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.

Insurance claims adjustment, Pennsylvania, Claims adjustment (Insurance), Joint and several liability

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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.

Small business, Business enterprises, Liability of successor corporations, Corporate succession liability, Transfer (Law), Business registration, states

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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.

Usage, Negotiation, mediation and arbitration, Employment discrimination, Labor arbitration

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