The rules that govern civil litigation in federal courts require parties to produce potentially relevant documents (including electronically stored information or “ESI”) that are in the party’s “possession, custody, or control.” The rules do not define “possession, custody, or control,” although that phrase can apply to massive amounts of data, especially now that potentially relevant […]Read more "Scope of Duty to Produce Documents May Depend on Your Legal Rights: Do You Know Them?"
Damage to an oil well is injury to real property. The measure of damages depends on if the injury to the real property was temporary or permanent. In Premium Valve Services v. Comstock Oil & Gas, the First Court of Appeals, a mid-level Texas appellate court, reversed a multi-million dollar award for Comstock. The Court […]Read more "Jury Must Decide if Oil Well Can Be Repaired Before Assessing Damages"
On August 9, 2016, a jury in a California federal court convicted Pacific Gas & Electric (“PG&E”) of six criminal counts. PG&E’s conviction was not related to the cause of the San Bruno explosion in 2010, where eight people died, although PG&E was convicted of one count of obstructing the National Transportation Safety Board’s investigation […]Read more "Companies Face Criminal Convictions for Mistakes in Data Gathering and Record Keeping"
The U.S. Court of Appeals for the District of Columbia Circuit dismissed industry challenges to the Major Boilers Rule, the Area Boilers Rule, and the Commercial/Industrial Solid Waste Incinerators Rule. In one particular component of its rejection of industry’s challenge, the DC Circuit highlighted the power of the EPA in implementing environmental statutes. Setting MACT […]Read more "D.C. Circuit Decision Highlights the Power of the EPA"
The U.S. Court of Appeals for the Ninth Circuit ruled that historic air emissions from a smelter in Canada cannot provide the basis for liability under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”, also called “Superfund”). In essence, the 9th Circuit ruled in Pakootas v. Teck Cominco Metals that emitting air pollutants does […]Read more "CERCLA Disposal Does Not Include Air Emissions"