Law Seminars International Presents: Call from Anywhere for a One-Hour Expert Analysis by Phone on

Statutes of Limitations and Repose in Environmental Litigation
Impact of key Fourth Circuit decision and strategies for effectively arguing timeliness issues in toxic tort and environmental contamination claims



October 30, 2013
Call in from Anywhere!
10-11 am Pacific / 1-2 pm Eastern

Who Should Call In

Plaintiffs' and defendants' lawyers litigating toxic tort and environmental contamination claims; CERCLA litigators; in-house legal and compliance professionals at companies and government entities who manage environmental claims

Why You Should Call In

Environmental torts typically involve historic activities and long latency periods, and many cases hinge on threshold timeliness issues under complex state common law and statutes. This expert briefing will review developments in this area, starting with the Fourth Circuit's recent decision in Waldburger v. CTS Corporation, 723 F.3d 434 (4th Cir. 2013). The court ruled that a state's Statute of Repose was preempted by CERCLA, a decision that deepens a circuit split on the issue and sends a signal to environmental practitioners about the importance of effective advocacy on these key jurisdictional issues.

In Waldburger, the plaintiffs brought a nuisance claim seeking damages for remediation and property value diminution allegedly caused by solvents in groundwater, based on contamination that last occurred in 1987. A split panel ruled that CERCLA preempted a state statute of repose that barred any tort claims ten years after the defendant's last act that caused damage to the property. Key issues in the case involved the differences between statutes of limitation versus statutes of repose, accrual of claims, federal preemption, statutory interpretation and the legislative history of CERCLA.

This one-hour TeleBriefing will place the Waldburger decision in the broader context of current environmental tort litigation, with a review of plaintiffs' and defense strategies on prosecuting and defending motions directed to timeliness. The panelists will take opposing sides to illuminate the arguments and help practitioners formulate effective arguments.

What You Will Learn

What Attendees Have Said About Similar Programs



Agenda

Wednesday, October 30, 2013

10:00 am

Statutes of Limitations and Repose in Environmental Litigation

Introduction and overview; plaintiff's perspective

James B. Slaughter, Esq., Moderator, Principal
Beveridge & Diamond PC / Washington, DC

Defendant's perspective

Frank Leone, Esq., Partner
Hollingsworth LLP / Washington, DC

 
11:00 am

Q & A (for up to 30 minutes)

 


Tuition

Individual rate: $150

Group rate: $100 per person attending on the same line

Financial aid is available to those who qualify. Contact our office for more information.

Continuing Education Credits

This TeleBriefing qualifies for 1.0 Washington CLE credits. For CLE credits in other states:

We will apply for credits in the following states: AK, AL, AZ, AR, CA, CT, GA, IA, ID, IL, IN, KS, KY, LA, ME, MN, MO, MS, NC, ND, NE, NH, NM, NV, NY (experienced attorneys only), OK, OR, PA, RI, SC, TN, TX, UT, VA, VT, WI, WV, and WY.

You can self-report for credits in: CO, DE, FL, HI, MT, and NJ.

CLE credits currently are not available in: DC, MA, MD, MI, OH, or SD.

If you need other types of credits, please call us at (206) 567-4490.



Call In Info

The dial-in number and a link to the materials will be emailed to you the day before the TeleBriefing. All orders are processed within one business day of receipt.

If You Cannot Dial In

An entire audio recording and the written materials are available for $150. You may choose to receive the files via email, on a CD or on a flash drive. Programs are available 48 hours after the TeleBriefing or from the date we receive payment. CD and flashdrive orders are sent via First Class mail within two business days after the TeleBriefing or from the date we receive payment.
Order Homestudy

Cancellation & Substitution

You may substitute another person at any time or receive a recording of the program (see If You Cannot Attend).



Our Distinguished Panel

James B. Slaughter, partner at Beveridge & Diamond PC, has litigated environmental cases in federal and state trial and appellate courts across the country for over twenty years. His major work includes toxic tort defense, preemption and other constitutional challenges to environmental laws and regulations, Superfund litigation, and enforcement defense.Mr. Slaughter represents companies and municipalities that work with solid waste, biosolids, pesticides, and chemicals.

Frank Leone is a partner at Hollingsworth LLP, whose broad litigation practice encompasses environmental law, and defense of toxic tort, consumer product, asbestos, and pharmaceutical products liability claims. Mr. Leone has special expertise in environmental litigation and counseling, including issues relating to Superfund, natural resource damages, hazardous waste, hazard communication, groundwater, surface water, wetlands, clean air, state environmental laws, and environmental auditing. He also litigates parallel class or individual tort actions seeking personal injury, property damage, and/or medical monitoring damages. Mr. Leone is named in the 2013 Washington, DC edition of Super Lawyers.