Month: January 2012

Company Not Liable For Disposal By Employee

A federal district court ruled that a company was not liable for improper disposal of PCB-contaminated capacitors by a former employer because the employer was not aware of nor had authorized the actions of its former employee. In essence, the court concluded that the employee had engaged in an independent venture for which his employer …

Company Not Liable For Disposal By Employee Read More »

Ct Rules Existence of Seller Not Relevant For Successor Liability

One of the underpinnings of corporate law is that a purchaser of assets is not normally liable for the liabilities of the predecessor while a stock purchaser will take on the pre-existing liabilities. Courts have fashioned four exceptions to the no liability for asset purchaser rule. The exceptions are: express or implied assumption of liability …

Ct Rules Existence of Seller Not Relevant For Successor Liability Read More »

County Liable to Developer for Migration of Landfill Gas

A federal district court ruled that a Maryland county government was liable to a developer for damages resulting from the migration of landfill gas from a closed landfill to a planned development community. The court held that developer was entitled to recover response costs under CERCLA and that the subsurface migration of methane gas and VOCs …

County Liable to Developer for Migration of Landfill Gas Read More »

Foreclosing Banks Increasingly Using Env Insurance For Sales Risks

As the nation slowly lifts itself out of the effects of the Great Recession, lenders are beginning to increase the pace of foreclosures on commercial properties. The volume of foreclosures is likely to significantly increase during the next few years as the loans that were orginated during the height of the credit bubble become due. With real …

Foreclosing Banks Increasingly Using Env Insurance For Sales Risks Read More »

NY Ct Says Former Tenant Liable For Abandoned Tanks As Trade Fixtures

Federal and state underground storage tank (UST) programs impose closure obligations on the owners or operators of USTs that are taken out of service. If the tanks are to be inactive for a short period of time (the time period varies depending on the state), the tanks must comply with temporary closure requirements. Owners or …

NY Ct Says Former Tenant Liable For Abandoned Tanks As Trade Fixtures Read More »

California Court Upholds Solar Energy Restrictions of Homeowners Association

The Covenants, Conditions and Restrictions (CC&R) in the master declaration for the Tesoro del Valle homeowners association (Tesoro) recorded in 2003 provided that homeowners must obtain approval from the Architectural Control Committee (ACC) before making any improvements. Tesoro later approved Design Guidelines that included architectural standards for solar energy systems. In 2005, defendant purchase their …

California Court Upholds Solar Energy Restrictions of Homeowners Association Read More »

Claims Against Coalbed Methane Operator Allowed to Proceed

In a case that may have implications for fracking operations, a federal district court for the western district of Virginia allowed property damage claims to proceed against a coalbed methane operator. In C.J. Ritter Lumber Co., Inc. v  Consolidated Coal Co., 2011 U.S. Dist. LEXIS 95131 (W.D. Va. 8/25/11), the plaintiff entered into coal leases …

Claims Against Coalbed Methane Operator Allowed to Proceed Read More »

Scroll to Top