Texas Supreme Court Orders (12/05/14)

There were no grants and no opinions in the Supreme Court’s order list for December 5, 2014. The Court set the oral argument in No. 14-0465, McGinnis Industrial Maintenance Corp. v. The Phoenix Insurance Company, a certified-question case from the Fifth Circuit. McGinnis received a letter from the EPA giving notice that McGinnis was a “potentially responsible party” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The EPA sent additional communications, including a request that McGinnis make an offer to settle the issues. Finally, the EPA sent a “unilateral administrative order” requiring McGinnis to undertake a Remedial Investigation and Feasibility Study. The issue is whether these actions by the EPA constitute a “suit” within the meaning of McGinnis’s commercial general liability insurance policy. Argument has been set for January 15, 2015 at 9:00 am.Access the complete order list here.- Rich Phillips, Thompson & Knight