statute of limitations

Consultants in Bank Lawsuit Saved by the (Statute of Limitations) Bell

Christmas arrived early for two environmental consulting firms when a federal district court ruled in Bank United, N.A. v. Merritt Environmental Consulting Corp, 2018 U.S. Dist. Lexis 214448 (S.D.N.Y. 12/20/2018) that a lender had waited too long to file a complaint against the consultants for failing to identify radioactive contamination in a phase 1 environmental […]

Consultants in Bank Lawsuit Saved by the (Statute of Limitations) Bell Read More »

CERCLA “Discovery Rule” Playing Important Role in Toxic Tort Cases

State statutes of limitations (SOL) establish the time period when an injured party may bring a lawsuit seeking compensation for damages. In general, the SOL “clock” will start when a claim “accrues” (e.g. when all of the required elements of the cause of action have been satisfied. Because of the long latency period between exposure

CERCLA “Discovery Rule” Playing Important Role in Toxic Tort Cases Read More »

NJ Shopping Center Owner Waits Too Long to Bring Spill Act Claim

Commercial property owners and asset multi-family buildings usually retain property managers firms to handle the daily operations of properties ranging from leasing, record-keeping, routine maintenance and emergency repairs. We previously discussed on how the importance of property managers understanding environmental issues, particularly the nuances of the requirements heating oil tanks for multi-family buildings. A recent New

NJ Shopping Center Owner Waits Too Long to Bring Spill Act Claim Read More »

Mass Ct Rules Contractual Limitation Period Unenforceable

When hiring an environmental consultant, clients are often asked to execute an engagement letter that typically addresses the pricing for the Phase 1 and other logistical information. Attached to the engagement letter will be what often looks like a pre-printed form of terms and conditions that govern the performance of the services to be provided

Mass Ct Rules Contractual Limitation Period Unenforceable Read More »

Vapor Intrusion and Statutes of Limitations

Statutes of limitations (SOL) establish the time period for bringing a cause of action. SOLs are designed to encourage resolution of disputes within a reasonable period of time before facts or evidence is lost through the passage of time, death or disappearance of witness as well as the loss of memory. The SOL will differ

Vapor Intrusion and Statutes of Limitations Read More »

Contamination at Heart of Litigation Over Failed Subdivisions

The Great Recession caused hundreds of residential development projects to ground to a halt. Not surprising, these failed projects have spawned lots of litigation. An interesting Maryland lawsuit involves allegations of fraud and misrepresentation of environmental issues at a development site, and has ensnarled a foreclosing lender. In U.S. Home v Settler’s Crossing, 2010 U.S.

Contamination at Heart of Litigation Over Failed Subdivisions Read More »

Montana Supreme Ct Allows Lawsuit To Proceed For 25 Year Old Plume

In what may be one of the more important common law pollution cases of the past few years, the Montana Supreme Court ruled that property owners may proceed with lawsuit alleging damages from contamination that has migrated from a railyard that had operated by Burlington Northern & Santa Fe Railway Company and its predecessors from

Montana Supreme Ct Allows Lawsuit To Proceed For 25 Year Old Plume 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 »

Federal Ct Says NY Waited Too Long to File Cost Recovery

The United States District Court for the Eastern District of New York dismissed a cost recovery action filed by the State of New York because the state waited too long to file its complaint. The outcome hinged on whether construction of wellhead treatment constituted a remedial action or removal action. This case is significant because New York

Federal Ct Says NY Waited Too Long to File Cost Recovery Read More »

Scroll to Top