The court holds that several physicians' and a toxicologist's testimony that an individual's exposure to an herbicide caused his medical problems is inadmissible. None of the treating physicians have knowledge about the herbicide, its components, or the toxicological effects that it could produce. T...
The court holds that property owners' negligence, nuisance, and trespass claims against a battery crushing and lead processing plant in their neighborhood are time barred. The court first holds that their negligence claim is barred by Pennsylvania's statute of limitations, because their praecipe for...
The court reverses a district court opinion that the stare decisis effect of a decision by a federal district court in Washington State bars appellants' current challenge to the president's 1994 forest plan. The court holds that stare decisis does not require a district court in one circuit to follo...
The Court holds that a landowner's takings claim against a regional planning agency is ripe for adjudication. The agency determined that the landowner may not develop her property but is entitled to transferable development rights (TDRs). The Court first notes that its discussion is confined to whet...
The court holds that the owner of a salt mine is not liable to the owners of the surface estate for damage that the mine suffered during a collapse and innundation, but may be liable for damages caused by subsidence of the surface estate. The court previously held that the surface owners had a rever...
The court holds that a municipal solid waste district that condemned a landowner's property for use as a landfill did not violate the landowner's right to due process or "take" money the landowner spent fighting the condemnation, but may have violated the landowner's right to equal protection. The c...
The court holds that a district court erroneously dismissed a nondiverse defendant as fraudulently joined in an action based on oil companies' alleged contamination of Mississippi property with naturally occurring radioactive material (NORM). The court first holds that a party removing an action to ...
The court reverses a defamation judgment against a television production company and a U.S. Environmental Protection Agency employee for damages connected with a television program on New York City sewer sludge disposal. The court holds that the joint venture formed to dispose of the city's sewer sl...
The court holds that a district court properly dismissed a class action brought by Peruvian citizens alleging injuries from a U.S. corporation's copper smelting and refining operations in Peru. The court first holds that the district court had federal question jurisdiction because the complaint rais...
The court holds that a town may recover under the New Jersey Sanitary Landfill Facility Closure and Contingency Fund Act costs it incurred cleaning up contamination from a closed landfill on property that it bought before passage of the Act. The court holds that the town is not an "owner" of the lan...