Legal Articles

Chinese Drywall Causes Huge Mess

Jun 1, 2010, Environmental / Toxic Tort Law Update (Gordon & Rees LLP)

The controversy in Chinese drywall involves allegations that the United States imported toxic drywall from China during the construction boom between 2004 and 2007. Homes with the defective drywall produce a hydrogen sulfide (rotten-egg) smell that grows worse with heat and humidity. Copper surfaces such as pipes, wiring, jewelry, and air conditioner coils corrode or turn black and powdery, a chemical process indicative of reaction to hydrogen sulfide. This article discusses the legal battles in the courts and legislature over Chinese drywall.

Improper Asbestos Removal: Pleading the Fifth in Civil Litigation

Mar 1, 2008, Environmental / Toxic Tort Law Update (Gordon & Rees LLP)

This article analyzes how a client facing potential criminal penalties for asbestos removal may selectively invoke the Fifth Amendment privilege against self-incrimination in related civil litigation involving similar allegations.

Supplementary Payments: Hidden Liabilities in Commercial General Liability Policy

Aug 25, 2006, Insurance Law Advisor (Bolender & Associates)

Obligations under the Supplementary Payments provision in a standard Commercial General Liability (CGL) policy surpass the duties imposed by Coverage A and Coverage B. Such duties can include paying an attorney fee award or paying for the defense of an insured's indemnitee. This article highlights these hidden liabilities, including changes affected by recent editions of the Insurance Services Office's CGL form.

Reimbursement for Non-Covered Claims: Defining Insurers' Rights

Aug 24, 2006, Insurance Law Advisor (Bolender & Associates)

This article discusses two recent California Supreme Court decisions that affect the limited rights of an insurance company to seek reimbursement for defense costs and settlement payments for non-covered claims.

Caller Intellidata: Privacy in the Developing Telecommunications Industry

Feb 1, 1998, Washington University Law Quarterly (law review)

This law review Note examines how businesses use Caller Intellidata in computers and telecommunications to gather consumer information, and analyzes the legal implications this information gathering has on consumer privacy.