Indemnity

9th Circuit Finds Shopping Center Owner Did Not Establish BFPP Status for Dry Cleaner Contamination

We have previously discussed the series of district court rulings in Voggenthaler v Maryland Square LLC where homeowners and the Nevada Department of Environmental Protection (NDEP) sued past and former owners of a shopping center and operators of a former dry cleaner because of a mile-long groundwater plume resulting from PCE spills from the dry cleaner […]

9th Circuit Finds Shopping Center Owner Did Not Establish BFPP Status for Dry Cleaner Contamination Read More »

CMBS Special Servicer May Pursue Guarantor Despite Environmental Policy

ORIX Capital Markets, LLC v. Cadlerocks Centennial Drive LLC, 2013 U.S. Dist. LEXIS 6081 (D. Mass. 1/15/13) involved a relatively small commercial loan but offers lots of lessons for borrowers, their counsel and environmental consultants. In this case, Salomon Brothers Realty Corp. (Solomon) extended a ten-year loan in the amount of $1.925MM to Cadlerocks Centennial

CMBS Special Servicer May Pursue Guarantor Despite Environmental Policy Read More »

Settlement Reached in Securities Class Action Suit For Inadequate Environmental Disclosure

The 2009 bankruptcy filing of Tronox, Inc. has spawned some interesting litigation. A trial commenced in May in the bankruptcy court for the Southern District of New York where a Litigation Trust formed as part of the Tronox reorganization plan is seeking $25B in damages from Kerr-McGee, a subsidiary of Anadarko Petroleum. Tronox, a manufacturer

Settlement Reached in Securities Class Action Suit For Inadequate Environmental Disclosure Read More »

Environmental Saga Involves Successor Liability, Bankruptcy and Environmental Justice

The most recent decision in Flake v. Schrader-Bridgeport Int’l, Inc., 2011 U.S. Dist. LEXIS 30372  (M.D. Tenn., Mar. 23, 2011) is just another chapter in this long-running environmental saga involving a successor liability, bankruptcy, toxic tort and environmental justice issues along with a piece of American automotive history. This well-traveled case began in a Tennessee county

Environmental Saga Involves Successor Liability, Bankruptcy and Environmental Justice Read More »

California Appeals Court Rules Reopening of NFA Letter Does Not Trigger Contractual Indemnification

Anyone who has negotiated the purchase of a gas station is aware that these agreements are incredibly complex. The contracts have dense definitions, dependent and inter-related provisions, and grant broad discretion to the sellers in determining the scope and conduct of the cleanup. A buyer who does not retain an environmental attorney who has previously

California Appeals Court Rules Reopening of NFA Letter Does Not Trigger Contractual Indemnification Read More »

Court Interprets Scope of Indemnity Clauses Involving Deepwater Horizon Gulf Oil Spill

As the trial date for the sprawling Deepwater Horizon Gulf Oil Spill litigation date rapidly approaches, the federal district court has been busy issuing decisions to help refine the issues. Two of these opinion involved interpreting the scope of contractual indemnities-one of our favorite topics. The first opinion involved cross-motions for partial summary judgment filed

Court Interprets Scope of Indemnity Clauses Involving Deepwater Horizon Gulf Oil Spill Read More »

Scroll to Top