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Two federal programs administered by the United States Environmental Protection Agency (the “EPA”) provide financial assistance in the form of grants and rebates to public and non-profit entities seeking to replace their existing buses and trucks into clean vehicles. The most recent program was...
This month’s Friday Five covers cases relating to augmentation of the administrative record following new rationales, attempted alternative ERISA causes of action, untimely ERISA claims, plans governed by ERISA even in the absence of a written plan document, and the limited weight given to residual...
The Inflation Reduction Act (the “IRA”), signed into law on August 16, 2022, appropriates nearly $27 billion to provide financial assistance to certain entities in their efforts to reduce greenhouse gases. This “Greenhouse Gas Reduction Fund” (the “Fund”) is available to a wide range of recipients...
Attorney: Judge handed down ‘irresponsibly soft, weak’ sentence for Steve Bannon Attorney Jeff Robbins shares his concerns after former Donald Trump advisor Steve Bannon is sentenced in his Contempt of Congress case.
On October 17, 2022, the New Jersey Department of Environmental Protection (NJDEP) published interim soil remediation standards (Interim SRS) in the NJ Register (54 N.J.R. 1980(a)) for four per- and polyfluoroalkyl substances (PFAS) compounds: perfluorononanoic acid (PFNA); perfluorooctanoic acid...
The Lawsuits and Law Firms Behind the Gaming Industry Another source of litigation for the games indsutry are so-called “loot boxes,” or purchasable opportunities to receive in-game items, with more powerful or valuable items being rarer. Loot boxes have been likened to gambling by regulators and...
This month’s Friday Five covers cases relating to the interpretation of time periods for claims under life insurance and disability plans, a situation where three separate administrators handled a disability benefits claim (but came to different decisions), the Eleventh Circuit’s parsing of...
Groups seek to halt Nice Bridge demolition, preserve bike/pedestrian path “Defendants never built the bridge they approved or reviewed in 2012; they built something else,” wrote the lawyers for the plaintiffs, Thomas K. Prevas and Anamika R. Moore of Saul Ewing LLP. “The new bridge provides no safe...
It is not a good thing for a litigant when an esteemed United States District Judge begins a decision with a statement such as the following: As the court has repeatedly told defendants … this case has generated more meritorious motions to compel and for sanctions against defendants for failure to...
Twitter to interview Elon Musk, known for combative testimony Musk's lawyers will want to keep him focused on answering questions, but that can be a challenge with such a smart and opinionated witness, said James Morsch, a corporate litigator who is not involved in the court battle. "I would compare...
This month’s Friday Five covers cases relating to interpretation of ambiguous policy terms, evaluation of claimant’s expert witness, inclusion of law firms as appropriate parties from whom plan administrators may seek equitable relief, transfer of cases from the claimant’s choice of venue, and...
On July 27, 2022, Florida Governor Ron DeSantis announced legislative proposals and initiatives that would prevent State Board of Administration (SBA) fund managers from considering environmental social and governance (ESG) factors when investing the state’s money. Instead, the proposed legislation...
On August 4, 2022, the New Jersey Department of Environmental Protection (“NJDEP”) filed suit against Monsanto Co., Pharmacia LLC and Solutia, Inc., seeking to hold them liable for PCB contamination throughout New Jersey. ( Complaint). While the suit also addresses contamination at Monsanto’s...
This month’s Friday Five addresses cases considering: (1) whether monetary relief in the amount of lost benefits is an available remedy for breach of fiduciary duty; (2) the validity of an ex-spouse’s beneficiary designation that contradicts a subsequent divorce decree; (3) if waiver of a pre...