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The Applicability of the Absolute Pollution Exclusion to Welding Fumes Claims
Litigation over the 'total' or 'absolute' pollution exclusion has grown over the past several years. The exclusion typically precludes coverage for any claims resulting from 'actual or threatened discharge, dispersal or release of any Pollutant.' 'Pollutant' is often defined as any type of 'irritant or contaminant,' including, among other things, smoke, soot, fumes, vapors, and chemicals. Despite the seemingly straightforward language of the exclusion, courts are divided over its application.
On one side, some courts hold that the exclusion is unambiguous, is indeed absolute, and applies to any set of facts that comes within its terms. Other courts have concluded that the exclusion is ambiguous and does not apply where the pollution in question goes beyond 'traditional' environmental pollution claims, e.g., landfill leaks and oil spills. Litigants and courts are now struggling with whether the exclusion also encompasses other types of claims that, on their face, would appear to fall within the exclusion's definitions, e.g., lead paint, carbon monoxide poisoning, and other toxic exposure claims (which some courts have deemed 'non-traditional' pollution claims).
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.