Tuesday, October 7, 2014

Joseph Adinolfe, et al v. United Technologies Corporation

Joseph Adinolfe, et al v. United Technologies Corporation - 10/6/14. In the U.S. Court of Appeals, Eleventh Circuit, Case Nos. 12-16396, 12-16397. The consolidated appeals concern the dismissal with prejudice of a class action lawsuit brought by hundreds of parties against United Technologies Corporation d.b.a. Pratt & Whitney, an aircraft and rocket engine manufacturer, for damages resulting from purported groundwater contamination. The Panel reversed and remanded.

Sturgeon v. Masica

Sturgeon v. Masica - 10/6/14. In the U.S. Court of Appeals, Ninth Circuit, Case No. 13-36165. The panel affirmed the district court's summary judgment in favor of federal appellees, and vacated the judgment against intervenor/appellant State of Alaska, due to its lack of standing, in an action brought by John Sturgeon challenging the National Park Service's enforcement of a regulation banning the operation of hovercrafts on the Nation River.

Monday, October 6, 2014

Ruby Hiser v. XTO Energy, Inc.

Ruby Hiser  v.  XTO Energy, Inc. - 10/3/14. In the U.S. Court of Appeals, Eighth Circuit, Case No. 13-3443. Ruby Hiser won a jury verdict against XTO Energy, Inc. XTO moved for a new trial, alleging that extraneous, prejudicial information [related to fracking]] was brought to the jury's attention. The district court denied the motion and declined to subpoena the jury foreperson. XTO appeals. The Appeals Court affirmed the district court ruling.
 
Environmental Information Specialists -- WIMS Daily Environmental HotSheet -- eNewsUSA blog -- EcoBizPort.com
 

Thursday, October 2, 2014

In Re: Urethane Antitrust Litigation

In Re: Urethane Antitrust Litigation - 9/29/14. In the U.S. Court of Appeals, Tenth Circuit, Case No. 13-3215, involving Dow Chemical Company v. Seegott Holdings, Inc. The Panel concludes, "We affirm, rejecting Dow's challenges to the order for class certification, the refusal to decertify the class, the admission of Dr. McClave's testimony, the sufficiency of the evidence, and the award of damages."

Monday, September 29, 2014

Smith Lake Improvement and Stakeholders Association v. FERC, et al.

Smith Lake Improvement and Stakeholders Association v. FERC, et al. - In the U.S. Court of Appeals, D.C. Circuit, Case No. 13-1074. The Panel said, "Petitioner Smith Lake Improvement and Stakeholder Association asserts various claims against Respondents FERC, the Secretary of Interior, and the Secretary of Agriculture relating to the Commission's issuance of a license order. Intervenor Alabama Power moved to dismiss the Association's petition for review on the ground that we lack jurisdiction because the appeal was untimely. We agree and grant the motion."

Friday, September 26, 2014

USA v. NCR Corporation

USA v. NCR Corporation - 9/25/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 13-2441 & 13-2447. Two decisions related to the cleanup of the Lower Fox River and Green Bay Su-perfund Site in northeastern Wisconsin. The Panel said, "We have deconsolidated the appeals of two PRPs, and we will resolve only the appeals of NCR and Glatfelter in this opinion. . . The district court's summary judgment rulings on the propriety of the remedy and Glatfelter's liability are AFFIRMED. The permanent injunction entered by the district court is VACATED. The declaratory judgment entered by the district court is AFFIRMED as to Glatfelter, but VACATED as to NCR, and Case No. 13-2441 is REMANDED for the district court to reconsider NCR's divisibility defense consistent with this opinion. Circuit Rule 36 shall not apply on remand."

Thursday, September 25, 2014

Friends of the Wild Swan v. Weber

Friends of the Wild Swan v. Weber - 9/24/14. In the U.S. Court of Appeals, Ninth Circuit, Case Nos. 13-35817 & 13-35819. The panel affirmed the district court's denial of two preliminary injunctions in plaintiff environmental groups' challenges to the United States Forest Service's approval of two neighboring logging projects in Montana's Flathead National Forest.