News & Analysis as of

Private Nuisance Appeals

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

Flooding/Road Improvements: Massachusetts Appellate Court Addresses Private Nuisance Issue

A Massachusetts appellate court addressed in an August 10th Opinion an issue arising out of the flooding of property allegedly caused by adjacent road improvements. See Gillis v. Town of Uxbridge, No. 22-P-641, 2023 WL...more

Foley Hoag LLP

Product Liability Update - August 2020

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Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more

Hogan Lovells

Private Property? Court of Appeal says that being overlooked is not a nuisance

Hogan Lovells on

The Court of Appeal has handed down judgment in the case of Fearn & Others v The Board of Trustees of the Tate Gallery, concerning a dispute between the Tate Modern gallery and its residential neighbours over the Tate’s...more

Pierce Atwood LLP

Appeals Court Registers Objection to Superior Court Judgment Affecting Registered Land

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The Appeals Court’s decision in Johnson v. Christ Apostle Church, Mt. Bethel is a useful reminder that the Land Court’s jurisdiction over cases affecting title to registered land is exclusive. ...more

Hogan Lovells

Tangled in Knots – Beware of Japanese Knotweed

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Japanese knotweed has blighted UK properties for over a century. The invasive plant’s roots and stems spread rapidly and have the capacity to smash through concrete, damaging a building’s foundations. Eradicating the knotweed...more

Snell & Wilmer

RICO Madness: The Nuisance of Owning and Operating a Marijuana Facility

Snell & Wilmer on

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

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

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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