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.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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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.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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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.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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- 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
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