In Midwest v. Thordarson (Midwest) 2013 ONSC 775, the Ontario Superior Court of Justice dismissed a property owner’s claim for damages for remediation costs stemming from the alleged migration of contaminants from a...more
On March 7, 2013, the Supreme Court of Canada released its decision in Antrim Truck Centre Ltd. v. Ontario (Transportation), 2013 SCC 13. In Antrim, the Ontario government built a new highway which effectively put a truck...more
In 2009, the Nevada legislature enacted a statute intended to remove private barriers to landowners’ harnessing of wind energy...more
In This Issue:
-AC31211 - Aguinaldo v. Warner
-AC33771 - Thompson Gardens West Condominium Assn., Inc. v. Masto
-AC33850 - Unifund CCR Partners v. Schaeppi
-AC33400 - Samnard Associates, LLC...more
The Texas Supreme Court’s opinion in Natural Gas Pipeline Company of America v. Justiss highlights a subtle but important point regarding the way appellate courts treat undisputed facts. The case concerned claims by...more
Texas has long adhered to the “Property Owner Rule,” permitting property owners to testify as to the value of their property. Recent cases have emphasized that the testimony must relate to market value, rather than intrinsic...more
2012 has drawn to a close. We chronicle here six of the most significant stories on the climate change front in the last six months. For those looking for hope that government is taking action to rein in greenhouse gas...more
In Burlington Northern, the Supreme Court made clear that, in order to impose liability on a defendant as an “arranger” under Superfund for the sale of a product, the plaintiff must demonstrate that the defendant "must have...more
Originally published in Law360 on December 17, 2012.
Left open by the U.S. Supreme Court’s decision in American Electric Power Co. v. Connecticut, 131 S. Ct. 2527 (2011), was the question of whether state law nuisance...more
When we discuss climate change litigation with colleagues or acquaintances unfamiliar with it, they are always a little incredulous. “The plaintiffs allege what? How could you prove that? There's no way they can win.” ...more
Left open by the Supreme Court’s decision in American Electric Power Co. v. Connecticut, 131 S. Ct. 2527 (2011), was the question of whether state law nuisance claims for the emission of carbon dioxide were viable in the...more
In Toftoy v. Rosenwinkel, the 2nd District of the Illinois Appellate Court held that Illinois' "Right to Farm Act," 740 ILCS 70/1, didn't bar the plaintiff's nuisance suit against the defendants and their cattle farm. ...more
The Illinois Supreme Court has announced that on Thursday morning, it will file opinions in four civil cases heard during its September term. They are...more
Originally published in Western Real Estate Business, October 2012.
The economic downturn has resulted in a record number of foreclosures in California. Many property owners have simply abandoned these foreclosed...more
Pesticide overspray drift to a neighboring property in Minnesota may now qualify as a trespass, thanks to the Minnesota Court of Appeals’ recent decision in Johnson, et al., v. Paynesville Farmers Union Cooperative Oil Co.,...more
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