Successfully represented three plaintiffs in separate
cost recovery actions in state court for petroleum contamination.
He has conducted settlements with the United States Environmental Protection Agency, and has been engaged in complex Superfund litigation and private
cost recovery actions under the Comprehensive Environmental Response, Compensation and Liability Act («CERCLA»), the Resource Conservation and Recovery Act («RCRA») and various state and environmental laws.
Example: Environmental Practice Group Trends: -
Cost recovery actions - Insurance coverage issues
- Increase billable hours associated with insurance
cost recovery actions by 10 % over last fiscal year.
He has also directly handled both the prosecution and defense of many
cost recovery actions involving both private PRP's and government agencies.
Michael E. Gallagher is a Partner who defends clients in complex environmental and toxic tort matters, including
cost recovery actions in Superfund cases, multi-party toxic torts, and litigation related to pharmaceuticals and medical devices.
With more than 20 years of experience, Bick has handled
cost recovery actions under CERCLA, RCRA and the state equivalents; defense of agency enforcement actions, including criminal defense; mass toxic tort defense; CEQA, NEPA and ESA litigation; green chemistry and e-waste compliance; and corporate transactions and responsibility counseling.
Our attorneys have been representing business clients at the highest level for the past 25 years in private
cost recovery actions, government enforcement actions, criminal actions, citizen suits, toxic tort cases, corporate and real estate transactions, compliance counseling and rule - making proceedings.
Alan has extensive experience in
cost recovery actions under CERCLA, RCRA, and the state equivalents; defense of agency enforcement actions; mass and toxic tort defense; natural resource damage actions; CEQA, NEPA and ESA litigation.
Ms. Henderson has experience in general civil litigation, as well as construction defects, labor law, premises liability, employment disputes and
cost recovery actions.
We also work with experts to prepare fair and reasonable allocations between multiple PRPs and we represent our clients vis - à - vis other PRPs in contribution or
cost recovery actions to obtain funds for cleanups.
Defended a multi-million dollar State law
cost recovery action in Southern California involving solvent contamination arising from manufacturing of printed circuit boards; and
Not exact matches
«Taking such reckless
action while the
recovery is still fragile will
cost jobs and put the hard - won
recovery people have worked for at risk.»
A buyer injured by a violation of this Part or by a credit repair services organization's breach of contract subject to this Part may maintain an
action in a court of competent jurisdiction for
recovery of actual damages plus
costs of suit and reasonable attorney fees, which shall be measured by the time reasonably expended by the consumer's attorney and not by the amount of
recovery.
To the fullest extent permitted by law, by your access to the Sites, you agree that: (i) any claim, dispute or cause of
action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New
action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS
ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New
ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of
action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New
action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of
action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New
action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your
recovery will be limited to actual out - of - pocket
costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of
recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of
action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New
action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of
action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New
action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York).
I understand and agree that I will pay ABR's
costs of
recovery, court
costs, and attorney fees should ABR be forced to pursue legal
action against me in order to enforce this Foster Agreement.
The first statute, the Medical Care
Recovery Act («MCRA»), 42 U.S.C. § § 2651 - 2653, provides the Government with a cause of
action to recover certain specified health care
costs it pays to treat individuals injured by a third - party's tortious conduct (Count 1).
Friends of the Earth worked with local and national groups including the Environmental Law and Policy Center, the Iowa Chapter of the Sierra Club, Green State Solutions, Iowa PIRG, Iowa Environmental Council, Iowa Farmers Union, Iowa Move to Amend, CREDO
Action and Physicians for Social Responsibility in the debate about the
cost recovery bill, taking out radio and TV ads, phoning more than 100,000 Iowans, and mobilizing thousands of activists who called and wrote their elected officials.
Lightfoot represented a group of Potentially Responsible Parties in a CERCLA
cost -
recovery action involving an abandoned lead - smelting facility that was listed on the National Priorities List.
We have tried CERCLA
cost -
recovery actions and natural - resource damage claims, as well as assisted clients with environmental permitting and compliance work.
Legislation: The applicant brought an
action under the Tobacco Damages and Health Care
Costs Recovery Act to recover tobacco - related health - care costs from tobacco defend
Costs Recovery Act to recover tobacco - related health - care
costs from tobacco defend
costs from tobacco defendants.
In a stunning act of judicial deference this keen use of the broad discretion to award
costs has allowed a personal injury claimant to
recovery the legal
costs of a claim despite dismissal of the
action.
If you have been hurt by someone else's
actions, you shouldn't have to bear all the
costs of your
recovery
Whether acting on the defence of large class
action proceedings, the pursuit of subrogated
recovery in highly technical matters, or resolving claims within modest deductibles, lawyers within our Products Liability Group are committed to working closely with our clients to implement
cost - efficient, innovative, and proactive solutions.
Krista deBoer has extensive experience in environmental litigation, regulatory enforcement
actions and administrative matters involving tort claims, cleanup and abatement orders under the California Water Code, CERCLA allocation and
cost -
recovery, RCRA site closures, citizen suits under the Endangered Species Act, and CEQA
Berger & Montague's consumer class
action cases are typically litigated on a contingent fee basis, so plaintiffs and the class do not pay attorneys» fees or court
costs unless there is a
recovery.
Acting for a UK captive of AstraZeneca seeking
recoveries from reinsurers in respect of legal
costs incurred in defending the US Seroquel product liability group
action involving 30,000 plaintiffs.
We represent businesses in toxic tort and common law
actions, white collar crimes, CEQA
actions, Proposition 65
actions, CERCLA and state Superfund
cost recovery and contribution
actions, as well as government agency enforcement
actions arising under CERCLA, RCRA, CWA, CAA, and other federal, state, regional and local laws.
In this
action, the plaintiffs allege that Shoppers breached its Associate Agreements by charging excessive
cost recovery fees and equipment rental fees as well as issues pertaining to leasing and commercially unreasonable procurement and inventory policies.
We leverage our trial skills as a negotiating tool when defending private or public agency lawsuits, handling
cost -
recovery actions, negotiating environmental remedies, and compelling insurance coverage for environmental liabilities.
Damages recovered from an Illinois personal injury claim may vary and can include
cost of medical bills, lost wages during treatment and the
recovery period, future
recovery costs, pain and suffering, and punitive damages to punish the defendant for negligent or careless
actions.
His reported cases include RH Green & Silley Weir v BR (limitation period against 3rd party), de Bry v Fitzgerald (security for
costs), Hartt v Newspaper Publishing (libel concerning a work by Michelangelo), Pearson v Sanders Witherspoon (valuation of loss of chance), Siebe Gorman v Pneupac (status of consent orders), Senate Electrical v NTL (liability of an employee for acquisition warranties) and Bendell v Smith & Others (a successful
recovery action by a lender on a shared appreciation mortgage equity release — the only such case to go to trial).
He has participated in some of the region's most complex CERCLA Superfund sites, defended clients in CWA litigation in federal district court and in administrative proceedings, and represented clients in
cost recovery and contribution
actions.
The cause of
action for
recovery of legal aid
costs in respect of a revoked legal aid certificate is complete, and time therefore begins to run for limitation purposes, from the date of revocation of the certificate, not the date on which
costs are taxed.
If the
costs had been determined and if the
costs had been paid, then the cause of
action was complete because the right of
recovery had been conferred by reg 86 and all necessary facts and all constituent elements would have been ascertained.
Threshold — The type of damage or injury or the
cost of repair or
recovery that triggers the need for legal
action.
Objective: Resumes reserves the right to the initiation of such legal proceedings and to the
recovery of
costs related to such legal
actions from clients in breach of this agreement.
Capias Capias Mittimus CAPTA (Child Abuse Prevention and Treatment Act) Caption Case Management Cause of
Action CEJ (Continuing Exclusive Jurisdiction) Central Authority Certification Certified Divorce Financial Analyst Cestui Que Trust Charge to Jury Child Abduction Child Abuse and Neglect Child Representative Child Support Enforcement Child Support Guidelines Child Support Payment Children's Rights Circuit Court Citation Civil Code Civil Contempt Civil Law Civil Liberties Civil Rights Civil Union Clear and Convincing Evidence Classifications of Law Clerk of the Court COBRA (Consolidated Omnibus Budget Reconciliation Act) Codicil Cohabitation COLA (
Cost of Living Adjustment) Collaborative Divorce Collaborative Law Commencement of
Action Common Law Common Law Marriage Community Property Competency Complainant Complaint for Divorce Concurring Opinion Condonation Confidential Privilege Conflict of Interest Conjugal Rights Consanguinity Consent Order Conservator Consolidation Constitution Contemnor Contempt of Court Contested Divorce Contingency Fee Continuance Contract Co-Respondent Corroborative Witness
Cost Analysis Counsel Counseling Count Counterclaim Court Court
Costs Court of Equity Court Order Court Reporter Court Services Officer Covenant Marriage Coverture CRC (Children's Rights Council) Criminal Contempt Cross-Examination Cruel and Abusive Treatment CSRA (Child Support
Recovery Act) Custodial Parent Custody Custody Affidavit Custody Evaluation Custody Preference