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Economic

KB Home Ind., Inc. v. Rockville TBD Corp.

An Indiana appellate court held that the economic loss doctrine does not preclude a property owner from pursuing negligence claims against a company that previously operated a manufacturing site on adjacent property. If a plaintiff is...

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...

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)...

Enfield v. Atlantic Richfield Co.

The court holds that landowners' complaint, which alleges that they were required to hire experts to test, evaluate, and develop a cleanup plan for pollution on their property caused by an oil company, states a claim for mitigation...