Court's waste-test order helps lenders

Article Abstract:

An injunction ordered at the request of the Resolution Trust Corp (RTC) regarding environmental assessment of properties prior to a foreclosure may benefit lending institutions. The order, issued in Dec 1991 by the US District Court for the Southern District of New York, requires the mortgagors to allow the RTC to test the properties in question. The RTC wishes to determine the properties' status with regard to CERCLA. Lenders may benefit from this ruling, which would give them the right to know whether CERCLA violations have occurred on properties they are considering foreclosing.

Environmental aspects, Foreclosure, Toxic torts, Lender liability

---

Cases split on medical-device claim pre-emption; courts differ in applying the test set out in 'Medtronic' to decide if U.S. law pre-empts tort claims

Article Abstract:

The results in medical products lawsuits in the year since the US Supreme Court's 1996 ruling in Medtronic, Inc. v. Lohr have been mixed, despite some commentators' predictions that the ruling signified the end of federal pre-emption of state law medical claims. The preemption analysis starts with Section 360(k) of the Medical Device Amendments of 1976, stating that state laws may not contain regulations of medical devices substantially different from those of that law. The Supreme Court ruling identified the criteria necessary for preemption to occur.

United States, Analysis, Laws, regulations and rules, Medical equipment

---

Circuit courts split on scope of FIFRA

Article Abstract:

Federal appellate courts disagree as to whether the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) preempts state pesticide tort claims based on insufficient labeling and failure to warn. The DC Circuit Court ruled in Ferebee v Chevron Chemical Co that state claims are not preempted by FIFRA. The 11th Circuit in Papas v Upjohn Co and the 10th Circuit in Arkansas-Platte & Gulf Partnership v Van Waters & Rogers Inc held that FIFRA preempts state actions.

Environmental protection, Pesticides

Similar abstracts:

• Abstracts: Court offers 'capital' test for characterizing expenses. Study up on financing a child's college education. Taxes play a big role in smaller corporation acquisitions
• Abstracts: Court sides with lawyer on expenses; Ninth Circuit says deductions are permissible in some contingency-fee cases
• Abstracts: Court secrecy dealt yet another blow. Tax Court scrutinizes a defense; innocent spouse. Texcas ADA caseload puts 5th Circuit in major role; plaintiffs, EEOC are likely to suffer setbacks from court that continues to define disability narrowly, lawyers say
• Abstracts: Dilemma of drugs on campus; do law students get quiet counseling - or reported to the bar? His ex-students say Bill Clinton was good, if a little distracted

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.