Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be “organic,” “green,” or “eco-friendly.” While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical. As a result of past disposal practices and spills of perc, many current and former dry cleaning sites are contaminated. By some estimates, 75% of dry cleaner facilities operated in past decades have caused environmental contamination. Cleanup costs range from tens of thousands of dollars to several million dollars.
Forest Park National Bank & Trust v. Ditchfield, 10 CV 3166 (N.D. Ill. May 21, 2010), presents a typical “dry cleaner contamination” fact pattern. In that case, a bank foreclosed on an Illinois residence, and then filed a lawsuit in federal court against the owners and operators of an adjacent strip mall and its dry cleaning tenant. The bank contends that after acquiring the residence, it learned that perc from the dry cleaner had leached into the soil and groundwater under the residence. Even though the residence is located on a block targeted by the city for a big redevelopment project, the bank claims that it has not been able to sell the property because of the perc contamination. The bank sought compensatory damages in excess of $100,000. Certain defendants filed a third-party complaint against their insurer alleging that it failed to provide defense and indemnity against the underlying suit.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.