Bar Exam Toolbox Podcast Episode 105: Listen and Learn -- Public and Private Nuisance
Bill on Bankruptcy: The Market's Unquenchable Thirst for Junk
When a lawsuit involves both inverse condemnation claims and other tort claims, trial courts often bifurcate the proceedings. A recent unpublished opinion from the Third District Court of Appeal, Rainey v. Nevada Irrigation...more
In Bryne Oil Co. v. Walraven, the Eastland Court of Appeals (the “Court”) considered whether a lessor may bury a lessee’s pipelines after the lessee delays doing so and then seek reimbursement for the cost of burial....more
ARCAP Environmental, LLC (“ARCAP”) filed a January 5th Complaint against Oak Truck Lines, LLC (“OTL”) regarding an alleged release of paint. See 60CV-26-92. The Complaint alleges that a truck owned by OTL was travelling...more
The Australian High Court has endorsed the views of lower courts and held that litigation funding fees are not recoverable as damages, thereby preventing funding costs being transferred to defendants, in nuisance claims....more
BKB, LLC (“BKB”) filed on December 15th a Complaint for Damages and Injunctive Relief (“Complaint”) against JMG Investments, Inc. (“JMG”) alleging certain causes of action related to movement of surface water between the...more
The Arkansas Supreme Court (“SCT”) addressed in a November 13th Opinion a jurisdictional dispute involving a residential development stormwater runoff issue. See Taylor v. Ferguson, et al., 2025 Ark. 180....more
If your company has filed a trademark application with the United States Patent and Trademark Office (USPTO), you may find yourself on the receiving end of unsolicited – and often fraudulent – communications. These scams are...more
In Byrne Oil Co. v. Walraven, a court of appeals held that a surface owner/lessor cannot bury his lessee’s pipelines and recover costs when adequate time exists to pursue judicial remedies, even after years of operator delay....more
The holiday season is here! And with that comes seasonal decorations, which may include bright lights, festive lawns, balcony and door displays, and other installations. Associations considering adopting and enforcing rules...more
The Americans with Disabilities Act (ADA) was enacted to ensure equal access and opportunity for individuals with disabilities. While the law plays a critical role in advancing accessibility, in recent years it has also...more
The contours of inverse condemnation liability are often tested by creative California plaintiff’s lawyers. In an opinion earlier this year, one Northern California Federal Court dealt with a novel lawsuit in which the Vichy...more
The Appellate Court of Maryland (“App. Ct.”) addressed in a June 27th Opinion issues arising out of alleged mold exposure. See Candace McCarthy v. Board of Commissioners for Frederick County, Maryland, 2025 WL 1778818....more
Case 1: Brown v Ridley and Another - The Supreme Court has clarified that a reasonable belief of ownership for any 10 year period is sufficient to claim adverse possession....more
Three individuals (collectively, “Plaintiffs”) filed on April 18th a class action Complaint (“Complaint”) against Eco-Vista, LLC (“Eco-Vista”), in the Circuit Court of Washington County, Arkansas. See 72CV-25-1748....more
A recent decision from the Supreme Court of British Columbia underscores the Court’s cautious approach to certifying class actions in nuisance cases, particularly when the alleged harm arises from varied and diffuse conduct....more
Yesterday, the Court of Appeals of Virginia issued a significant opinion in Thibault Enterprises, LLC v. David A. Yost, et al., Yost Living Trust, a case involving a dispute over a 50-foot granted easement for ingress and...more
The United States Court of Appeals (“9th Circuit”) addressed in a December 18th memorandum issues arising out of challenges to the Natural Resource Conservation Services (“NRCS”) funding of an irrigation district. See Matthew...more
The Southern Environmental Law Center (“SELC”) filed a December 9th Complaint for Injunctive Relief (“Complaint”) in the Circuit Court of Limestone County, Alabama on behalf of: New Beginnings Covenant Ministries. The...more
“Three hours of sleep again last night. Three hours of sleep because of that dog!” The foible of being an attorney is not being able to enjoy television without noticing every liability, crime, and actionable conduct of...more
An individual and a restaurant filed a Class Action Complaint (“Complaint”) on October 18th in the Circuit Court of Crawford County, Arkansas against Denali Water Solutions, LLC (“Denali”). See Case No. 17CV-24-734....more
Case 1: The Manchester Ship Canal Company Ltd v United Utilities Water Ltd - The United Utilities sewerage network has around 100 ‘outfalls’ from which material emanating from sewers, sewage treatment works and pumping...more
In litigation underlying Satcher v. Columbia County, 2024 WL 3802370 (Ga. Aug. 13, 2024), property owners sued the County related to damage caused by their privately-owned 48-inch pipe that had been used as part of the...more
Various municipalities and public wastewater and stormwater utilities have filed a joint Amici Curiae brief in the United States Supreme Court Case styled: City and County of San Francisco v EPA...more
Benton Housing Associates Limited Partnership (“Benton Housing”) filed on August 9th in the United States District Court for the District of Arkansas (Central Division) a Complaint against the following defendants: City...more
In City of Baltimore v. BP, et al., court holds that nuisance and tort claims are preempted by federal law and beyond the limits of state law....more