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Tort Law

Ludlow v. BP, P.L.C.

The Fifth Circuit affirmed a lower court decision that investors who bought BP stock soon after the 2010 Deepwater Horizon oil spill may file a class action against the oil company for alleged misrepresentations regarding the...

Ladra v. New Dominion, LLC

The Supreme Court of Oklahoma held that a woman injured in a 2011 earthquake may go forward with her suit against two energy companies for allegedly causing the quake due to hydraulic fracturing operations. A lower court dismissed the...

Adkisson v. Jacobs Engineering Group, Inc.

The Sixth Circuit reversed and remanded a lower court decision dismissing individuals' lawsuit against a government contractor on jurisdictional grounds, holding that the company was not necessarily immune from suit. The case arose out...

Antero Resources Corp. v. Strudley

The Colorado Supreme Court held that state law does not allow a trial court to issue a modified case management order, such as a "Lone Pine" order, that requires a plaintiff to present prima facie evidence in support of a claim...

What’s Old Is New Again: State Common- Law Tort Actions Elude Clean Air Act Preemption

It usually takes at least three to start a trend, but two recent appellate-level decisions suggest a new air pollution enforcement trend is in the making: Environmental plaintiffs may be able to avoid Clean Air Act (CAA) preemption by...

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...

Anderson v. Teck Metals, Ltd.

A district court granted in part and denied in part a motion to dismiss a class action lawsuit against a Canadian mining company for allegedly causing individuals residing near the Upper Columbia River to suffer various health diseases...

Shanley v. Chalmette Refining, LLC

A district court dismissed four individuals' claims that the emission of hydrogen sulfide (H2S) and sulfur dioxide (SO2) from an oil refinery in Chalmette, Louisiana, caused them a variety of physical and mental damages. The toxic tort...

Bryant v. United States

The Eleventh Circuit dismissed military families' claims against the government under the Federal Tort Claims Act for various health problems due to their alleged exposure to toxic substances in the drinking water while living at a...

Being Small in a Supersized World: Tackling the Problem of Low-Level Exposures in Toxic Tort Actions

Low-level toxic tort claims are challenging traditional tort notions of injury and causation. Low-level exposures form the basis of claims in both environmental contamination cases and toxic product liability actions and may involve...