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Washington Supreme Court Limits Recreational Immunity Statute

In a decision of great importance to major Washington landowners, including local governments, major private landowners such as forest products companies, and operators of water projects, the …

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Washington Supreme Court Rejects Legal Liability Defense for Utilities and Municipalities Where Criminally Negligent Drivers Cause Accidents

The Washington Supreme Court today found that utilities and municipalities may be liable for injuries sustained in car-pole accidents even where the driver is criminally negligent. While …

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May: A Tough Month for Climate Plaintiffs, But Odd Fifth Circuit Decision Leaves the Door Ajar

In May, the federal courts rejected two more major cases in which plaintiffs sought damages from large emitters of greenhouse gases based on claims of climate-caused property …

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Market Manipulation, Preemption, and FERC Jurisdiction: Antitrust Claim from 2000-01 Crisis Revived By Ninth Circuit

The U.S. Court of Appeals for the Ninth Circuit today revived a class-action antitrust case against a large assemblage of natural gas sellers and marketers who were …

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Washington Supreme Court Rejects EMF Damages Claim Against PSE and Kirkland, Relieving Major Liability Concern

The Washington Supreme Court today rejected tort claims based on exposure to Electromagnetic Fields (“EMF”) from a utility substation. The Court’s rejection of the EMF claim, which …

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End of the Road for Common-Law Climate Claims? Ninth Circuit Rejects Climate-Based Damages Claim

In what may be the last gasp for tort-based claims based on release of greenhouse gases, the Ninth Circuit late last week issued an opinion rejecting a …

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Just When You Thought It Was Safe To Go Near The Wires: Washington Supreme Court Accepts Review of EMF Damages Case

Many in the electric utility industry thought that the threat of liability arising from human exposure to Electromagnetic Fields (“EMF”) had been put to rest years ago. …

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