» John Edgcomb
Todd Tholke v. Sailing Vessel Energy Team AC45 Litigation Successfully Resolved, Energy Team Thanks Tholke
May 11th, 2013
ELG is pleased to announce that it has confidentially resolved all claims arising out of Todd Tholke v. Sailing Vessel Energy Team AC45, Civ. No. 12-05162, Northern District of California. The case involved local sailor Todd Tholke’s salvage and re…
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Federal Court’s Dismissal of Buyer’s Fraud Action in Allegedly Contaminated Gas Station Sale Highlights the Need for Land Purchasers to Conduct Independent Environmental Assessments
October 1st, 2012
A Washington federal district court denied purchaser Pyramid Gold, Inc.’s claim that it was misled as to the level of contamination present at the gas station it purchased from BP West Coast Products, LLC. Pyramid Gold agreed to the sale after rece…
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Federal Court Dismisses CERCLA Suit based on Lack of Necessary Response Costs
September 25th, 2012
By Clare Bienvenu & John D. Edgcomb In Stratford Holding, LLC v. Fog Cap Retail Investors, et al., Stratford Holding LLC (“Stratford”) sued its lessees, Fog Cap Retail Investors LLC (“Fog Cap”) and Foot Locker Retail Inc. (“Foot Locker…
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Edgcomb Law Group Moves & Changes Business Form
September 22nd, 2012
Edgcomb Law Group is pleased to announce its move to the prestigious McKesson Plaza at One Post Street, Suite 2100, San Francisco, CA. The majestic skyscraper is home to the McKesson Corporation’s headquarters and is located in San Francisco’s fi…
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Categories: Announcement
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California Bill Limiting Deposition Time Set to Take Effect January 1, 2013
September 21st, 2012
This week Governor Jerry Brown signed A.B. 1875 into law, adding Section 2025.290 to the California Code of Civil Procedure. The law, which will take effect on January 1, 2013, requires that many depositions be limited to seven hours in total. While…
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Categories: Environmental Litigation
Federal District Court Allows Chevron to Proceed with a CERCLA § 107 Cost Recovery Action to Attempt to Hold Non-Settling “Smaller Responsible Parties” Jointly and Severally Liable for All Response Costs
September 11th, 2012
The United States District Court for the Eastern District of California denied defendants’ motion to dismiss in Chevron’s CERCLA § 107 cost recovery action against them in connection with the EPC Eastside Disposal Facility site outside of Bakers…
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California Supreme Court Invalidates the Last Vestiges of the Common Law Release Rule – Plaintiffs May Recover the Unsatisfied Portion of All Awarded Damages from Nonsettling Joint Tortfeasors, Even in the Absence of a Good Faith Settlement
September 6th, 2012
Until the California Supreme Court’s recent ruling in Leung v. Verdugo Hills Hospital, S192768, the common law release rule was technically still good law in California. Yet, the rule has long lain dormant due to jurisprudence and legislation that…
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State of California v. Continental Insurance: California Supreme Court Ruling Paves the Way for “Stacking” Multiple Insurance Policy Limits in Response to Certain Environmental Cleanup Claims
August 30th, 2012
On August 9, 2012, in State of California v. Continental Insurance, S170506, the California Supreme Court applied the “all sums-with-stacking” rule to allow the State of California to “stack” the policy limits of several successive insurance…
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ELG wins Summary Judgment for CNA in Asarco’s $33M CERCLA Contribution Claim Suit
June 29th, 2012
On June 6, 2012, U.S. District Judge William Alsup granted summary judgment to ELG client CNA Holdings, LLC (“CNA”) in a CERCLA § 113(f) contribution suit brought against it by Asarco LLC. COURT ORDER Asarco filed the suit in 2011 against CNA, a…
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