Bar Exam Toolbox Podcast Episode 105: Listen and Learn -- Public and Private Nuisance
Bill on Bankruptcy: The Market's Unquenchable Thirst for Junk
A resolution has finally been reached in the long running dispute between the Tate Modern Gallery and its neighbours, the owners of residential flats in Neo Bankside, with the parties agreeing a very neighbourly compromise....more
In its recent decision in Jalla and another v Shell International Trading and Shipping Co Limited and another, the UK Supreme Court confirmed that a one-off oil spill was not a “continuing nuisance”....more
UNITED STATES UPDATES - California - Today’s IV, Inc. v. Los Angeles County Metropolitan Transportation Authority, 2022 Cal.App. LEXIS 840 (2022 WL 5107251) - Facts: A property owner who owned a hotel in Los...more
In Davies v Bridgend County Borough Council, the Court of Appeal of England and Wales has reaffirmed that encroachment of Japanese knotweed onto neighbouring land can amount to a nuisance and, for the first time, acknowledged...more
The Supreme Court has given its judgment in Fearn and others v Tate, and has widened the law on private nuisance to include being “overlooked” for the first time....more
Ohio- Tortious Interference Gerace v. Biotheranostics, Inc., 8th Dist. Cuyahoga No. 110440, 2022-Ohio-302- In this appeal, the Eighth Appellate District affirmed the trial court’s decision, agreeing that an employer...more
The North Carolina Chamber of Commerce is an avid advocate for the economic health and well-being of agribusiness and agriculture in the State through its lobbying efforts, resources available on its website, and through its...more
Indiana, like every other State, has adopted a Right to Farm Act to “reduce the loss to the state of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed to be a...more
As municipalities around the country evaluate changes to their respective codes in an effort to exert greater control over bad actors in the vacation rental market, Airbnb announced on November 2nd that it is banning party...more
The advent of the shared economy in the real estate context has provided homeowners and investors alike with expanded opportunities to generate revenue from the use of their real estate. Airbnb and VRBO are two of the most...more
In 2014 and 2015, 26 nuisance lawsuits representing over 500 North Carolina residents were brought against Murphy-Brown, a subsidiary of Smithfield Foods, in North Carolina federal court. The lawsuits involve 89 hog farms or...more
On Tuesday, the Massachusetts Appeals Court denied a regulatory takings claim brought by a plaintiff whose development plans for her property in Falmouth were denied by the Falmouth Conservation Commission. Plaintiff’s...more
The South Dakota Supreme Court (“Court”) addressed in a December 19th opinion an issue involving governmental taking and nuisance claims. See Krsnak v. Brant Lake Sanitary District, 2018 WL 6683535. The issues arose in the...more
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
Though drones have become more and more ubiquitous in hobbyist circles over the past decade, interest in the small, unmanned aircraft has only recently begun to spread into the commercial realm....more
Traditional bases for private nuisance claims include circumstances where noise, light, vibration, or odor emanating from a neighboring property harm the value of your property. Such bases can be objectively verified and...more
The City of Oroville (“City”) has petitioned the California Supreme Court for review of an unpublished Court of Appeal decision, City of Oroville v. Superior Court (2017) 2017 WL 2554447 (Third District), finding the City...more
On June 7, 2017, the Tenth Circuit Court of Appeals issued its opinion in Safe Streets Alliance, et al. v. Hickenlooper, et al., (No. 16-1048), an opinion that could open the doors to property use litigation involving...more
This game has been all the rage since July. Engadget reports over 100 million downloads of Pokemon Go, racking up $10 million each day in revenue for game makers Niantic, The Pokemon Company and Nintendo. It’s a beast. ...more
After July 1, 2016, under certain limited circumstances, real property owners in Tennessee may abate a nuisance on their property (of which they were unaware), and avoid the harsh effects of an injunction, without...more
The New Jersey Supreme Court recently clarified the elements needed to sustain a claim for nuisance and trespass in the environmental context. Generally, plaintiffs assert claims under common law such as nuisance and...more
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
The Georgia Court of Appeals, on July 16, issued its opinion affirming the Effingham County Superior Court’s decision to certify a class consisting of the owners of properties neighboring Georgia-Pacific’s Savannah River...more