Kanner & Whiteley, L.L.C.
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Leading Cases


Jurisdiction

Mitchell v. Georgia Gulf, et al., 2 TXLR (BNA) 307 (M.D. La. 1987) (pervasive scheme of federal environmental law neither preempts nor federalizes state tort law); Discussed in Louisiana Advisory Committee to the U.S. Commission on Civil Rights, The Battle For Environmental Justice in Louisiana (Sept. 1993), p. 48 ("The residents used legal action to challenge industry on environmental problems. There was no substantial support from civil rights or environmental groups, mainstream or grassroots. Attorneys played a primary role in the mobilization and resolution process.")

Thomas, et al. v. Charles Schwab & Co., No. 95-0307 (W.D. La. July 12, 1995) (Securities Exchange Act of 1934 neither preempts nor creates federal jurisdiction over state law cause of action for broker non-disclosure)

Fred Sharp Sanders, et al. v. Roland Gary, et al., No. 95-CW-0070 & No. 95-CW-0940, 657 So. 2d 1085, (1st Cir. La. App., June 23, 1995) (holding that trial court has jurisdiction to issue injunctions, even when the case involves mineral production otherwise regulated by the Commissioner of Conservation; rejection of administrative stay request; the trial court has jurisdiction to award restoration damages, even without prior Department of Environmental Quality approval).

Smith Lupo Williams Partners, et al, v. Beth Carter and Insurance Underwriters, Ltd., No. 06-2808 (E.D. La. Aug. 31, 2006) (remanding Hurricane Katrina case for failure to advise of the availability of supplemental flood insurance and procure the same).

Lake Forest Plaza, L.L.C. v. Westchester Surplus Lines Insurance Co., No.06-7950 (E.D.La. Dec. 22, 2006) (rejecting MMTJA jurisdictional claim for Hurricane Katrina claim.)

New Jersey Department of Environmental Protection v. Exxon Mobil Corp., No. 04-V-4897 (DMC) 381 F.Supp. 2d 398 (D.N.J. Mar. 24, 2005) (remanding Jersey Works cases, despite various § 1441 and § 1442 challenges, especially federal officer removal).




PRACTICE AREAS

Toxic Torts

Consumer Fraud

Environmental and Natural Resource Damages Law

Insurance Fraud and Coverage Litigation

Natural Resource Damages

Product Liability

Commercial Litigation

Farming and Agricultural Law

RICO and Antitrust












 
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