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Tort Law

In re Tennessee Valley Authority Ash Spill Litigation

A district court held that the Tennessee Valley Authority (TVA) is liable for damages to property owners and residents following a containment dike failure at its Kingston Fossil plant that spilled more than 5 million cubic yards of...

Berish v. Southwester Energy Production Co.

A district court held that residents may add four new defendants in their lawsuit against energy companies for alleged water contamination due to hydraulic fracturing operations near their homes. During the course of discovery, the...

S.R.P. v. United States

The Third Circuit upheld the dismissal of a mother's Federal Tort Claims Act (FTCA) suit against the government after her child was bitten by a barracuda while playing near the shore of Buck Island Reef National Monument in St. Croix...

Sánchez v. United States

The First Circuit upheld the dismissal of residents' Federal Tort Claims Act (FTCA) against the United States in connection with the Navy's alleged negligence in emitting certain pollutants during military exercises at a naval...

Exxon Mobil Corp. v. Ford

A Maryland appellate court held that under certain circumstances, Maryland law permits recovery for emotional distress related to reasonable fear of cancer. The case involved a jury verdict awarding compensatory damages totaling over...

Shoshone Indian Tribe of the Wind River Reservation, Wyoming v. United States

The Federal Circuit vacated and remanded a lower court decision dismissing Native American tribes' claim that the government unlawfully converted oil and gas leases on a reservation from one type of lease to another. The lower court...

Lancaster v. Northern States Power Co.

A district court dismissed property owners' CERCLA, tort, and state-law claims against a power company for alleged PCB contamination. A former employee of the company lived at the property before it was sold to the current owners. While...

Bankcorpsouth Bank v. Environmental Operations, Inc.

A district court held that a bank may go forward with its CERCLA and negligence claims against engineering and remediation companies that prepared and implemented an environmental remediation plan for property in which the bank holds an...

Barrous v. BP P.L.C.

A district court held that the owner of a restaurant may seek prospective damages, and possibly punitive damages, against an oil company for damages stemming from a leaking UST at a neighboring gas station. To obtain prospective damages...

Oil Spill by the Oil Rig "Deepwater Horizon"

A district court granted in part and denied in part motions to dismiss various individuals' personal injury claims stemming from their exposure to oil and dispersants following the Deepwater Horizon disaster. The individuals...