News & Analysis as of

Public Nuisance

California Lead Paint Decision Opens Door for Expanded Public Nuisance Suits

by Beveridge & Diamond PC on

A California appeals court has breathed new life into the public nuisance doctrine, largely affirming a more than $1 billion trial court judgment against certain manufacturers of lead paint on the grounds that they knowingly...more

Major Public Nuisance Ruling by California Court of Appeals

by Davis Wright Tremaine LLP on

On November 14, 2017, California Court of Appeals affirmed liability findings in $1.15 billion judgment ordering three lead paint manufacturers to abate public nuisance in 10 counties and cities containing homes built before...more

CA appellate court upholds most significant portions of $1.15B abatement judgment against lead paint manufacturers

by Dentons on

In a unanimous 138-page decision issued on November 14, 2017, which departed from appellate courts in every other jurisdiction that have considered the issue, the California Sixth District Court of Appeal in People v. ConAgra...more

Property Ownership and Water Supply Sources Matter in PFOA Contamination Lawsuits

by Beveridge & Diamond PC on

Illustrating some limitations on common law claims for groundwater contamination, a federal court in New York partially granted and partially denied a motion to dismiss in a cluster of sixteen lawsuits alleging...more

PCB Nuisance Suits from Three California Cities Stayed Pending Administrative Decision

by Beveridge & Diamond PC on

Showing how administrative claims can derail coexistent judicial actions, a federal court in California asked three California cities to first exhaust their administrative claims seeking state compensation for the cities’...more

Common Law/Clean Water Act Action: Lawrence County Landowners Lawsuit Challenging Lawrence County, Arkansas Bridge

A group of landowners and farmers (collectively “landowners”) filed an October 10th lawsuit in the United States District Court for the Eastern District of Arkansas against Lawrence County, Arkansas. See No. :...more

Currents - Energy Industry Insights - September 2017#3

Trump is Still Pulling Out of Paris Agreement, Despite Chatter of a Reversal, Experts Say - "President Donald Trump is unlikely to reverse his position to pull out of the Paris climate agreement, despite the White House...more

Extreme Weather Fuels Increasing Trend of New Climate Change Litigation

As federal efforts to roll back environmental regulations from the Obama era continue, environmental groups have been increasingly filing lawsuits against industry alleging damages related to climate change impacts, using the...more

Last product liability claims dismissed in Massachusetts PCB suit

by Beveridge & Diamond PC on

Pharmacia in April persuaded a Massachusetts federal court to dismiss the last few PCB-related product liability claims in a sprawling case brought by a local school. Pharmacia succeeded by proving that injuries related to...more

California Court of Appeal Rejects Citizens Group Nuisance Case Regarding Sea Lion Stench

by Clark Hill PLC on

The Fourth Appellate District of the California Court of Appeal concluded that the City of San Diego (City) could not be held liable for public nuisance associated with the stench created by sea lions because the City did not...more

New Laws passed in Florida and Oregon add to Varying State Drone Regulations

Florida and Oregon have both recently changed their Unmanned Aircraft Systems “UAS” (or “drone”) regulations, joining the vast majority of states looking to protect their residents through the use of their police power. ...more

California Court Of Appeal Rejects Citizens Group Nuisance Case Regarding Sea Lion Stench

Citizens for Odor Nuisance Abatement v. City of San Diego, 8 Cal. App. 5th 350 (Cal. Ct. App. 2017). The Fourth Appellate District of the California Court of Appeal concluded that the City of San Diego could not be held...more

Federal Court Dismisses Some of Seattle’s PCB Tort Claims

by Beveridge & Diamond PC on

In a blow to the efforts of municipal plaintiffs to pursue environmental damages through product liability theories, a Washington federal court granted Monsanto’s motion to dismiss Seattle’s design defect and failure to warn...more

Dealing with Nuisance Properties: The Tools in Your Code Enforcement Tool Box

by Best Best & Krieger LLP on

A nuisance residential or commercial property creates serious problems for the surrounding community and headaches for the officials who must deal with it. If left unchecked, these blighted properties become a chronic drain...more

Lawsuit Proceeds Against Monsanto for Manufacture of PCBs

Last year, we told you about a lawsuit brought by three California cities against Monsanto Company, alleging that Monsanto is liable for PCB (polychlorinated biphenyl) contamination in San Francisco Bay. The cities—San Jose,...more

Emerging Trends Newsletter - Q3

by Stinson Leonard Street on

We are thrilled to bring you the third installment of Stinson Leonard Street's Emerging Trends newsletter. We are proud of the depth and breadth of experience and knowledge across our firm's 13 offices nationwide and are...more

Court Dismisses Public Nuisance Claims Against Monsanto for Manufacture of PCBs

Last week, a federal court dismissed claims brought by three California cities against Monsanto that were aimed at forcing Monsanto to pay for polychlorinated biphenyl (“PCB”) contamination in San Francisco Bay. The...more

California Environmental Law & Policy Update - August 2016 #4

by Allen Matkins on

Environmental and Policy Focus - Lawmakers and Governor Brown claim major victory on climate change bills - Sacramento Bee - Aug 24 - California lawmakers on Wednesday advanced a pair of bills to sustain the...more

Pre-1969 Fill of Shoreline Area Not a Violation of the Public Trust Doctrine

by Perkins Coie on

The Washington State Court of Appeals, Division III, ruled on June 14, 2016 that the Three Fingers Fill on Lake Chelan, placed in shoreline areas prior to December 4, 1969, was authorized by a “savings clause” contained in...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19233, SC19234 - State v. Wright - SC19233, SC19234 Concurrence - State v. Wright - SC19382 - State v. Anthony D. - SC19382 Dissent - State v. Anthony D....more

Nuisance Claim Against Architect Dismissed

“Use the right tool for the job” is also a good bit of advice in litigation, as underscored by a recent decision out of the Connecticut Appellate Court. The case is Fisk v. Redding, AC 37537 (April 19, 2016)....more

Private and Governmental Plaintiffs File Toxic Tort Suits Over L.A. Gas Leak

by Beveridge & Diamond PC on

In perhaps the most well-publicized environmental release incident since Deepwater Horizon, Southern California Gas Co. faces a number of toxic tort-based lawsuits stemming from a natural gas leak at one of its storage wells...more

Life is Beautiful! Stevie Wonder Concert Not a Burden on Religious Exercise

A federal court in Nevada recently dismissed a church’s claim that a music festival in “Sin City” Las Vegas featuring the likes of Stevie Wonder, Duran Duran, and Twenty One Pilots burdened its religious exercise....more

District Court Limits Nuisance Claims Against Chemical Manufacturer in Elk River Spill

by Beveridge & Diamond PC on

Finding only public interests at issue from contamination of public drinking water supplies, a West Virginia federal court dismissed a private nuisance claim, but not a public nuisance claim against a chemical manufacturer. ...more

April 2015: Product Liability Litigation Update

Defenses to Public Nuisance Claims in Pharmaceutical Products Litigation. For many years, plaintiffs have asserted the tort of nuisance to address purported harms from all sorts of products—including firearms, lead paint,...more

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