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Tort Law

Mercedes-Benz Emissions Litigation

A district court dismissed a class action lawsuit against an automobile company for allegedly misleading consumers into purchasing certain diesel vehicles by misrepresenting their environmental impact. The class of consumers alleged...

Camp Lejeune North Carolina Water Contamination Litigation

A district court dismissed a multidistrict Federal Tort Claims Act (FTCA) lawsuit filed against the U.S. government by service members and their families. The plaintiffs alleged that the government failed to monitor and warn them about...

Elazar v. Macrietta Cleaners, Inc.

A New Jersey appellate court affirmed a lower court decision that dismissed as untimely shop owners' lawsuit against a town for injuries they allegedly suffered due to chemical vapors emanating from leaking USTs. Although the USTs...

North River Mews Assocs. v. Alcoa Corp.

In an unpublished opinion, a district court held that a developer may go forward with its CERCLA, tort law, and fraudulent concealment claims against the former owner of contaminated property under which PCB-contaminated USTs were...

Atherton v. United States

A district court dismissed an individual's Federal Tort Claims Act (FTCA) lawsuit against the United States for allegedly causing him to suffer severe emotional trauma and harm to his "internal organs" after he woke up to the sound of a...

Kirk v. Schaeffler Group USA, Inc.

A district court held that an individual may go forward with her toxic tort claims against the successor to a manufacturing company that released trichloroethylene (TCE) into the environment near her childhood home. The plaintiff...

Merrick v. Diageo Americas Supply, Inc.

The Sixth Circuit held that the CAA does not preempt property owners' state common-law tort claims against a whiskey distillery for excess ethanol emissions that allegedly caused "whiskey fungus" to grow on their properties. Below, the...

Little v. Louisville Gas & Electric Co.

The Sixth Circuit held that the CAA does not preempt property owners' state common law tort claims against a nearby power plant for allowing ash, dust, and coal combustion by-products to blow onto their properties. The owners brought...

Cerny v. Marathon Oil Corp.

A Texas appellate court upheld a lower court decision dismissing a family's nuisance and negligence claims against two oil companies for alleged health and property damage stemming from hydraulic fracturing operations near their home....

State v. Exxon Mobil Corp.

The Supreme Court of New Hampshire upheld a $236 million jury award against an oil company for groundwater contamination. In 2003, New Hampshire sued several gasoline suppliers, refiners, and chemical manufacturers seeking damages for...

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