Nuisance

News & Analysis as of

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

New Jersey Bill Requires Creditors to Maintain Vacant Property During Pending Foreclosures

Effective July 14, 2014, New Jersey municipalities will be authorized to penalize creditors who do not address code violations or abate nuisances on vacant or abandoned residential property subject to a pending foreclosure...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

A Very Public Private Nuisance

Move over Dos Equis guy. Alan Markovitz may be the most interesting man in the world. Consider his credentials: Markovitz is a “strip-club entrepreneur” who has been shot twice (once in the face) and “even had a mob...more

Trespass And Nuisance: Preventative Measures

In our previous post, we discussed common problems for property owners regarding trespass and nuisance. While enforcing your legal rights is always a possibility, litigation is never a desired course....more

Smoking is not Nuisance Per Se Schuman v. Greenbelt Homes, Inc., 212 Md. App. 451 (2013)

Maryland courts have weighed in on an issue of growing importance in residential communities: smoking. In its recent ruling, the Court of Special Appeals of Maryland upheld the ruling of the Circuit Court for Prince George's...more

Another Judicial Assault On GHG Emissions

The federal courts barred federal common law nuisance actions to obtain money damages or injunctive relief. American Elec. Power Co. v. Connecticut, 131 S. Ct. 2527 (2011)(holding nuisance claims seeking injunctive relief...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 few. The...more

Implications for Industry of Oregon DEQ's Final Nuisance Odor Strategy

For regulated companies and Associated Oregon Industry members, the publication of the Oregon Department of Environmental Quality's (DEQ) final nuisance odor strategy this past August brought mixed blessings. Among the...more

Third Circuit Decision Finding No CAA Preemption of State Law Nuisance Creates Apparent Split With Fourth Circuit

A recent case from the Third Circuit has muddied the waters for emissions facilities complying with Clean Air Act (“CAA”) permits. In Bell v. Cheswick Generating Station, 2013 WL 4418637 (Aug. 20, 2013), the Third Circuit...more

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