Nuisance

News & Analysis as of

Proposed Maryland Legislation Would Expressly Authorize Baltimore County Homeowner Associations To Bring Nuisance Actions

House Bill 496, now pending in the Maryland General Assembly, would give express authority to Homeowner and Community Associations in Baltimore County to bring a court action seeking relief from or abatement of an alleged...more

Dealing with Nuisance Properties: The Tools in Your Code Enforcement Tool Box

A nuisance residential or commercial property creates serious problems for the surrounding community and headaches for the officials who must deal with it. If left unchecked, these blighted properties become a chronic drain...more

Award for Nuisance From Gas Wells Squelched

It was a bad day for the Parrs in Aruba Petroleum v. Parr. The trial court judgment was against the operator for intentional nuisance. The Parrs recovered $2.9 million for pain and suffering and mental anguish and for loss of...more

Court Finds “Nuisance” to be Concrete Injury under the TCPA

The United States District Court for the Middle District of Florida has ruled that nuisance and invasion of privacy claims are concrete injuries for standing purposes under the Telephone Consumer Protection Act (“TCPA”). In...more

Texas Supreme Court Denial of Review Could Impact / Dissuade Health-Based Tort Claims Involving Neighboring Oil and Gas Activities

On December 2, 2016, the Texas Supreme Court denied review in Cerny v. Marathon Oil Corp., leaving in place the decision of the Fourth Court of Appeals, affirming summary judgment for the defendants and finding that the...more

Oklahoma Federal Court Denies Injunctive Relief in Wind Farm Nuisance Suit

A recent decision in the U.S. District Court for the Western District of Oklahoma, Terra Walker et al. v. Kingfisher Wind, LLC, No. 5:14-cv-914-D, Doc. 160 (W.D. Okla. Oct. 13, 2016), could sound a death knell for nuisance...more

October 2016: Entertainment Litigation Update

Pokémon GO: What Legal Pitfalls Await Augmented Reality Games? On July 6, 2016, Pokémon GO launched in the United States to immediate popularity—more than 45 million people downloaded and played the game on their smartphones...more

Illinois District Court Denies Motion to Certify TCPA Class Action

In the consolidated cases Espejo v. Santander Consumer USA Inc., No. 11 C 8987, 2016 WL 6037625 (N.D. Ill. Oct. 14, 2016) and Levins v. Santander Consumer USA Inc., No. 12 C 9431, 2016 WL 6037 (N.D. Ill. Oct. 14, 2016), the...more

Pokemon Go Away: Monsters Creating Nuisance Problems

This game has been all the rage since July. Engadget reports over 100 million downloads of Pokemon Go, racking up $10 million each day in revenue for game makers Niantic, The Pokemon Company and Nintendo. It’s a beast. ...more

Texas Supreme Court Clarifies Nuisance Law

Gardiner v. Crosstex North Texas Pipeline LLC, has brought clarity to Texas nuisance law. It took the Texas Supreme Court 54 pages; we have it in under 600 words. ...more

District Court Holds Professional Plaintiff Lacks Article III Standing to Bring TCPA Action Under Supreme Court’s Spokeo, Inc. v....

Following the Supreme Court’s ruling in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (U.S. May 16, 2016), it is clear that “Article III standing requires a concrete injury even in the context of a statutory violation,” such that a...more

A New Defense to Nuisance Injunction Actions in Tennessee

After July 1, 2016, under certain limited circumstances, real property owners in Tennessee may abate a nuisance on their property (of which they were unaware), and avoid the harsh effects of an injunction, without...more

California Case Deals with Nuisance Lawsuit Intended to Delay Foreclosure

A recent California case provides good precedent for dealing with nuisance lawsuits that are intended to delay valid foreclosures. In Brown v. Deutsche Bank National Trust Company —Cal.Rptr.3d—, 2016 WL 2726229 (May 9, 2016),...more

Real News - Spring 2016

Earlier this year, David Cameron fired the starting gun on whether Britain should continue its membership of the EU. As we all know, the potential effect of a Brexit is a topic which has divided the opinions not only of our...more

What a Nuisance - Owner Liability for Other Persons

As an owner of commercial real estate, could you ever be liable for nuisance committed on the property by someone other than you? The recent decision of the Court of Appeal in Cocking & Anor v Eacott & Anor [2016] EWCA Civ...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19480 - McCullough v. Swan Engraving, Inc. - This case determined that when a husband had already filed a claim for disability benefit in a timely fashion under the Worker’s...more

Noise Nuisance - Lorna Grace Peires v. Bickerton Aerodromes Ltd [2016] EWHC 560 (Ch)

Background - The claimant owned a property near to the defendant's aerodrome. One of the activities at the aerodrome was the taking off and landing of helicopters during training exercises (the Activity). The claimant...more

Renewable Energy Case Law Update

This case law update describes a selection of renewable energy cases from 2015. It is not intended to address all renewable energy cases over the previous year, but rather, highlight a few that are more likely to be of...more

Pennsylvania High Court Reinforces Nuisance Claim Bar Under the Right To Farm Act

On December 21, 2015, the Pennsylvania Supreme Court decided the case Gilbert, et al. v. Synagro Central, LLC, et al., Pa Supreme Court No. 121 MAP 2014 (December 21, 2015), which interpreted a provision of the Pennsylvania...more

Beveridge & Diamond Secures Unanimous Ruling in Pennsylvania Supreme Court Shielding Biosolids Land Application from Tort Claims

Litigators in the Firm’s Washington, DC office secured a unanimous ruling from the Supreme Court of Pennsylvania in favor of Beveridge & Diamond client Synagro and persuaded the Court to hold that land application of...more

Illinois Court Holds Broad Request for Relief Triggered Duty to Defend

In Country Mut. Ins. Co. v. Bible Pork, Inc., 2015 IL App (5th) 140211, the Fifth District of the Illinois Appellate Court had occasion to consider whether a pleading seeking “such other relief as deemed appropriate”...more

Appellate Court Notes

Appellate Court Advance Release Opinions: Released after 11:30 a.m. AC36320 - Valencis v. Nyberg - This decision upheld the granting of a PJR for ~ $1.5 million in favor of the plaintiff property owner when the...more

This Land Is Your Land - I Better Keep Off

Contrary to Woody Guthrie's catchy tune, there are many good reasons to keep your property "private" and free from uninvited guests: the potential for property damage, theft, and liability for injuries to name a...more

Sixth Circuit Rejects Clean Air Act Preemption of State Common Law Claims: Four Things to Know

In two decisions released on November 2, 2015, Merrick, et al. v. Diageo Americas Supply, Inc. and Little et al. v. Louisville Gas & Electric Company; PPL Corporation, the U. S. Court of Appeals for the Sixth Circuit...more

Eighth Circuit Holds Fear of Contamination Insufficient to Establish Nuisance Class

In a ruling that underscores the difficulty of securing class certification in toxic tort cases involving fear of contamination claims, the United States Court of Appeals for the Eighth Circuit reversed a Missouri federal...more

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