Colorado Takes On The Issue of Preemption of Local Fracking Ban

August 5, 2014

Last month, I posted on the New York Court of Appeals highly charged decision addressing preemption of local fracking bans within the state of New York.  There, the Court rejected the oil and gas companies’ preemption argument, upholding the local fracking ordinances under the towns’ home rule authority. This month, a Colorado District Court found just […]

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Updated Data Released on “Cancer Cluster” in Texas Town Near Fracking Operations

August 1, 2014

Back in April, I blogged about a report released by a professor at the University of Texas suggesting that there was a “cancer cluster” in the Town of Flower Mound, Texas — and that a prior State study suggesting otherwise was flawed.  In particular, the professor criticized the State’s use of a 99% confidence interval as too […]

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Eleventh Circuit Dismisses Corporate ATS Case

July 25, 2014

We’ve been following with great interest developing case law concerning the Alien Tort Statute (ATS) (see here), including Cardona, et al. v. Chiquita Brands Int’l, Inc., et al.  The Chiquita case represents a victory for corporate defendants, and reinforces the Supreme Court’s narrowing of the ATS. By way of background, the ATS allows foreigners to bring […]

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Ascertainability: The Implicit Prerequisite That May Help You Defeat Class Certification

July 24, 2014

There are many avenues defendants may pursue in their attempts to prevent class certification in federal courts, particularly post-Dukes.  One of those avenues is challenging “ascertainability,” the certification factor that has proven to be the Achilles’ heel of some consumer class actions. Ascertainability refers to the ability, through use of objective criteria, to identify the members of […]

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New York Court Of Appeals Reminds Litigants That The Subtleties Of Jury Instructions Matter

July 18, 2014

Earlier this month, the New York State Court of Appeals – New York State’s highest court – reversed a decision in a product liability action based on a jury instruction that listed an improper standard.  The case – Reis v. Volvo - involved a claim for defective design of an automobile, and much of the evidence […]

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