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Tort law

Whitlock v. Pepsi Ams.

A district court granted defendants’ motion for summary judgment to dismiss personal injury plaintiffs' claim for intentional infliction of emotional distress relating to the improper disposal of hazardous waste. Relying on prior...

Birke v. Oakwood Worldwide

A California appellate court held that the resident of an apartment complex that failed to limit secondhand smoke in outdoor common areas sufficiently pled a cause of action for public nuisance. The complex, by failing to act, created a...

Paduano v. American Honda Co.

A California appellate court affirmed in part and reversed in part a lower court's grant of summary judgment in favor of an automobile manufacturer that was sued for breach of warranty and deceptive advertising with regard to a hybrid...

Santa Clara Valley Water Dist. v. Olin Corp.

The Federal Circuit affirmed a lower court decision holding that the U.S. government breached lease agreements it entered into with oil companies to explore for and develop oil and gas resources in the outer continental shelf off the...

Gehr v. Baker Hughes Oil Field Operations, Inc.

A California appellate court upheld the dismissal of a continuing nuisance claim brought by the owners of contaminated property against the former owners for damages stemming from a prospective lender's refusal to refinance the property...

Starrh & Starrh Cotton Growners v. Aera Energy Ltd. Liab. Co.

A California appellate court reversed a lower court's award of damages in a cotton grower's suit against a neighboring oil company alleging subsurface trespass due to the migration of wastewater stemming from the company's oil...

Geffcken v. D'Andrea

A court upholds the dismissal of individuals' nuisance and constructive eviction claims against their landlords for allegedly exposing them to mold mycotoxins in their homes. The trial court did not err in granting the landlords'...

Park v. Burlington N. Santa Fe Ry. Co.

The court reverses a jury verdict awarding damages to the employee of a contractor who sued the railroad for injuries caused when a drum of spent signal batteries exploded during the contractor's disposal of the batteries. The employee...

California v. Campbell

The court holds that the trustees of a manufacturer's estate are liable for the trichloroethylene (TCE) contamination under state nuisance and environmental laws. A district court issued interlocutory orders finding the trustees liable...

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...