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Nuisance Damages

Womble Bond Dickinson

Navigating Property Nuisance Litigation: Lessons from Satcher v. Columbia County on Injunctive Relief and Damage Awards

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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

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

Price Anderson Act/Damage Claims: Federal Court Addresses Preemption Scope

The United States District Court for the Southern District of Illinois (“Court”) addressed in a June 29th Memorandum and Order (“Order”) certain issues arising out of a class action alleging a plant operating in Metropolis,...more

Perkins Coie

Large Jury Verdicts in Hog Nuisance Cases Signal CAFO Litigation Is Rising

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A federal jury last week returned a $473.5 million verdict against the world’s largest pork producer for nuisances caused by three industrial-scale hog farms. The verdict is the largest of three matching verdicts against...more

Womble Bond Dickinson

Grateful Dead: Sixth Circuit Holds TCPA Claim Survives Death of Plaintiff

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On Friday, the Sixth Circuit held in a matter of first impression that claims under TCPA survive the death of the Plaintiff, and may be prosecuted by a successor-in-interest. In Parchman v. SLM Corp., No. 17-5968, 2018...more

Beveridge & Diamond PC

North Carolina Federal Court Slashes Hog Farm Neighbors’ $50 Million Punitive Damages Award

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Illustrating the power of state-law caps on damages, a federal judge in North Carolina slashed a jury’s award of $5 million in punitive damages to each of ten neighbors who sued a hog farm owner for failure to properly...more

Gray Reed

Award for Nuisance From Gas Wells Squelched

Gray Reed on

It was a bad day for the Parrs in Aruba Petroleum v. Parr. The trial court judgment was against the operator for intentional nuisance. The Parrs recovered $2.9 million for pain and suffering and mental anguish and for loss of...more

Beveridge & Diamond PC

Ninth Circuit Reverses Dismissal of Damages Claim in San Diego Contamination Suit

In a decision that may reopen the door to significant damages in a California soil and groundwater contamination suit, the Ninth Circuit reversed a trial court’s dismissal of the City of San Diego’s restoration and real...more

Nossaman LLP

City May Be Liable for Damage to Home Caused by Falling Tree in Inverse Condemnation and Nuisance

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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

BakerHostetler

Texas Jury Awards Damages for Fracking Nuisance Claim for the Second Time

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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

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