Tort Law

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 upholds a district court approval of a class action settlement between an oil company and landowners whose properties were contaminated as a result of underground oil seepage originating…

The court holds that under Delaware law, a tort claimant that was fraudulently induced to release another from liability may rescind the release or may file a separate suit for fraud. A Florida…

The court holds that it lacks subject matter jurisdiction over a former battery manufacturer's Federal Tort Claims Act (FTCA) claim against the United States to recover $4.5 million the…

The court holds that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts a farmer's state-law claims against a herbicide manufacturer. The farmer sought damages based on…

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 holds that a district court properly reduced a $15 million punitive damage award to $4.35 million in a nuisance and trespass case against a mining company that contaminated neighboring…

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,…