Environmental property damage allocation: joint and several does not fly
Article Abstract:
Joint and several liability law should not apply to claims against multiple insurance companies for injury claims due to environmental hazards. Settlements should be calculated according to injury or damages that occur at a specific time within policy periods. The 1993 Pennsylvania Supreme Court in J.H. France Refractories Co. v. Allstate Insurance Co. undermines rejection of joint and several liability in other jurisdictions. Joint and several liability can result in disproportionate awards.
Publication Name: Federation of Insurance & Corporate Counsel Quarterly
Subject: Law
ISSN: 0887-0942
Year: 1998
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Critical employment and environmental law issues in the transfer of a small business: an overview for the general practitioner
Article Abstract:
Numerous employment and environmental law issues need to be carefully considered by parties involved in the transfer of a small business. Employment issues include the transfer of employee benefits, collective bargaining agreements, workers' compensation claims and liabilities under the Family and Medical Leave and Worker Adjustments and Retraining Notification acts. Environmental considerations include the identification of potential sources of liability under CERCLA.
Publication Name: Federation of Insurance & Corporate Counsel Quarterly
Subject: Law
ISSN: 0887-0942
Year: 1996
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Mandatory arbitration of employment claims
Article Abstract:
The 1991 US Supreme Court in Gilmer v. Interstate/Johnson Lane Corp. required that a plaintiff abide by a mandatory arbitration he signed, but employers still must be prudent in setting arbitration policies. Arbitration favors employers who want quick, inexpensive decisions but also allows advantages a plaintiff may not have in litigation. Employers must ensure arbitration policies do not lead to litigation questioning policies.
Publication Name: Federation of Insurance & Corporate Counsel Quarterly
Subject: Law
ISSN: 0887-0942
Year: 1998
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- Abstracts: Environmental torts and punitive damages. A model to assess the economic consequences of punitive damages
- Abstracts: IRS approves changes in asset valuation method and software for defined benefit plans. PBGC proposes changes in plan benefit valuation rules for single-employer and multiemployer plans after mass withdrawal
- Abstracts: MSHA: undermining progress in occupational safety and health. Myths of antitrust progress
- Abstracts: Extension of employment protection rights. Contractual rights. Draft agreement on part-time work
- Abstracts: Potential barriers to the adoption of an HIV vaccine by at-risk individuals. The French blood transfusion system on trial