Nuisance

News & Analysis as of

Is Your Business a “Nuisance”? If so, It Could Cost You Dearly

Many landlords and businesses are already aware that they may be sued in a civil court for criminal acts committed by others on their property. While this is a reactive process that occurs in response to a specific incident,...more

In Cross-Border Contamination Case, Court Holds That CERCLA Displaces Federal Common Law Public Nuisance Claim

In yet another recent case involving the intersection of CERCLA and state law, the United States District Court for the Eastern District of Washington held that CERCLA legislatively displaced federal common law public...more

?Restrictions on ICO’s Power to Impose Fines for cold calls, emails and nuisance text messages relaxed (and mobile...

From the 6 April this year, the UK regulator the Information Commissioner will be able to issue fines for breaches of the direct marketing provision of the Privacy and Electronic Communications (EC Directive) Regulations 2003...more

St. Louis Homeless Shelter Files RLUIPA Claim and Requests Preliminary Injunction to Continue Operations

Plaintiff, New Life Evangelistic Center, Inc., (“New Life”), an interdenominational Christian Church formed in 1972 by Reverend Larry Rice, recently sued the City of St. Louis, Missouri (the “City”) in the Eastern District of...more

Judge Finds GenOn Power Plant Suit is Like School on a Saturday … No Class.

A Pennsylvania federal judge recently struck the class allegations from a suit brought against GenOn Power Midwest LP, alleging that its coal-fired power plant released toxic emissions that damaged surrounding property. Even...more

Manufacturing Matters – Winter 2015

In This Issue: - Pre-action costs protection in environmental claims - Shared Parental Rights – what you need to know - Due diligence on your partner in China – are you talking to the right person? - An Interview...more

Washington Federal Court Finds Nuisance Claims Displaced by CERCLA

Expanding the reach of the federal displacement doctrine and the U.S. Supreme Court’s decision in AEP v. Connecticut, a federal district court for the first time held that the Comprehensive Environmental Response,...more

Ninth Circuit Finds State Trespass and Nuisance Laws Not Preempted by Secondary Boycott Law

In a recent decision involving the interplay between California law and federal labor law, the U.S. Court of Appeals for the Ninth Circuit ruled that state trespass and nuisance laws are not preempted by the federal secondary...more

Federal Court Finds Potential Risks to Human Health and the Environment from Pesticide Use on Genetically Modified Organisms...

In Jim Aana, et al. v. Pioneer Hi-Bred International, Inc., et al. (August 26, 2014) (2014 WL 4241221), a consolidated class-action lawsuit filed by the residents of Waimea, Kauai, the United States District Court for the...more

Minerals Matter - Autumn 2014

Welcome to the latest edition of Minerals Matters. Whilst the economic picture has certainly improved over the last six months, there have been a number of stops and starts along the way. Data suggests further...more

Shopping Mall Owner Permitted to Sue Union Protesters for Trespass and Nuisance

The Ninth Circuit has revived a Brea shopping mall owner's lawsuit alleging trespass and nuisance claims against union carpenters. The union purportedly picketed and demonstrated disruptively and destructively at a store...more

Beveridge & Diamond Secures Pennsylvania Supreme Court Review in Toxic Tort Case

Litigators in the Firm’s Washington, DC office persuaded the Pennsylvania Supreme Court to grant an appeal in a tort case in which 34 plaintiffs allege that the land application of biosolids to farmland created a nuisance and...more

City May Be Liable for Damage to Home Caused by Falling Tree in Inverse Condemnation and Nuisance

During a windstorm, a tree owned by the City of Pasadena fell on Mr. O’Halloran’s residence, causing damage to his home. Mercury Casualty Company paid Mr. O’Halloran for the damage pursuant to his homeowner’s insurance...more

Nuisance Claims Becoming More Than a Mere Nuisance in Texas

Plaintiffs Bob and Lisa Parr obtained a $2.9 million verdict in April 2014 against Aruba Petroleum, Inc. for health problems allegedly related to oil and gas drilling operations and air emissions near their home. The large...more

Seventh Circuit Holds Federal Agencies Can Be Sued for Public Nuisance, But Affirms Dismissal of Claim

On July 14, 2014, the Seventh Circuit decided Michigan et al. v. U.S. Army Corps of Engineers et al. (Wood, C.J., writing for a unanimous panel). While the court ultimately affirmed dismissal of the underlying action, the...more

Nuisance Verdicts in the Barnett Shale: Two claims arising out of the same natural gas operations yield two very different...

On April 10, 2014, a Fort Worth jury rejected a landowner's nuisance claim against a well operator in Teri Anglim v. Chesapeake Operating Inc., 2011-008256-1. Plaintiff Teri Anglim claimed that Chesapeake's operations at two...more

Are Personal Injury Damages Avaiable in a Nuisance Case?

As promised, on May 22, today’s post is a study of the personal injury issues raised by the defendants in Parr v. Aruba. In this post we raise the question and discuss what the parties believe the answer should be....more

Texas Jury Awards Damages for Fracking Nuisance Claim for the Second Time

Last Friday, a Texas jury awarded a Tarrant County couple $20,000 in damages after finding activities at a natural gas drilling site located 165 feet from their property constituted a temporary private nuisance. The verdict...more

The Fracing Verdict – What Didn’t Get To The Jury?

As we know, the Parrs won a $2.9 million jury verdict against Aruba Petroleum for a nuisance created by gas wells near the Parrs’ home in Wise County, Texas. Let’s see what claims didn’t make their way to the jury. ...more

"Hydraulic Fracturing" Verdict in Texas State Court -- Texas family recovers $3 million based on nuisance theory

On April 22, 2014, a six-person jury in Dallas awarded a Texas family $2.925 million in a trial based on medical problems allegedly caused by natural gas development. While the case involved gas wells that had been...more

$3 Million Verdict in Fracking Case - Fluke or the Harbinger of Claims to Come?

In a highly anticipated verdict reached on April 22, 2014, a Dallas County Court at Law jury awarded the Parr family $2.925 million against Aruba Petroleum on a nuisance claim arising out of drilling in the Barnett Shale in...more

Covenants Not to Sue in Connection with Nuisance and Other Property Claims Can Be Enforceable against Future Owners

At times, where a developer seeks to obtain an easement from a landowner for the construction of infrastructure or improvements on or adjacent to the landowner’s property, the landowner may request additional consideration to...more

California Court Holds Offensive Odors Are Not Property Damage

In its recent decision in Travelers Property Casualty Company of America v. Mixt Greens, Inc., 2014 U.S. Dist. LEXIS 39548 (N.D. Cal. March 25, 2014), the United States District Court for the Northern District of California...more

Man bites dog: recovering attorney’s fees from vexatious employees

California has a reputation for employment litigation: it is the state where everyone seems to feel obliged to sue their boss for something. While some suits have merit and others are understandable, there are suits...more

California Environmental Law and Policy Update - December 19, 2013

California plans tighter control of hydraulic fracturing, but not enough for some - New York Times - Dec 13: California oil and gas companies using hydraulic fracturing to tap the nation’s largest oil shale formation...more

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