Tort Law

The court holds that an insurance agent is liable to a hazardous waste removal company for the negligent misrepresentation of an insurance contract that was supposed to provide basic pollution…

The court upholds a jury verdict awarding punitive damages to three individuals who suffered injuries after the employee of a pest control company sprayed toxic pesticides in the individuals…

The court holds that the discretionary function exception to the Federal Tort Claims Act (FTCA) barred an individual's FTCA claim against the National Park Service for failure to repair or…

The court reverses a district court order awarding landowners $1,083,585 following a jury verdict insofar as that amount was based on the landowners' Comprehensive Environmental Response,…

The court affirms a magistrate judge's decision awarding an oil transporter $90,766 for damages arising from hazardous sludge loaded onto the transporter's barge by the seller of spent…

The court reverses and remands a district court decision dismissing a wrongful death action brought by the deceased's family and holds that a special jury instruction should have been given…

The court grants in part and denies in part a New York municipal village's motion to dismiss property owners' negligence and Fourteenth Amendment due process claims against the village…

The court grants a panel for rehearing to clarify factual statements from its May 2, 2000, opinion in which it upheld a district court decision finding a previous owner of an oil refinery liable…

The court affirms a district court decision holding the former owner of an abandoned refinery responsible under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)…

The court holds that a trial court improperly certified as a class residents of a community that alleged that several manufacturers contaminated a portion of their city's groundwater. The…