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Tort Law

Nanouk v. United States

The Ninth Circuit vacated dismissal of a Federal Tort Claims Act (FTCA) lawsuit brought against the U.S. government concerning pollution from an abandoned military facility in Alaska. A resident argued that her property was contaminated...

Walters v. Flint

A district court denied EPA's motion to dismiss residents' negligence claim stemming from the water contamination crisis in Flint, Michigan. Flint residents argued the Agency's slow response to the crisis negligently exposed them to...

Baptiste v. Bethlehem Landfill Co.

The Third Circuit reinstated a lawsuit concerning noxious odors emanating from a landfill in Pennsylvania. A proposed class of residents living within a 2.5-mile radius of the landfill brought public and private nuisance claims, arguing...

Hopi Tribe v. Arizona Snowbowl Resort Limited Partnership

The Arizona Supreme Court vacated a ruling that a Native American tribe sufficiently alleged standing to bring a public nuisance claim against a resort using reclaimed wastewater to make artificial snow on the San Francisco Peaks in...

Eli Lilly & Co. v. Arla Foods, Inc.

The Seventh Circuit upheld a preliminary injunction barring a global dairy conglomerate from making any claims in its advertisements that cheese from cows treated with recombinant bovine somato-tropin (rbST), an artificial growth...

Kirk v. Schaeffler Group USA, Inc.

The Eighth Circuit held that a lower court must hold a new trial with respect to a family's claims for punitive damages against a former manufacturing company for tricholorethylene contamination that allegedly caused their daughter to...

Briggs v. Southwestern Energy Production Co.

A Pennsylvania appellate court held that a family may go forward with its lawsuit against a natural gas company for operating wells on adjacent property to extract natural gas from beneath the family's property via hydraulic fracturing...

Boettcher v. Conoco Phillips Co.

The Tenth Circuit ruled that an Oklahoma citizen has no claim against an oil company on allegations that his cancer was caused by decades of breathing benzene fumes from its oil refinery near his home. In 2011, the man was diagnosed...

Hopi Tribe v. Ariz. Snowbowl Resort LLP

The Arizona Court of Appeals held that a tribe may proceed with its nuisance claim against a ski resort for its use of reclaimed wastewater to make artificial snow. In 2002, the ski resort contracted to purchase reclaimed wastewater for...

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...

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