Children don't always recognize danger the way adults do. When a child spots a trampoline, an open pool, or a piece of construction equipment on a neighbor’s property, curiosity can take over, and tragedy can follow. Delaware...more
The Supreme Court of Ohio recently ruled in NC Ents., L.L.C. v. Norfolk & W. Ry. Co., Slip Opinion No. 2026-Ohio-1429 (the “NC-Norfolk Case”) that Appellee’s lawn maintenance on Appellant’s parcels was not sufficiently open...more
In Terfehr v. Buffalo-Red River Watershed District, the Minnesota Court of Appeals continues to narrowly tailor official discretionary immunity and refuses to expand this exception for regular contractors working with public...more
In suit brought by Reddit against Anthropic for alleged unauthorized scraping of users’ content to train AI chatbot, district court remands action to state court, holding that Copyright Act does not preempt Reddit’s state-law...more
Targeted public protests can quickly place businesses and individuals in highly visible and legally sensitive situations. When demonstrators gather outside a workplace or private residence—for example, if an activist group...more
Zografos v. Estate of Votra, A-3935-23 (N.J. Super. App. Div. Dec 26, 2025 - The New Jersey Appellate Division affirmed summary judgment in favor of the defendants, including the Estate of Nancy Votra, Bank of New York...more
Oklahoma AG Gentner Drummond secured more than $25 million in combined settlements with Tyson Foods, Inc., Cargill, Inc., and related entities to resolve allegations that the companies violated state law by contaminating the...more
A United States Federal District Court (N.D. Miss.) (“Court”) addressed in a February 4th Memorandum Opinion an issue arising out of the past disposal of remediated soils and associated materials into a landfill. See LEFLORE...more
The Iowa Supreme Court closed the house down on 2025 with a decision about the relationship between renters and landlords in Butter v. MidWest Property Management, No. 24-1752 (Dec. 31, 2025). ...more
BKB, LLC (“BKB”) filed on December 15th a Complaint for Damages and Injunctive Relief (“Complaint”) against JMG Investments, Inc. (“JMG”) alleging certain causes of action related to movement of surface water between the...more
Let’s assume you own a 115 acre farm in Greene County. The farm has been in the family since the early 1900’s. You own both the oil and gas and the coal underlying the farm. In 1915, your great-grandfather entered into a...more
The Trustees of the McJunkins Family Trust U/A (“Trust”) filed a November 11th pleading in the Circuit Court of Benton County, Arkansas styled: Complaint at Law and Request for Injunctive Relief with Request for Emergency...more
Not every apparent prescriptive right vests. At first glance, a decades long encroachment might appear to be a shoo-in as an easement by prescription. However, encroaching structures built without permits or approvals are...more
A federal court in South Carolina addressed in an August 6th Opinion issues arising out of a putative class action filed by lakefront property owners alleging contamination due to the dissemination of motor and transformer...more
When a dog suddenly attacks and bites, an innocent interaction can turn into serious injuries. Beyond the immediate physical trauma, questions may arise about who is responsible and if your medical bills will be covered. With...more
The contours of inverse condemnation liability are often tested by creative California plaintiff’s lawyers. In an opinion earlier this year, one Northern California Federal Court dealt with a novel lawsuit in which the Vichy...more
It seems to be fairly well settled that you can’t use trespass-to-try-title to recover a nonpossessory royalty interest in Texas. What if you call the interest a “mineral interest stripped of every attribute except the right...more
The North Carolina Court of Appeals recently decided H/S New Bern, LLC v. First Berkshire Properties, LLC, which establishes important precedent regarding stormwater management obligations and trespass liability in...more
Often, climate change lawsuits allege claims under constitutional provisions, human rights laws, or environmental statutes and regulations. Lawsuits filed in separate countries by Energy Transfer ("ET") and Greenpeace...more
The Supreme Court may be about to accept an appeal with enormous potential to decide the airspace rights of drones in the United States, and nobody in the drone community seems to have noticed. Cases concerning drone flights...more
A landowner’s failure to provide consent for surface use related to oil and gas operations does not necessarily preclude the lessee from conducting activities if the lease agreements allow surface use....more
In Briggs v. Southwestern Energy Production Co. (Briggs II), the Middle District of Pennsylvania directed summary judgment to Southwestern Energy (SWN) and dismissed the plaintiffs' claims of trespass and conversion. The...more
James McEvoy (“McEvoy”) filed an April 2nd Complaint in the Circuit Court of Carroll County, Arkansas against Eureka Springs, Arkansas alleging damages due to a sanitary sewer overflow (“SSO”). See Case No. 08WCV-25-39....more
Case 1: Handston Investments Limited v Abri Group Limited - The court refused to grant an interim injunction to pause construction that would significantly interfere with a neighbour’s rights to light. Instead, the Court...more
On January 23, 2025, in an opinion for City of Annapolis v. BP PLC, et al. and Anne Arundel County, Maryland v. BP PLC, et al., the Circuit Court of Anne Arundel County, Maryland, dismissed two cases brought by the City of...more