue in Ontario Town Government officials in a local town in Ontario, Canada, are having a public disagreement regarding the use of incinerators as a waste management tool. Greg Burns is the deputy mayor of Port Hope. He reportedly has written to the Ministry of Environment and Climate Change advocating a ban on …
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The Science of Dioxin

Taiwan FDA Says It Found Dioxin in Only One Farm’s Eggs Taiwan’s Food and Drug Administration (“FDA”) has announced that eggs from only one farm in Changhua County contained excessive levels of dioxin. Background According to news reports, the Taiwan FDA recently found that the amount of dioxin in eggs coming from somewhere in Changhua …
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Dioxin Developments

EPA Resuming Remediation at American Creosote Site The U.S. Environmental Protection Agency (“EPA”) is resuming its work to remediate the American Creosote Works, Inc., in Pensacola, Florida. Background The 18-acre American Creosote Works site is at 1800 West Gimble Street in Pensacola. Several businesses are located north of the site and residential areas, included in …
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Pollution Exclusion Precluded Coverage for Suit Alleging Harm from Carbon Monoxide
April 21, 2017
The U.S. District Court for the District of Oregon has ruled that a pollution exclusion in a commercial general liability insurance policy excluded coverage for claims arising from alleged carbon monoxide poisoning. The Case Plaintiffs sued Victory Construction LLC, d/b/a Premier Pools and Spas of Oregon, alleging negligence in the installation and ventilation of a …
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“Your Work” Exclusion Precluded Coverage for Breach of Warranty of Habitability Claim Against Subcontractor, Seventh Circuit Says

The U.S. Court of Appeals for the Seventh Circuit has affirmed a decision by a federal district court in Illinois that the “your work” exclusion in a commercial general liability insurance policy precluded coverage for a lawsuit against the insured subcontractor stemming from its allegedly defective installation of windows. The Case Metro North Condominium Association …
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International Dioxin Developments
March 27, 2017
Dublin Incinerator Begins Operations An incinerator in Dublin, Ireland, developed by Covanta is expected to be fully operational by August. Background The Dublin Waste-to-Energy project is a public private partnership (“PPP”) between the Dublin city council and Covanta to provide a thermal treatment plant to treat municipal waste. Located in Poolbeg, in Dublin Port, the …
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Dioxin: Regulatory Developments

V.A. Begins Processing Claims from Marines Affected by Toxic Water On the heels of agreeing to provide disability benefits potentially totaling more than $2 billion to veterans who had been exposed to contaminated drinking water while assigned to Camp Lejeune in North Carolina, the federal government has begun processing veterans’ claims for disability benefits. In …
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Dioxin: Legislative Developments

Congressmen Ask Federal EPA to Determine if Hackensack River Should Be Added to Superfund List Following reports of elevated pollution levels in the Hackensack River from recent sediment samples, Congressmen Josh Gottheimer (NJ-5) and Bill Pascrell (NJ-9) sent a letter to the Environmental Protection Agency (“EPA”) urging it to finalize its review of the site …
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Dioxin Developments

Dozens of Plaintiffs in San Jacinto River Superfund Case Now Must Offer Evidence of Alleged Injuries or See Case Dismissed About three dozen “lead” plaintiffs who are suing for damages they alleged they suffered from exposure to toxins at the San Jacinto River Superfund site have begun to offer, or soon will have to offer, …
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The Science of Dioxin
November 21, 2016
Research Claims to Link Exposure to PCBs, Diet, and Cardiovascular Disease Researchers at the University of Kentucky Superfund Research Program (“UK SRP”) Center have identified what they characterized as a new mechanism linking exposure to polychlorinated biphenyls (“PCBs”) and cardiovascular disease (“CVD”). The researchers said that they revealed that PCBs can lead to increased production …
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Dioxin: Legislative Developments

New Jersey Senator Proposes Creation of Dedicated Environmental Fund A proposed constitutional amendment has been introduced into the New Jersey legislature that, if adopted, would dedicate all moneys from settlements and awards collected by the state in connection with legal claims based on environmental contamination. The proposed amendment would provide that such amounts only could …
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International Dioxin Developments

Hong Kong Center for Food Safety Announces Latest Test Results on Hairy Crabs The Centre for Food Safety (“CFS”) of the Food and Environmental Hygiene Department in Hong Kong has stepped up surveillance on hairy crabs and has reported that the total level of dioxins and dioxin-like polychlorinated biphenyls (“PCBs”) in one sample taken at …
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Dioxin Developments

Black River PCB Site Is Not Expected to Cause Medical Problems, N.Y. State Health Department Concludes The New York State Department of Health (“NYSDOH”) has issued a public health assessment about the potential health risks associated with contaminants in the Black River PCBs site in Carthage/West Carthage, New York. Background As the public health assessment …
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New York Labor Law Bulletin
March 4, 2016
First Department Holds that Worker Is Entitled to Partial Summary Judgment under Labor Law § 240(1) For Injuries Sustained in Fall from Prime Mover In Somereve v. Plaza Constr. Corp., 2016 N.Y. App. Div. LEXIS 1231 (1st Dep’t 2016), plaintiff was injured when operating a prime mover to hoist a load of bricks onto a …
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