Articles

Sugarman and Thomas: Can plaintiffs ‘squeeze’ restoration damages out of ELA?

On April 20, 2020, the U.S. Supreme Court issued its decision in Atlantic Richfield Co. v. Christian, No. 17-1498, 140 S.Ct. 1335. The Court’s holding was relatively simple: plaintiffs (Montana landowners) could bring state court claims pursuing cleanup of additional contamination from the “Anaconda Smelter,” but they were first required under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to seek the U.S. Environmental Protection Agency’s (EPA) approval for additional cleanup. While on its face this decision addresses the interplay between CERCLA and Montana state law claims, the ramifications of Atlantic Richfield may be felt in Indiana.

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Finalists for St. Joseph Superior Court resubmitted to Holcomb

Gov. Eric Holcomb has been presented a second time with the same slate of nominees to fill a vacancy on the St. Joseph Superior Court, potentially curing an injunction that had blocked the governor’s appointment after a local commission member sued, claiming two fellow members were ineligible.

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SCOTUS won’t halt Trump tax record turnover

In a significant defeat for former President Donald Trump, the Supreme Court is declining to step in to halt the turnover of his tax records to a New York state prosecutor. The court’s action Monday is the apparent culmination of a lengthy legal battle that had already reached the high court once before.

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Wagner: Policy endorsements may unlock COVID-19 coverage

When restaurants forced to close due to COVID-19 turned to their insurers to offset their losses because they were unable to use their property as intended, many of us thought the prospects for coverage were good, especially under policies that did not have virus exclusions. But the insurance industry response was fierce.

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