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9th Circuit Dismisses Some Charges Against Native Cigarette Retailers

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals has thrown out some contraband cigarette charges against the operators of a Native American retail shop, saying in a divided April 6 opinion that some of the sales were legal and some were outside ...read more

Pretrial Rulings Affirmed In N.J.'s First Aredia/Zometa Trial

TRENTON, N.J. - A New Jersey appeals panel yesterday affirmed several pretrial rulings in the state's first Aredia/Zometa jaw injury trial, including one that direct-to-consumer advertising by defendant Novartis Pharmaceuticals Corp. did not trigger ...read more

Judge: Constitutional Standing Applies To Federal Court Competition Law Cases

SAN FRANCISCO - Constitutional standing requirements, not the statutory requirements found in the California unfair competition law (UCL) Cal. Bus. & Prof. Code § 17200 , apply to federal actions, and the lack of likely future injury bars consumers' ...read more

Indiana Appeals Court Finds Suit Over Former Dry Cleaning Site Untimely

INDIANAPOLIS - An Indiana Court of Appeals panel on July 30 found that a lawsuit brought under Indiana's Environmental Legal Action (ELA) statutes that sought contribution toward remediation of tetrachloroethene (PCE) and trichloroethene (TCE) contamination ...read more

Judge Says CITGO Knew Migratory Birds Were Dying In Tanks

CORPUS CHRISTI, Texas - CITGO Petroleum Corp. knew migratory birds were landing and dying in two illegally uncovered oil storage tanks in violation of the Migratory Bird Treaty Act (MTBA), a Texas federal judge said in a Sept. 5 opinion (United States ...read more

Residents Around Convicted Polluter Must File For Victim Status

CORPUS CHRISTI, Texas - Residents of Corpus Christi's Hillcrest neighborhood have 40 days to submit a victim impact statement for consideration at the sentencing of CITGO Petroleum Corp. on charges that it polluted the area by illegally leaving two ...read more

United Kingdom Health, Safety Executive Prosecutes Firm For Unsafe Asbestos Work

LONDON - The United Kingdom Health and Safety Executive (HSE) on Nov. 5 announced that a demolition company was prosecuted and fined 15,000 pounds for exposing workers to asbestos and for illegally removing the material from a property. ...read more

Judge: World Trade Center Properties Must Establish Legally Recoverable Damages

NEW YORK - World Trade Center Properties LLC and its holding companies must establish legally recoverable tort damages exceeding their insurance payments before they can seek recovery of any subrogated insurers' settlement proceeds of the $1.2 billion ...read more

Illinois Supreme Court Permits Legal Malpractice Suit In Manganese Poisoning Action

CHICAGO - The Illinois Supreme Court unanimously ruled Dec. 13 that an Illinois worker with alleged manganese poisoning can pursue a legal malpractice case against attorneys he retained in 1999 to represent him in a workers' compensation action because ...read more

Texas Court Affirms Judgment In Malpractice Case Involving Asbestos Claims

CORPUS CHRISTI, Texas - A woman suffering from a rare form of mesothelioma has not shown that her former attorney committed legal malpractice by filing suit only against a former employer, a divided Texas appeals court held Dec. 28 (Charlotte Hearn v ...read more

Utah Federal Judge Excludes Asbestos Expert's 'Every Exposure' Testimony

SALT LAKE CITY - An expert's opinion that "every exposure" to asbestos contributes to mesothelioma demonstrates science's inability to establish a minimum exposure limit, a federal judge held Jan. 1in excluding the testimony (Linda Smith ...read more