HOT DOCS

ENVIRONMENTAL LAW – Native Vill. of Kivalina v. ExxonMobil Corp.

OPINION – The 9th Circuit has refused revive federal public nuisance claims brought by an Alaskan Eskimo village against various energy companies over greenhouse gas emissions that have allegedly contributed to global warming and eroded the sea ice that once protected the village’s coastline from winter storms. (9th Cir.)

PRODUCT LIABILITY – Jones v. Staubli Motor Sports

OPINION – Staubli’s race car refueling mechanism malfunctioned, resulting in a fire that injured Jones. There is an issue of fact relating to the mechanism’s failure, because Staubli later threw the mechanism away. Staubli’s defense of a break in the chain of proximate cause fails because the events after the mechanism’s failure were foreseeable. (S.D. Ohio)

CLASS ACTIONS – MP Vista Inc. v. Motiva Enters. LLC

OPINION – Gas station owners received contaminated gas from Motiva, who warned them to stop selling the gas until testing determined its safety. Some stations closed, and some stayed open. Some were tested right away, some waited longer. The plaintiffs’ individual situations differ enough that no law or facts predominate for a class under Rule 23(b)(3). (E.D. La.)

CONSUMER PROTECTION – In re Checking Acct. Overdraft Litig.

OPINION – The court preliminarily approves a settlement between TD Bank and its checking account holders, giving the plaintiff class members $62 million, with no admission of liability by TD. The settlement is reasonable and there is good cause to schedule a final approval hearing according to Rule 23. (S.D. Fla.)

ENVIRONMENTAL LAW – Env’tal World Watch LLC v. The Walt Disney Co.

COMPLAINT – Plaintiffs claim that Disney used chemicals, including chromium, for purposes of heating and cooling air and water in its facilities, then discharged contaminated waste water through sewer pipes onto adjacent properties and waterways. Plaintiffs claim the contamination violated state Health and Safety and Business and Professions codes. (Cal.Super.)

COURT WIRE: JUST FILED