Negligence

The court holds that a district court incorrectly applied the doctrine of offensive collateral estoppel, thereby precluding the owner of a uranium mill from litigating the issue of negligence, in…

The court holds that a state could be held negligent for failing to remove underwater debris that injured a swimmer even though the state environmental agency never formally designated for…

The court holds that a gasoline distributor is not liable for groundwater contamination caused by a service station's leaking underground storage tanks (USTs). The owner of property adjacent…

The court holds that a city is not immune from a company's negligence suit for allegedly delivering contaminated water to the company's facilities. The company sought damages for the…

The court refuses to dismiss a property owner's nuisance claims against a company that contaminated land near the owner's home with polychlorinated biphenyls (PCBs). The court, however,…

The court holds that a commercial property owner may bring a negligent remediation claim against the owner of a gasoline station for damages allegedly caused by gasoline that leaked from the…

The court holds that a chemical manufacturer had no duty to warn the U.S. Air Force or its employees of the potential hazards of chemicals used to clean aircraft engines. The court first holds…

The court held that homeowners failed to establish a genuine issue of material fact as to necessary elements of their negligence, implied warranty of merchantability, express warranty, and strict…

The court affirms a jury verdict in favor of defendants, a gas station and an environmental consulting group, in a suit alleging property damage from a trespassing and leaking underground gasoline…

The court affirms in part and reverses in part a district court decision on trespass, nuisance, strict liability, and negligence claims brought by property owners in Mississippi against a tire…