March 13, 2009

In an unusual development on March 12, 2009, the Minnesota Supreme Court reversed itself determining that an appeal that it had previously allowed was “improvidently granted.”  SeeState v. Evanston Ins. Co., Case No. A08-1132 (Minn. 2009).  The Supreme Court had previously agreed to review a district court decision that had been certified as “important and doubtful” involving the statute of limitations that applied to an action involving an insurance policy issued to a trucking company that allegedly disposed of waste at a landfill.  The Supreme Court dismissed the appeal and offered no reason or explanation for its decision. The district court’s decision that a provision in the Landfill Cleanup Act that suspended the running of the statute of limitations remains the law of the case.

Joseph Maternowski, an environmental attorney at Hessian & McKasy, represents parties in litigation related to site investigations and remediation under federal and state environmental laws.

The views expressed here are my own and do not reflect the views of my employer, Hessian & McKasy. P.A.

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