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WASHINGTON, D.C. — (Mealey's) A U.S. Supreme Court majority today reversed a Fourth Circuit U.S. Court of Appeals panel’s ruling reinstating a lawsuit brought under the Comprehensive Environmental Response, Compensation, and Liability...

In an opinion strictly interpreting the statutory text of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the U.S. Supreme Court limited the scope of a CERCLA provision that is designed to extend state law claims for...

By John E. James and Michael B. Rush, Attorneys, Potter Anderson & Corroon LLP In their article appearing in the May/June 2011 issue of Coverage , "Mandatory Provisions-Not in My State-McCarran-Ferguson, the FAA, and Reverse Preemption,"...

By R. Dean Conlin, Partner, Locke, Lord, Bissell & Liddell, L.P. Small employers have struggled to have the same funding and plan design flexibility and uniform plan coverage for group health insurance as larger employers. A fully insured, multiple...

By Barry Zalma, Attorney and Consultant In 1987 the U.S. Supreme Court decided Pilot Life Insurance Co. V. Dedeaux, 481 U.S. 41, 95 L. Ed. 2d 39, 107 S. Ct. 1549 (U.S. 04/06/1987) , that held that the Employee Retirement Income Security Act of 1974...

By Barry Zalma, Attorney and Consultant James Grissom purchased flood insurance for his home in Pascagoula, Mississippi under the Federal National Flood Insurance Program ("NFIP"). Grissom was eligible for a preferred risk insurance policy...

The U.S. Supreme Court reverses a 2nd Circuit ruling allowing states' lawsuits over greenhouse gas emissions, and the high court reverses certification of a WalMart gender class. Listen to the third story on the podcast for this historic greenhouse...

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 20 unanimously reversed a Second Circuit U.S. Court of Appeals ruling that allowed five states to pursue lawsuits under the Clean Air Act (CAA) that sought court-imposed limits on the greenhouse...

Several States, a city, and land trusts filed federal common law public nuisance claims against various power companies; they requested that the court set CO2 emission limits. In American Electric Power Co. et al v. Connecticut et al , 2011 U.S. LEXIS...

On August, 20, 2013, the U.S. Court of Appeals for the Third Circuit issued a ruling reversing dismissal of common law claims brought by a group of residents who live near a coal-fired power plant in Springdale, Pennsylvania. Bell v. Cheswick Generating...

By Steven Jones, Partner, Marten Law PLLC "In an 8-0 opinion, the U.S. Supreme Court held on June 20 in American Electric Power Co. v. Connecticut (AEP) that federal courts do not have jurisdiction to hear federal common law nuisance claims relating...

Here is my instant analysis of the decision just issued by the Supreme Court in American Electric Power v. Connecticut , the case in which several states and others sought a court order requiring several large electric utilities to reduce their greenhouse...

On September 5, 2012, U.S. District Court Judge Frederick J. Martone ruled that an Arizona state constitutional amendment addressing how employees choose a union was not on its face preempted by the National Labor Relations Act. The NLRB had filed suit...

By David L. Hotchkiss The Pennsylvania Supreme Court has unanimously ruled in a decision which narrowly interprets the preemption provision of the Surface Mining Conservation and Reclamation Act of November 30, 1971. On November 23, 2011, the Court...

"The question before the Court is whether federal law preempts and renders invalid four separate provisions of the state law. ... The issue is whether, under pre­emption principles, federal law permits Arizona to imple­ment the state-law...