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In a cautionary tale underscoring the importance of due diligence prior to purchasing a property and clearly defining indemnity obligations in a purchase and sale agreement, the court in DP Etiwanda, LLC v. Simsmetal USA Corp., No. EDCV211238JGBSPX, 2022 WL 2101722 (C.D. Cal. Jan. 27, 2022) was called upon to determine whether an “As-Is” provision…

Ring Bender has been named among top tier law firms by U.S. News – Best Lawyers® “Best Law Firms” in their 2023 “Best Law Firms” list. Additionally, Ring Bender Partner Norm Dupont has been recognized as Best Lawyers® 2023 Environmental “Lawyer of the Year” in Orange County, California, and Partner Christine “Tina” Hein was selected…

Ring Bender Helps Secure Stay Blocking the Removal of Three Mission Viejo City Council Members from their Seats The Appellate Court’s Ruling Will Allow the Three Council Members to Keep Their Seats Pending Final Case Disposition COSTA MESA, California – The California Court of Appeal, Fourth Appellate District, Division Three, issued an order on Thursday,…

By: Jay Tufano In a unanimous decision delivered by Justice Thomas, Territory of Guam v. United States, No. 20-382, 2021 WL 2044537 (U.S. May 24, 2021), the United States Supreme Court clarified that to trigger CERCLA’s contribution protections under 42 U.S.C. § 9613 (f), a party must settle a CERCLA-specific claim with United States (i.e.,…

By: Jay Tufano In the latest of a three-decade old saga involving the McColl Superfund Site in Fullerton, California, the Central District of California granted summary judgment in favor of the United States to recover some $49.8 million from Shell Oil Company and several other oil companies (collectively “Oil Companies”) in a CERCLA cost recovery action….

By: Jay Tufano The Ninth Circuit, in Arconic, Inc. v. APC Inv. Co., No. 19-55181, 2020 WL 4579511 (9th Cir. Aug. 10, 2020), recently weighed in on the statute of limitations defense in contribution actions arising under CERCLA section 113(g) (42 U.S.C. 9613 (g).) The panel held that a party’s settlement with EPA for one…