Kroger Gardis & Regas, LLP
In this article, David Rubin discusses why this exclusion may eliminate the difficulties associated with the known loss doctrine while enforcing its core principle. While the “known loss” doctrine is a basic concept of insurance, its application is often difficult and complicated. In Atl. Cas. Ins. Co. v. Garcia, 878 F.3d 566 (7th Cir. 2017), …
‘Claims in Process’ Exclusion—A Better Known Loss Rule?Read More
PFAS. They’re everywhere and they’re not going away. PFAS are the toxic substances known as per- and polyfluoroalkyl. Most Americans have PFAS in their blood, it accumulates and it does not break down. According to US EPA, recent studies indicate that PFAS compounds can cause reproductive and developmental, liver and kidney, and immunological effects in …
Tucked into the recent 2018 Federal Budget are several items of interest to our environmental and real estate clients. The Brownfields Program can now protect lessees of property under the Bona Fide Prospective Purchaser (BFPP) provisions of the Act. In the past, lessees could only be protected if the lessor/owner had similar BFPP protections. No …
A property owner’s inverse condemnation complaint against Duke Energy properly states a claim on its face, and the trial court’s dismissal pursuant to Indiana Trial Rule 12(B)(6) was erroneous, according to the Indiana Supreme Courts in Bellwether Properties, LLC v. Duke Energy Indiana, Inc. Plaintiff Bellwether owns real property in Bloomington on which Duke Energy …
Dismissal of Inverse Condemnation Pleadings PrematureRead More
The most likely federal offenses faced by U.S. companies are for environmental crimes, per a recent report by the U.S. Sentencing Commission. http://www.uscourts.gov/news/2016/12/22/environmental-crime-tops-list-organizations In fiscal 2015, environmental crimes accounted for nearly one-third of all offenses by corporations, partnerships, trusts, nonprofits, etc., followed by fraud (21%), food and drug violations (12%), antitrust violations (7.7%) and import/export …
Yes, on the issue of wetlands determinations by the Federal government. The U.S Supreme Court justices held, using varied rationales, that the courts should be able to hear an appeal of the initial determination by the Corps of Engineers that a site is a “wetland”. This determination triggers a raft of costly and time consuming …
