News & Analysis as of

Negligence Private Nuisance

Mitchell, Williams, Selig, Gates & Woodyard,...

Odors/Common Law Torts: Federal District Court Addresses Animal Waste Rendering Facility's Motion to Dismiss

A United States District Court (D. New Jersey) (‘Court”) addressed in an August 25th Opinion issues arising out of a class action that had been filed against Darling Ingredients, Inc. (“DII”) alleging that its Newark, New...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Train Derailment/Residential Evacuation: Federal Court Considers Applicability of Hazardous Materials Act Preemption Provision to...

The United States District Court for the Western District of Pennsylvania (“Court”) addressed in an October 1st opinion whether the Hazardous Materials Transportation Act (“HMTA” or “Act”) preempted state tort law claims in...more

Seyfarth Shaw LLP

Sixth Circuit Holds Class Certification On Issues Is Appropriate In Toxic Tort Action

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a toxic tort class action stemming from automotive and dry cleaning facilities’ alleged contamination of groundwater near Dayton, Ohio, the Sixth Circuit affirmed an Ohio federal district court’s grant...more

Seyfarth Shaw LLP

8th Circuit Court Finds Class Action Inappropriate to Resolve Neighborhood Claims for Damages Arising From Environmental...

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Seyfarth Synopsis: The Eighth Circuit found that a class action could not be sustained in an environmental pollution case because “the class lacks the requisite commonality and cohesiveness to satisfy Rule 23.”...more

Beveridge & Diamond PC

New Jersey Supreme Court Reaffirms Restatement Approach to Nuisance, Trespass

Beveridge & Diamond PC on

In a ruling that further delineates the threshold for maintaining private nuisance and trespass claims in New Jersey, the state’s highest court held that defendant landowners were not liable for contamination to neighboring...more

Gray Reed

Hydrocarbon Exposure Dismissal Affirmed

Gray Reed on

You might recall previous entries discussing Parr v. Aruba – a suit for personal injuries from oilfield pollution (and a $2.9MM verdict for the plaintiffs). Not all similar suits have the same result....more

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