News & Analysis as of

Trespass

Currents - Energy Industry Insights - April 2018

Bobby D. Fentress, et al, vs. Exxon Mobil Corporation, et al - "This is an Employee Retirement Income Security Act case alleging a breach of fiduciary duties in the management of a defined contribution plan. Defendants'...more

Trespass by Fracturing? A Theory Alive in Pennsylvania

by Pepper Hamilton LLP on

Trespass by hydraulic fracturing is alive in Pennsylvania. In a case of first impression in the state, on April 2, the Superior Court held that hydraulic fracturing under the land of an adjoining property may create an...more

Spilman Alert - Breaking Insights: Pennsylvania Superior Court Overturns Rule of Capture for Unconventional Gas Wells

On April 2, 2018, the Pennsylvania Superior Court issued a decision in Briggs v. Southwestern Energy Production Company, No. 1351 MDA 2017, reversing a lower court judgment entered in favor of the defendant producer....more

Virginia Passes Drone Trespassing Bill

Virginia H.B. 638 (the Bill), which concerns unmanned aircraft systems (UAS or drones), passed the Virginia House and Senate and is now awaiting signature from the governor. ...more

Defence + Indemnity: February 2018 - I. Insurance Issues B.

by Field Law on

I. INSURANCE ISSUES - B. The Court held that a duty to defend was triggered by pleadings alleging an escape of fuel oil onto neighbouring property despite a pollution exclusion clause in the policies, because the pleaded...more

Lake Property Ownership: Montana Supreme Court Addresses Riparian Boundary Dispute

The Supreme Court of Montana addressed a dispute between two neighbors over ownership of a portion of a non-navigable lake. Ash v. Merlette, 407 P.3d 304, 307 (Mont. 2017). A lower court (District Court) held that a...more

Second Department Vacates Trial Court Order Requiring Removal of Trespassing Structure: Will Money Damages Compensate the...

by Farrell Fritz, P.C. on

On January 24, 2018 the Appellate Division, Second Department affirmed in part, and reversed in part, a trial court order granting Defendant, Bay Ridge Methodist’s counterclaim that certain cladding and a drip edge (a system...more

Trespass Plaintiff: First, Prove Your Ownership

by Gray Reed & McGraw on

Chauvin v. Shell Oil Company et al is the potful of legal unpleasantness that can be stirred up by landmen trying to buy easements, leases, and the like. A number of plaintiffs – descendants of grantors of two parcels of...more

Updated Survey of Texas Law on Horizontal Drilling and Subsurface Trespass

by BakerHostetler on

Recent Texas opinions have clarified the rights and obligations of those constructing long lateral wells through horizontal drilling. BakerHostetler has updated its earlier survey of Texas law on horizontal...more

Court Ruling Highlights “The Perils Of Going Into Business With Family Members”

by Murtha Cullina on

An Indiana Court of Appeals recently ruled upon a dispute between a mother and her daughter and son-in-law(and their business) concerning the lease of commercial property and the repayment of loans the mother made on the...more

(Plaintiffs Claiming) Trespass Beware

by Liskow & Lewis on

In Chauvin v. Shell Oil Company, the Louisiana Fifth Circuit Court of Appeal affirmed the judgment of the trial court granting summary judgment to defendants on Plaintiffs’ trespass action. In doing so, the Fifth Circuit made...more

Judges and Legislators in Chicago and California Seek to Expand Protections for Hotel Workers

In the wake of a deluge of sexual harassment accusations being leveled against high profile figures, and the ensuing #MeToo social media movement, some legislators and judges have been eager to expand protections for certain...more

Village’s Denial of a Permit to Fence-Off Private Road Subject to Claim for Inverse Condemnation

by Farrell Fritz, P.C. on

In the Village of Bayville, New York (“Bayville”), a landowner wished to enclose and protect private property and the private roadway for access thereon  (“Lot 18”) against trespassers.  The landowner sought to erect crash...more

Trespass But no Damages in a Texas Case

by Gray Reed & McGraw on

What does it take these days to get money from a Texas jury? Not much, it seems; in XTO v. Goodwin the trick was convincing a higher court that you should keep it....more

Real Property, Financial Services, & Title Insurance Update: Weeks Ending October 6 & 13, 2017

by Carlton Fields on

REAL PROPERTY UPDATE FINANCIAL SERVICES UPDATE - Ad Valorem Taxes: land lease holders are considered equitable owners of land for tax purposes if land lease renews automatically and is perpetual; owners of condominium...more

“Trespass is Fine with Us” sayeth the 10th Circuit

by Clark Hill PLC on

Free speech is a cherished constitutional right although not at Berkeley, it seems. Our courts usually bend over backwards to protect it. Over the years, the term “speech” has been stretched to cover not just the spoken word...more

Food & Beverage Litigation Update | September 2017 #2

FDA Seeks Comment on Regulation Changes for "Meaningful Burden Reduction" - Implementing an executive order titled "Reducing Regulation and Controlling Regulatory Costs," the U.S. Food and Drug Administration (FDA) has...more

Wyoming Law Criminalizing Crossing Private Property to Collect Resource Data Regulates the “Creation” of Speech

In an unusual case, Western Watersheds Project, et al v. Michael, Attorney General of Wyoming, decided on September 7, 2017, the U.S. Court of Appeals for the Tenth Circuit reversed the District Court’s decision upholding...more

Could Barring Former Employees From Your Premises Lead To A Lawsuit?

by Fisher Phillips on

Hospitality employers open to the general public should be aware of a recent decision by the National Labor Relations Board (NLRB) with implications across the industry. In a 2-to-1 decision, the NLRB ruled that a hotel and...more

An Overview of North Carolina Premises Liability Law

by Ward and Smith, P.A. on

Accidents happen. But how do you determine whether an injury on someone else's property is just an unavoidable accident or a potential legal liability? As in other areas of personal injury law, the analysis typically is based...more

Lawsuit Against “Drone Slayer” Dismissed

by Benesch on

The federal district court for the Western District of Kentucky dismissed a lawsuit filed by a UAS pilot, David Boggs, against the “drone slayer” William Meredith. In 2015, Meredith shot down Boggs’s UAS while it was flying...more

Limitations Runs on Nuisance Claims

by Gray Reed & McGraw 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

Lawsuit Attempts to Finish the Job that the Iceberg Started

Stephen Cummings has sued James Cameron for turning his life story into the hit movie Titanic. Mr. Cummings claims that Leonardo DiCaprio’s character Jack Dawson “is based solely/wholly/only” on his life. Cummings claims...more

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

Downstream drama: Iowa utility can’t recover damages from county drainage districts

by Thompson Coburn LLP on

The complex issues affecting agriculture and related industries came into sharp focus recently with an Iowa Supreme Court decision that considered whether one government entity can sue another for damages related to water...more

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