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Torts

Environmental Processing Systems, L.C. v. FPL Farming, Ltd.

The Texas Supreme Court reinstated a jury verdict in favor of a waste disposal facility in a trespass case filed against it by a neighboring rice farm. At trial, the farm argued that deep subsurface wastewater from the facility...

In re Premcor Ref. Group Inc.

A Texas appellate court vacated a lower court order denying oil refineries' motions to dismiss individuals' personal injury claims stemming from their exposure to allegedly dangerous emissions from the refineries' facilities. Although...

Borg-Warner Corp. v. Flores

The Supreme Court of Texas dismissed a brake mechanic's negligence claim against his former employer for asbestos-related injuries. A plaintiff must prove that the defendant's product was a substantial factor in causing the alleged harm...

Burlington N. & Santa Fe Ry. Co. v. Skinner Tank Co.

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §309, which preempts a state's statute of limitations if it provides a commencement date earlier than the federal commencement...

Burlington N. & Santa Fe Ry. Co. v. Poole Chem. Co.

A district court held that a railroad company's negligence claim against a tank installer is barred by Texas' repose statute. The case arose after a tank located on a chemical company's property ruptured and released chemicals onto...

Holubec v. Brandenberger

The court held that a defective jury charge denied agricultural operators the protection of the Texas Right to Farm Act's affirmative defense against claims that agricultural operations are a nuisance. The Act provides that no nuisance...

Stevenson v. E.I. DuPont de Nemours & Co.

The court holds that under Texas law, property owners can recover for trespass based on contamination by emission of airborne particulates. The only showing necessary is entry over land by some "thing." In addition, evidence in this...

Jones v. Texaco, Inc.

The court holds that the owners of a contaminated site may not recover damages for negligence, gross negligence, or strict liability from an oil company that previously owned the site and used it to dispose of oil-field waste. The court...