New York City Bar/Pace Law School: The Resolution of Environmental Interest Disputes - An Emerging Area of Practice
Event | 11.10.08, 12:00 AM UTC - 12:00 AM UTC
This program will examine the role of lawyers in the resolution of environmental interest disputes. Panels will discuss the use of alternative dispute resolution in traditional institutional settings such as the New York State court system, federal court litigation regarding environmental liability, local land use decision-making agencies, and State of New York DEC administrative law judge proceedings. In these settings, alternative dispute resolution techniques are frequently and successfully employed by attorneys for the affected parties. The skills and techniques lawyers use in these traditional settings will be described and discussed as a prelude for examining the resolution of critical environmental, land, and resource conflicts that are not adjudicated in these familiar settings. The program will concentrate on the management and resolution of environmental conflicts where rights are less well developed, the conflicts are new and rapidly evolving, the stakeholders many, and where there are less obvious forums for conflict resolution. Panelists and participants will discuss this emerging area of practice.
Ridway Hall is moderating the first panel entitled, What Rights-Based Litigation Can Teach Us About the Successful Settlement of Environmental Interest Disputes.
For more information, please visit these areas: Environment and Natural Resources
Insights
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Has the Buss Stopped? Recoupment Today
Has the Buss Stopped? Recoupment Today: In 1997, the California Supreme Court decided Buss v. Superior Court. In Buss, the court concluded that a liability insurer that defended a mixed action could seek reimbursement from the insured for the defense costs associated with the claims that were not even potentially covered. Since then, numerous courts have held that insurers are entitled to recoup their defense costs associated with uncovered claims or causes of action. On the other hand, a significant number of courts have rejected insurers’ right to recoupment, at least in the absence of a policy provision granting the insurer that right. Some commentators have even suggested that the current judicial trend might be away from permitting insurers to recoup their defense costs. Is that correct? Has the Buss stopped? This panel of coverage experts will analyze insurers’ claimed right to recoupment today, and offer their perspectives on what the law on recoupment should perhaps be and might be in the future.
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