News & Analysis as of

Nuisance Statute of Limitations

Jones Day

Baltimore's Climate Change Lawsuit Dismissed

Jones Day on

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

Kaufman & Canoles

Recent Virginia Court of Appeals Opinion Holds Statutes of Limitations Do Not Apply Where Only Equitable Relief is Sought

Kaufman & Canoles on

Last week, the Court of Appeals of Virginia issued an important opinion involving trespass and statutes of limitations. In Willems v. Batcheller, Record No. 0754-22-4, 2023 Va. App. LEXIS 524 (Ct. App. Va. Aug. 8, 2023), the...more

Akin Gump Strauss Hauer & Feld LLP

Recent Developments in ESG-related Litigation in the English Courts

Recently, we have been closely following a number of ongoing and fresh lawsuits brought in the English courts involving some interesting Environmental Safety Group (ESG) related issues. We explore below two notable decisions,...more

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

Landfill/Class-Action: Federal Appellate Court Addresses Nuisance Claim

The United States Court of Appeals for the Fifth Circuit (“Court”) addressed in an October 30th opinion issues associated with a class-action lawsuit filed against a landfill. See Jing Gao, et al. v. Blue Ridge Landfill TX,...more

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

Coal Tar/Property Damage Action: New Jersey Appellate Court Addresses Statute of Limitations Issue

The Appellate Division of the Superior Court of New Jersey (“Court”) addressed in a June 20th opinion several issues associated with a landowner’s lawsuit alleging damages caused by coal tar originating from an adjacent...more

Ruder Ware

Attempted End Run Around Wisconsin’s Exclusive Remedy of Worker’s Compensation Fails in Asbestos Litigation in the Seventh Circuit

Ruder Ware on

Wisconsin’s exclusive remedy of worker’s compensation has long been a bulwark against civil suits brought by employees (subject to a few narrow exceptions not applicable here). This bulwark has survived a creative attack in...more

Gray Reed

Limitations Runs on Nuisance Claims

Gray Reed on

When must a neighbor sue for nuisance and trespass or else be barred by limitations? It’s a tricky question. In Town of Dish et al v. Atmos Energy et al, the Texas Supreme Court concluded that the claims were time-barred. The...more

Pillsbury - Gravel2Gavel Construction & Real...

Town of DISH’s and Its Residents’ Takings Claims Barred By Statute of Limitations

Litigating parties may be so invested in the rightness of their cause that they neglect to check the calendar, and the relevant stature of limitations. On May 19, the Texas Supreme Court decided the case of Town of DISH, et...more

Beveridge & Diamond PC

Beveridge & Diamond Secures Unanimous Ruling in Pennsylvania Supreme Court Shielding Biosolids Land Application from Tort Claims

Beveridge & Diamond PC on

Litigators in the Firm’s Washington, DC office secured a unanimous ruling from the Supreme Court of Pennsylvania in favor of Beveridge & Diamond client Synagro and persuaded the Court to hold that land application of...more

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