Nuisance

Ontario Court Rejects Damage Recovery in Contamination Claim, Adopting a Strict Analysis That May Hinder Future Claims

by Jack Coop, Jennifer Fairfax, Daniel Kirby, Patrick Welsh | Osler, Hoskin & Harcourt LLP on 3/26/2013

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

The Supreme Court Weighs in on the Balance of Private Interests Versus the Public Good in Nuisance

by Jennifer Fairfax, Laura Fric, Lauren Tomasich | Osler, Hoskin & Harcourt LLP on 3/12/2013

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

Would You Be Annoyed If Your Neighbor Installs A Wind Turbine?

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 2/15/2013

In 2009, the Nevada legislature enacted a statute intended to remove private barriers to landowners’ harnessing of wind energy...more

Appellate Notes: Recent Decisions of the Connecticut Supreme and Appellate Courts - January 2013

by Edward McCreery III | Pullman & Comley, LLC on 2/14/2013

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

When "Undisputed" Evidence Is Not "Conclusive" Evidence

by S. Vance Wittie | Sedgwick LLP on 1/14/2013

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 Supreme Court Applies Daubert-Type Standards to Lay Testimony

by S. Vance Wittie | Sedgwick LLP on 1/14/2013

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

Top 6 At 12: Highlights Of The Top Climate Change Stories In The Second Half Of 2012

by J. Wylie Donald | McCarter & English: Climate Change &... on 1/2/2013

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

Is CERCLA More Reasonable Than the Common Law? Only in California, I Hope

by Seth Jaffe | Foley Hoag LLP - Environmental Law on 12/28/2012

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

Western Pa.'s Take On Carbon Dioxide Liability Claims

by J. Wylie Donald | McCarter & English, LLP on 12/20/2012

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

No En Banc Appeal in Kivalina; So What's Next for Climate Change LItigation?

by J. Wylie Donald | McCarter & English: Climate Change &... on 12/10/2012

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

State Common Law Carbon Dioxide Liability Claims: Premonitions of Preemption (and Dismissal)

by McCarter & English: Climate Change &... on 12/1/2012

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

Plaintiffs Still Can't Come to a Nuisance in Illinois

by Kirk Jenkins | Sedgwick LLP on 12/1/2012

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

Four New Civil Opinions Coming From the Illinois Supreme Court Thursday

by Kirk Jenkins | Sedgwick LLP on 11/27/2012

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

California Foreclosure Update: New registration requirements for foreclosed properties may lead to penalties, fines for lenders

by Greg M. Carpenter, Lyndsey A. Tadlock | Snell & Wilmer L.L.P. on 11/27/2012

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

Agribusiness Alert: Minnesota Court of Appeals Allows Trespass Claim for Pesticide Drift

by Nancy Quattlebaum Burke, Jeffrey Peterson | Gray Plant Mooty on 8/3/2011

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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