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Duty of care

Ladra v. New Dominion, LLC

The Supreme Court of Oklahoma held that a woman injured in a 2011 earthquake may go forward with her suit against two energy companies for allegedly causing the quake due to hydraulic fracturing operations. A lower court dismissed the...

Curd v. Mosaic Fertilizer, LLC

The Florida Supreme Court held that commercial fishermen can recover for economic losses caused by the negligent release of pollutants even if they do not own any property damaged by that pollution. The case arose after waste from a...

Brockman v. Barton Brands, Ltd.

A district court held that residents may go forward with their trespass claims against a liquor distillery that operates a coal-fired production facility near their homes, but dismissed their nuisance and negligence claims. The...

Equity Asset Corp. v. B/E Aerospace

A court dismisses on motions for summary judgment landowner's trespass, negligence, and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claims against their neighbor for groundwater contamination. The...

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

The court holds that a building owner failed to prove that a neighboring service station was negligent in performing environmental remediation and, thus, reverses and vacates a district court's judgment in favor of the building owner....

Canal Barge Co. v. Torco Oil Co.

The court affirms a magistrate judge's decision awarding an oil transporter $90,766 for damages arising from hazardous sludge loaded onto the transporter's barge by the seller of spent lube oil. The seller contracted with the...

Florida Dep't of Natural Resources v. Garcia

The court holds that a state could be held negligent for failing to remove underwater debris that injured a swimmer even though the state environmental agency never formally designated for swimming the beach where the swimmer was...

Parks Hiway Enters., L.L.C. v. CEM Leasing, Inc.

The court holds that a gasoline distributor is not liable for groundwater contamination caused by a service station's leaking underground storage tanks (USTs). The owner of property adjacent to the service station filed suit against the...

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)....

Ruffin v. Shaw Indus., Inc.

The court held that homeowners failed to establish a genuine issue of material fact as to necessary elements of their negligence, implied warranty of merchantability, express warranty, and strict liability claims against a carpet...