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Tort Law

Bowman v. Franklin, City of

The court dismisses claims by property owners under 42 U.S.C. §§1983 and 1985 against a city, a waste management company, and a construction company for injunctive relief and monetary damages, based on alleged violations of civil rights...

Lincoln Alameda Creek v. Cooper Indus.

The court holds that the seller of real property, whom the buyer alleges sold the property with soil contamination, is not entitled to indemnification or contribution from the buyer's environmental consultant, who reported before the...

Midwest Aluminum Mfg. Co. v. General Elec. Co.

The court holds, applying Michigan law, that a former employee of a company that was forced to shut down due to the cleanup and remediation costs of environmental contamination at its business site, which was alleged to have come from...

Renaud v. Martin Marietta Corp.

The court holds that local residents who developed severe health problems failed to present sufficient evidence that their exposure to surface water and groundwater that a missile manufacturer allegedly contaminated and that a municipal...

Soo Line R.R. v. B.J. Carney & Co.

The court holds that the owner of a Minnesota site contaminated with hazardous substances has stated a cause of action, under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Minnesota...

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-...

Prescott v. United States

The court holds that a district court properly denied the government's summary judgment motion on the basis of the discretionary function exception to the Federal Tort Claims Act (FTCA) in a consolidated action by 220 individuals...

Arcade Water Dist. v. United States

The court holds that a district court erred in concluding that a Federal Tort Claims Act (FTCA) suit by a water district against the United States for contamination of a well by a military laundry is barred by the FTCA's two-year...

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...