Bar Exam Toolbox Podcast Episode 105: Listen and Learn -- Public and Private Nuisance
Pets are a valued part of our society. However, sometimes, owners or keepers of pets create dangerous situations for both their pets and others. If you or a loved one is attacked by a dog, the damages can be serious. ...more
In the UAE, community living is a common lifestyle choice, encouraging a sense of togetherness and shared experiences. However, this closeness to neighbors can sometimes lead to challenges, especially concerning the...more
Previous editions of Re:Torts (It’s (Still) Important Enough to Get It Right; Opioid Public Nuisance Question) have covered decisions that addressed whether various states permit public nuisance claims in connection with the...more
The Supreme Court of New Zealand recently removed some significant roadblocks to bringing private law claims against major corporate greenhouse (GHG) emitters with a decision made in the case of Smith v. Fonterra....more
New York Supreme Court (“Supreme Court, Appellate Division”) addressed in a March 15th Memorandum and Order (“Order”) issues arising out of a common law judicial action filed by a real estate developer against a landfill. ...more
A growing number of silicosis lawsuits and regulatory actions focused on the engineered stone countertop industry has swept the nation. A recent article by our team explores available litigation strategies and defenses...more
On appeal of a strike out decision, the Court gives the plaintiff “his day in court” to argue that corporates owe a common law duty of care in tort to reduce greenhouse gas emissions. On 7 February 2024, the Supreme...more
New York Attorney General Letitia James (“AG”) filed a November 15th Complaint in the Supreme Court of the State of New York (County of Erie)(“Court”) against PepsiCo, Inc., Frito-Lay, Inc., and Frito-Lay North American, Inc....more
On September 15, 2023, California filed a lawsuit against the major oil companies, presenting claims under a variety of theories, including public nuisance and false advertising. This lawsuit is similar to ones filed by...more
In a civil suit filed in Oregon state court in June 2023, an Oregon county is suing more than a dozen large oil, gas and coal companies, seeking more than $50 million in damages, in connection with a 2021 “heat dome” and...more
The New York Supreme Court (Appellate Division) (“Appellate Court”) addressed in an August 11th Memorandum and Order (“Memorandum”) an issue involving a judicial action alleging diminished flow of water between two...more
Tennessee AG Jonathan Skrmetti is suing more than 20 per- and polyfluoroalkyl substance (PFAS) manufacturers, including 3M and DuPont, seeking injunctive and monetary relief under the state’s public nuisance and uniform...more
The recent trial in a case now settled highlights the potential expansion of public nuisance claims under California law, and in large-scale public nuisance actions more broadly. On April 24, 2023, opening arguments...more
Notices of filing bankruptcy from debtors to its creditors are intended to halt all collection efforts of prepetition debts. But where lenders are required by law to provide information to mortgagors who are debtors in...more
In Westfield National Insurance Co. v. Quest Pharmaceuticals, the Sixth Circuit held that two insurers owed no coverage obligations to Quest Pharmaceuticals in connection with 77 lawsuits filed against it alleging misconduct...more
A hotel owner brought a lawsuit against a county transportation authority and a general contractor for nuisance and inverse condemnation alleging that the construction of an underground subway line disrupted the operation of...more
The U.S. Court of Appeals for the Tenth Circuit ruled in February 2022 that federal jurisdiction did not exist over a case brought by a group of Colorado municipalities accusing several energy companies of climate...more
In what has been earmarked as the largest government enforcement PFAS action to date, California’s attorney general last month filed an historic lawsuit against more than a dozen per-and polyfluoroalkyl substance (PFAS)...more
The California Attorney General’s Office has turned its focus to PFAS, filing litigation that is likely to be one of the larger of the hundreds of PFAS-related lawsuits currently pending throughout the country. On November...more
Modesto wins $4 million in suit to clean up PCE-contaminated site - The Modesto Bee – October 27 - After 24 years in litigation, the Superior Court of San Francisco awarded the City of Modesto $4 million in damages against...more
What do creative lawyering, Indiana politics and a brazen New York Legislature have in common? A long and storied history involving public nuisance claims against the gun industry. Originally published in Law360 -...more
State and local governments have been pursuing “public nuisance” claims against companies responsible in some way for societal problems. We’ve seen cases against manufacturers and distributors of guns, lead paint and opioids....more
The Superior Court of Delaware in a July 11th Opinion addressed issues arising out of a damage action filed by the State of Delaware (“State”) against a manufacturer of polychlorinated biphenyls (“PCBs”). See State of...more
Coverage disputes often center on whether the policy language is clear. Under the rules of contract construction, unambiguous language in an insurance policy must be given its plain and ordinary meaning. Sometimes,...more
You’ll find some notable decisions in our May Insurance Update. Appeals over pandemic-related business interruption losses have made their way up to state high courts. And so far, these courts have continued the trend...more