Westlaw Journals weekly round-up

November 5, 2015

Westlaw Journals Weekly RoundupThis week some highlights from the Westlaw Journal blog include an insurance coverage action over the Oregon Shakespeare Festival’s canceled shows and a class action over the alleged safety of American Spirit cigarettes:

Shakespeare Festival wants coverage for canceled shows: A nonprofit organization that operates the Oregon Shakespeare Festival alleges in a federal court complaint that its insurer has declined to pay a claim for lost business after the group had to cancel shows in summer 2013 because of a nearby wildfire. The Oregon Shakespeare Festival Association says in an Oct. 13 complaint filed in the U.S. District Court for the District of Oregon that it sustained business income losses of at least $370,000, as well as cleanup and repair costs. It seeks to recover its losses and costs, as well as punitive damages, from Great American Insurance Co. (Insurance Coverage)

Homebuilders want Supreme Court to review Clean Water Act case: The National Association of Home Builders is urging the U.S. Supreme Court to decide whether a landowner can obtain judicial review of a Clean Water Act jurisdictional determination if a property contains wetlands connected to navigable waters. In its amicus brief, filed Oct. 6, the NAHB argues that the high court should affirm a decision by the 8th U.S. Circuit Court of Appeals that property owner Hawkes Co. could appeal the U.S. Army Corps of Engineers’ jurisdictional determination that the property contained wetlands under the Administrative Procedure Act, 5 U.S.C. § 706. Hawkes Co. v. U.S. Army Corps of Eng’rs, 782 F.3d 994 (8th Cir. 2015). (Environmental)

Class action: Tobacco companies lie about safety of American Spirit cigarettes: A proposed nationwide class-action lawsuit accuses two tobacco companies of misrepresenting that Natural American Spirit-brand cigarettes are safer than other cigarettes, even though they contain additives and are designed to deliver higher levels of nicotine. The suit filed Sept. 30 in the U.S. District Court for the Southern District of Florida seeks monetary damages and an order directing the defendants to establish smoking-cessation and medical monitoring programs. (Tobacco)