Several states have made attempts to provide the animal production industry protection against unlawful interference by enacting so-called Ag-Gag laws. A wave of litigation is challenging these laws as unconstitutional,...more
The Law Court’s recent decision in Parker v. Department of Inland Fisheries & Wildlife is fascinating—it is a rare instance when the Court has been called upon to interpret and apply a new constitutional provision. The Maine...more
Trespassing, in common parlance, means entering and /or staying at a person’s property without the permission of such person. Meaning of Trespassing- Like in many other jurisdictions, trespassing is also an offence under...more
In the case of RCC Wesley Chapel Crossing, LLC et al. v. Forrest Allen et al., the Georgia Supreme Court addressed whether a common-law right exists to allow a private property owner to boot a vehicle parked on its property...more
When it comes to whether unions have a right to enter an employer’s premises over the employer’s objections, California’s law is the polar opposite of the National Labor Relations Act (NLRA) and the law in most other states....more
The battle lines between pipeline companies and landowners are still being drawn. In Bayou Bridge Pipeline v. 38.00 acres nobody had a gun, nobody got taken away, and one side was right and one side was wrong....more
As we head into another election cycle, several CGA members have asked about their rights with respect to unwanted signature gatherers and other solicitors. We’ve heard many stories about belligerent signature gatherers who...more
Releasing an image of a pickup truck closely resembling I.M. Steelin’s, Texas Parks and Wildlife investigators believe a red stag deer was shot by I.M. Steelin over the Thanksgiving weekend. The exotic, tame, breeding, red...more
The Trump Administration is using the reauthorization of a pipeline safety statute as an opening to insert new provisions that would give U.S. authorities broader latitude to thwart and criminalize the activities of...more
We have blogged on several occasions, most recently on June 7, 2018, about the varied fate of so-called “ag-gag” laws. These laws seek to prevent, in one way or another, undercover investigations of the quality of producers’...more
he Superior Court of New Jersey (“Court”) addressed in a March 27th opinion the impact of state ownership on a conflict over access to a waterbody. See Rapisardi v. Estate of Lange, No. A-37322-16T2, 2018 WL 1473918 (N.J....more
Today, when we think of trespass, our minds might go to a fenced yard with a prominent “No Trespassing” sign. Or, we think of the sit-ins of the 1960’s civil rights movement, when people of color were arrested after they...more
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
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
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
Imagine a peaceful summer afternoon at home with your family. You’re inside preparing food for a barbeque while the rest of your family sunbathes and plays by the backyard pool. Suddenly, your teenage daughter runs into the...more
This game has been all the rage since July. Engadget reports over 100 million downloads of Pokemon Go, racking up $10 million each day in revenue for game makers Niantic, The Pokemon Company and Nintendo. It’s a beast. ...more
In a fascinating case, Judge Scott Skavdahl (who recently struck down BLM’s fracking regulations) dismissed challenges from NRDC and PETA, among others, to a Wyoming law that prohibits trespassing on private land for the...more
John David Boggs’s drone was shot down out of the sky last summer when he flew it over another individual’s home. Bogg’s claims that he was flying his drone over Class G airspace –federal protected airspace. Bogg’s claims...more
Last month Tilting discussed whether Daisy Duke and her Uncle Jesse faced civil or criminal liability for shooting down Boss Hogg’s drone trespassing over their property. To recap: Daisy Duke was sunbathing by her Uncle...more
The California Senate has sent a bill to Governor Brown that, if signed, would create trespass liability for those flying unmanned aircraft systems (“UAS”), more commonly known as drones, lower than 350 feet above private...more
To conclude the series, we look at one more opinion — Serafine v. Blunt, No. 03-12-00726-CV, 2015 WL 2061922 (Tex. App.—Austin May 1, 2015). This case dealt with a property dispute, but the real interest comes from the...more
Trying to avoid the sweltering heat, “Uncle Jesse” Duke was in the garage working on his moonshine operation when he heard a loud shriek in the backyard. He ran to the back to find his niece, Daisy, sunbathing by the pool....more
Since the first oilman drilled the first water disposal well, cases have come through the courts in the U.S. trying to determine what rights each estate owner has, as well as the potential liability attributable to using...more