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CERCLA Section 114(b) prohibits the double recovery of environmental response and cleanup costs by a Potentially Responsible Party (“PRP”).[1]  Yet, PRPs that pay cleanup costs and are reimbursed for such costs – for instance with insurance proceeds – may also attempt to recover from a Co-PRP under CERCLA.

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One of the defects du jour we have been seeing in our practice the last few years relates to exterior finishes on buildings, primarily claims of excess cracking and/or debonding of stucco resulting in water intrusion issues.  Initially, plaintiffs were content with remedying the alleged defects in the stucco by location; however, more and more experts are now calling for the complete replacement of exterior wall systems.  Recently, we  had a case where an expert was claiming the stucco had to be completely removed and replaced on all four faces of a hi-rise residential condominium because it was debonding (despite the fact it took a jackhammer to even loosen the stucco).  We have also seen proposals to replace stucco with an Exterior Insulation and Finish System (“EIFS”), a synthetic product that looks like stucco.  However, EIFS is not a perfect solution and has problems of its own.

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With more than 70 percent of omen with children currently in the workforce, pregnancy discrimination is the fastest growing area of discrimination cases in the United States.  The U.S. Equal Employment Opportunity Commission (EEOC) asserts that over the last 10 years pregnancy discrimination charges filed with the EEOC have increased over 35 percent. While many pregnant workers are able to continue working throughout their pregnancy, fully understanding the legal rights afforded to pregnant workers under the applicable laws, including the Pregnancy Discrimination Act (PDA) and the Americans with Disability Act (ADA), is necessary for the full protection of our pregnant workers, especially those workers who experience pregnancy-related complications.

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Toyota Widens Recall of Cars With Takata Airbags  - New York Times 11/27/2014
BP Oil Spill Settlement to Exclude Hurt Cleanup Workers  - Bloomberg 11/27/2014
U.S. court rejects Motorola Mobility price-fixing appeal  - Reuters 11/27/2014
EU Hammers Out 'Right to Be Forgotten' on Web  - Courthouse News Service 11/27/2014
Honda Could be Fined $35M for Underreporting U.S. Claims  - Claims Journal 11/27/2014
dtSearch and MEGA give customers instant access to vital information  - Inside Counsel 11/27/2014
Chrysler says air bag recall will start earlier than planned  - Yahoo!Finance 11/27/2014
Apple-Samsung II Ends in Royalties and Appeals  - Courthouse News Service 11/27/2014
Smog Rule Latest Green Policy Obama Bequeathing His Successors  - Bloomberg 11/27/2014
Vaccine Claims System Slow to Compensate Injured  - Insurance Journal 11/27/2014
Honda recalled cars with Takata air bags in 2002 - documents  - Yahoo!Finance 11/27/2014
Symantec identifies security threat that has infected computers for 6 years  - Inside Counsel 11/27/2014
Judge Stays Church Plan Label During Appeal  - Courthouse News Service 11/27/2014
Illinois Fights Court Block of $111 Billion Deficit Fix  - Bloomberg 11/27/2014
New Web-based platform tool helps to prevent bribery, corruption  - Inside Counsel 11/27/2014

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