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Motion to Dismiss Public Nuisance

Dechert LLP

Dechert Re:Torts - Issue 15

Dechert LLP on

Previous editions of Re:Torts (It’s (Still) Important Enough to Get It Right; Opioid Public Nuisance Question) have covered decisions that addressed whether various states permit public nuisance claims in connection with the...more

Foley & Lardner LLP

How New Public Nuisance Claims Are Targeting Gun Cos.

Foley & Lardner LLP on

What do creative lawyering, Indiana politics and a brazen New York Legislature have in common? A long and storied history involving public nuisance claims against the gun industry. Originally published in Law360 -...more

Mitchell, Williams, Selig, Gates & Woodyard,...

PCBs/Common Law Claims: Delaware Court Addresses Issues Arising Out of State Damages Action

The Superior Court of Delaware in a July 11th Opinion addressed issues arising out of a damage action filed by the State of Delaware (“State”) against a manufacturer of polychlorinated biphenyls (“PCBs”). See State of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Odors/Common Law Torts: Federal District Court Addresses Animal Waste Rendering Facility's Motion to Dismiss

A United States District Court (D. New Jersey) (‘Court”) addressed in an August 25th Opinion issues arising out of a class action that had been filed against Darling Ingredients, Inc. (“DII”) alleging that its Newark, New...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Section 404 Clean Water Act/Citizen Suit Action: United States District Court Judge Price Marshall (E.D. Arkansas) Addresses...

United States District Court Judge Price Marshall of the Eastern District of Arkansas (Jonesboro Division) considered in an April 11th Order a Motion to Dismiss a Section 404 Clean Water Act citizen suit action. See case No....more

Beveridge & Diamond PC

District Court Limits Nuisance Claims Against Chemical Manufacturer in Elk River Spill

Finding only public interests at issue from contamination of public drinking water supplies, a West Virginia federal court dismissed a private nuisance claim, but not a public nuisance claim against a chemical manufacturer. ...more

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