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Lead-Paint Claims in VT and GA
Thirty years after its introduction, the absolute pollution exclusion continues to be the subject of vigorous litigation, recently reaching the supreme courts of Vermont and Georgia. In December 2015, the Vermont Supreme Court issued its decision in Whitney v. Vermont Mutual Insurance Co., No. 2015-073, 2015 WL 8540432 (Vt. Dec. 11, 2015), in which it refused to limit the absolute pollution exclusion to “traditional” environmental claims. Many had wondered whether the Georgia Supreme Court would follow suit, which it did in its recent ruling in Georgia Farm Bureau Mut. Ins. Co., No. S15G1177, 2016 WL 1085397 (Ga. Mar. 21, 2016), reaffirming its earlier determination that the exclusion is not subject to a limiting gloss arising out of its original purpose of reinforcing the earlier qualified pollution exclusion. Cf. Reed v. Auto-Owners Ins. Co., 284 Ga. 286 (2008). Indeed, both cases find that the injury-causing agent falls within the definition of a “pollutant.”
1. VT Finds Absolute Pollution Clause Not Inherently Ambiguous
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.