In a decision released on June 25, 2014, the US Court of Appeals for the Second Circuit held that ASARCO LLC could not maintain CERCLA cost recovery actions against the trustees of residuary trusts created by the will of John D. Rockefeller, Sr. ASARCO, as part of its emergence from…
As discussed more fully in my advisory titled EPA Proposes to Eliminate Dual Standard for “All Appropriate Inquires” under CERCLA, on December 30, 2013, EPA published a final rule authorizing use of ASTM E1527-13 to comply with the Appropriate Inquiries (“AAI”) requirements for the innocent landowner, bona fide prospective purchaser,…
Today, Pillsbury attorneys Matthew Burke and Craig Becker published their advisory titled Ocean Avenue LLC v. County of Los Angeles Affirmed; AB 2372 Passes Assembly. The Advisory discusses the California Court of Appeal for the Second Appellate District’s June 3, 2014 order affirming the Superior Court ruling in Ocean Avenue…
For most industries, attracting both male and female consumers is a must, but successfully engaging both genders is not always easy. It is becoming more difficult given that both genders’ roles continue to change and their views on gender roles are ever evolving. In Monster Myth: Marketing To Women Alienates…
In an Federal Communications Commission (CMC) matter, Sorenson Communications, Inc. v. FCC, the DC Circuit vacated an interim rule promulgated by the FCC without going through notice and comment. The agency argued that it had “good cause” to dispense with the Administrative Procedure Act (APA) in this instance. The court…
In LAN/STV, a Joint Venture of Lockwood, Andrews & Newman, Inc. v. Martin K. Eby Construction Company, Inc., the Texas Supreme Court considered “whether the rule permits a general contractor to recover the increased costs of performing its construction contract with the owner in a tort action against the project…
UPDATES: Ayala v. Antelope Valley Newspapers Inc., ___ Cal. ___ (Jul. 1, 2014)–California Supreme Court clarifies the test for independent contractor status; Ruiz v. Affinity Logistics Corp., 2014 BL 166620, No. 12-56589 (9th Cir. Jun. 16, 2014)–Ninth Circuit found “overwhelming evidence” that the defendant controlled details of the delivery drivers’…
The U.S. Supreme Court has agreed to review two decisions of the DC Circuit, which held that “when an agency has given its regulation a definitive interpretation, and later significantly revises that interpretation, the agency has, in effect amended its rule, something it may not accomplish [under the Administrative Procedure…
Recently, Starbucks has been in the news for “giving its baristas a shot at an online college degree.” Starbucks has reportedly team upped Arizona State University to offer certain of its employees access to an online undergraduate degree available at a steep discount (the “Starbucks College Achievement Plan”). Starbucks and…
Beginning in the fall of 2014, the University of Texas at Arlington plans to offer a new Master of Construction Management (MCM) degree with an option to take courses online to help meet industry demand in Texas, especially in the thriving North Texas region. It will focus on management of…