Environmental Litigation Trends: What Is Heating Up besides the Climate?
Activist shareholders, public watchdog groups, and governmental agencies are using litigation to persuade corporations to meaningfully address environmental and social issues.
Summer 2023 | Environmental Litigation
Volume 52, Issue 4
Features
A Survey of Trends in PFAS Regulation and Litigation
PFAS regulation and litigation have escalated in recent years, coinciding with an increase in research and public interest in the ecological, environmental, and human health impacts of PFAS.
The New Wave of Coverage Issues Presented by Opioid-Related Liability
As more courts conclude that opioid-related liability does not fall within general liability coverage, policyholders and their counsel are focusing on claims-made life sciences and E&O policies.
Primary and Noncontributory Provisions and Priority of Coverage
Depending on how courts interpret the endorsements, an insured's additional insured coverage under another carrier's policy may be deemed excess to its own coverage.
Third-Party Claimants and Insurance Coverage Declaratory Judgment Actions
Whether an injured third-party claimant can (or must) be named in the insurance coverage action involves consideration of a number of legal factors.
Finding a Safe Harbor for Arbitration Clauses in Attorney-Client Engagement Agreements
Courts and state ethics committees hold somewhat divergent views as to what steps a lawyer must carry out to ensure that an arbitration provision will be enforced if later contested by the client.