Public Nuisance

News & Analysis as of

Life is Beautiful! Stevie Wonder Concert Not a Burden on Religious Exercise

A federal court in Nevada recently dismissed a church’s claim that a music festival in “Sin City” Las Vegas featuring the likes of Stevie Wonder, Duran Duran, and Twenty One Pilots burdened its religious exercise....more

District Court Limits Nuisance Claims Against Chemical Manufacturer in Elk River Spill

Finding only public interests at issue from contamination of public drinking water supplies, a West Virginia federal court dismissed a private nuisance claim, but not a public nuisance claim against a chemical manufacturer. ...more

April 2015: Product Liability Litigation Update

Defenses to Public Nuisance Claims in Pharmaceutical Products Litigation. For many years, plaintiffs have asserted the tort of nuisance to address purported harms from all sorts of products—including firearms, lead paint,...more

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

Washington District Court Holds that CERCLA Displaces Federal Common Law Public Nuisance Claims

A Washington district court has recently held that the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) displaces federal common law public nuisance claims for damages. (Anderson v. Teck...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

Lead Paint Companies Hit With Billion Dollar Judgment in California Public Nuisance Case

In a decision with potentially far-reaching impacts, a California state court has ordered three major paint companies to pay $1.15 billion to clean up lead paint in homes throughout California. People v. Atlantic Richfield...more

California Cities and Counties Can Allow, Restrict, Limit or Exclude Facilities that Distribute Medical Marijuana

The California Supreme Court ruled unanimously on May 6 in City of Riverside v. Inland Empire Patients Health and Wellness Center that cities and counties have the right to ban medical marijuana dispensaries within their...more

City of Los Angeles v Deutsche Bank National Trust Company

City of Los Angeles v Deutsche Bank National Trust Company re: Complaint to Abate Public Nuisance (Link to Complaint) Apr 23, 2013 A judge has denied Deutsche Bank AG's bid to dismiss a lawsuit by the city of Los...more

Ohio Appeals Court Affirms Dismissal Of City’s Public Nuisance Suit Against Banks

On March 21, the Court of Appeals of Ohio, Eighth Appellate District, affirmed a trial court’s dismissal of a suit by the city of Cleveland, which sought damages from several financial institutions involved in the creation of...more

Infobytes - A Weekly In-depth review of news & developments in the financial services industry - March 29, 2013


U.S. District Court Holds that Federal Clean Air Act Preempts Pennsylvania State Law Common Law Tort Claims

On October 12, 2012, the U.S. District Court for the Western District of Pennsylvania issued an opinion and order in Kristie Bell v. Cheswick Generating Station, GenOn Power Midwest, L.P., No. 2:12-cv-929, holding that state...more

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