Bank Not Liable For Auction Sale of Contaminated Property

By Lawrence Schnapf, Principal, Schnapf LLC In Lusk v First Century Bank, 2012 W. Va. LEXIS 241 (Sup. Ct. 4/27/12) , the plaintiff/petitioners purchased a commercial property at an auction foreclosure sale. The Notice of Trustee's Sale and Regency's advertising notice stated that the sale...

District Court Holds Vapor Intrusion Is Imminent and Substantial Endangerment

By Lawrence Schnapf, Principal, Schnapf LLC The recent decision in Sisters of Notre Dame De Namur v. Mrs. Owen J. Garnett-Murray , 2012 U.S. Dist. LEXIS 78747 (N.D. Cal. 6/6/12) , is the latest example of how vapor intrusion has become a game changer for toxic tort and RCRA litigation. Vapor intrusion...