Civil Procedure

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…

The court holds that several physicians' and a toxicologist's testimony that an individual's exposure to an herbicide caused his medical problems is inadmissible. None of the…

The court reverses and remands a district court contempt order imposing over $114 million in sanctions against a chemical manufacturing company for violating the court's discovery orders. The…

The court directs a district court to enjoin South Dakota state officials from relitigating in state court issues that the federal circuit court has already decided concerning the permitting of a…

The court holds that a city's denial of a developer's permit application to develop 37.6 acres of oceanfront property did not substantially advance a legitimate public purpose and denied…

The court refuses to preliminarily enjoin the U.S. Department of the Army from beginning incineration tests of chemical warfare agents at its disposal facility in Tooele, Utah. The court first…

A district court denies property owners' motions to sanction the U.S. Department of Energy (DOE) for violating discovery orders in the owners' toxic-tort suit against DOE contractors…

The court holds time barred a trespass action that an estate's representative brought against several companies for nonremoval of chemicals that they allegedly dumped on the decedent's…

The court affirms a district court order directing the U.S. government to release, under §2001(k)(1) of the Fiscal Year 1995 Emergency Supplemental Appropriations for Disaster Relief and…

The court holds that three doctors' testimony that exposure to radiation from thorium tailings caused plaintiff to contract polycythemia vera (PV) is not admissible under Fed. R. Civ. P. 702…