Civil Procedure

The court holds that a railroad company lessor is barred from recovering economic losses and property damages associated with hazardous waste contamination on its leased site. The court first…

The court holds that a district court improperly excluded a medical expert's testimony on causation in a case brought by a family seeking damages for cognitive injuries due to an exterminator…

The court holds that claims, asserting violations of various environmental statutes, the common-law nuisance doctrine, and the Fifth Amendment's takings clause, based on landowners'…

The court reverses a district court decision that set aside a jury verdict award of $500,000 in compensatory damages to a service station for the remediation of contamination caused by a…

The court holds that a consent judgment under which the United States acquired title to Horn Island in the Gulf of Mexico is null and void. Plaintiff-appellants had contracted to sell a portion of…

The court vacates district court sanctions that called for the suspension of three attorneys and the payment of $1 million to a halfway house, but affirms a $120,000 sanction for counsel fees and…

The court holds that a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) defendant is not entitled to access to materials from an earlier grand jury proceeding…

The Court affirms a Third Circuit decision that a class-action certification seeking settlement of current and future asbestos-related claims failed to satisfy the requirements of Fed. R. Civ. P.…

The court holds that the state of Texas met the requirements for intervention as of right in various capacities in an action where an environmental group brought suit under the Endangered Species…

The court holds that landowners presented a prima facie case of trespass and nuisance against the U.S. Fish and Wildlife Service (FWS) for exceeding the scope of a wetlands easement over their…