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Tort law

Schwartzman, Inc. v. Atchison, Topeka & Santa Fe Ry.

The court holds that the primary jurisdiction doctrine requires it to stay a landowner's claims for injunctive relief against the owner of a railroad tie treatment site for polluting the landowner's groundwater and that the landowner...

Schwartzman, Inc. v. Atchison, Topeka & Santa Fe Ry.

The court holds that under New Mexico law the doctrine of strict liability may apply to the storage and disposal of chemical wastes that pose a threat to health and welfare. New Mexico has adopted the doctrine of absolute liability for...