Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
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
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.