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Damages

Johansen v. Combustion Eng'g, Inc.

The court holds that a district court properly reduced a $15 million punitive damage award to $4.35 million in a nuisance and trespass case against a mining company that contaminated neighboring property owners' streams. The court first...

Lewis v. General Elec. Co.

The court refuses to dismiss a property owner's nuisance claims against a company that contaminated land near the owner's home with polychlorinated biphenyls (PCBs). The court, however, dismisses the property owner's remaining claims....

National Tel. Coop. Ass'n v. Exxon Corp.

The court holds that a commercial property owner may bring a negligent remediation claim against the owner of a gasoline station for damages allegedly caused by gasoline that leaked from the station's underground storage tanks (USTs)....

Raytheon Co. v. McGraw-Edison Co.

The court holds that a purchaser of environmentally contaminated property is not precluded from bringing Resource Conservation and Recovery Act (RCRA) and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)...

Scheufler v. General Host Corp.

The court holds that under Kansas law a group of landowners and tenant farmers may recover punitive damages in a trespass and private nuisance action brought against a corporation whose salt mining operations polluted a freshwater...

Dombrowski v. Gould Elecs., Inc.

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...

In re TMI

The court holds that punitive damages are available under Pennsylvania law and the Price-Anderson Amendments Act of 1988 (PAA)) to plaintiffs in a suit against the operators of the Three Mile Island nuclear reactor for personal injuries...

Adams v. Star Enter.

The court holds that under Virginia law owners of land near an underground oil spill from an oil distribution facility may not recover damages for diminution in property value or fear of negative health effects. The court first holds...

Gibbs v. E.I. DuPont de Nemours & Co.

The court refuses to dismiss a tort-law claim that a tire manufacturer's former employees' brought against chemical companies that allegedly sold toxic chemical compounds to the manufacturer without adequately warning that exposure to...

United States v. Pend Oreille County Pub. Util. Dist. No. 1

The court holds that the "most profitable use of land" is the proper measure of damages owed a Native American tribe for trespass to its lands caused by a hydroelectric dam operator's flooding of part of the Kalispel Indian Reservation...