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Nuisance

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...

Scribner v. Summers

The court holds that a steel treatment company is liable under state law to downgradient landowners for trespass and private nuisance caused by barium contamination. The district court found that the landowners' property was...

Delaware Coca-Cola Bottling Co. v. S&W Petroleum Serv., Inc.

The court holds that the installer of an underground heating oil storage tank may be held liable as an "operator" under the Pennsylvania Storage Tank and Spill Prevention Act (STSPA) for the ongoing nuisance created by an alleged...

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...

Cereghino v. Boeing Co.

The court holds that the owner of a manufacturing facility is not liable for negligent trespass or nuisance in connection with contamination of neighboring landowners' groundwater with trichloroethane (TCA). The court dismissed the...

Schwartzman, Inc. v. Atchison, Topeka & Santa Fe Ry.

The court holds that the primary jurisdiction doctrine requires it to stay a landowner's claims for injunctive relief against the owner of a railroad tie treatment site for polluting the landowner's groundwater and that the landowner...

Shockley v. Hoechst Celanese Corp.

The court upholds the jury conviction of a chemical manufacturer and a chemical reclamation operator for common-law violations stemming from damage to groundwater under adjacent landowners' property, and denies the defendants' post-...