Tort Law

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 plaintiff-appellant landowners' allegation that gasoline contamination from an adjoining property constituted a continuing nuisance presents an arguable cause of action…

The court holds that the owner of a salt mine is not liable to the owners of the surface estate for damage that the mine suffered during a collapse and innundation, but may be liable for damages…

The court rejects a district court trial plan that provided for a unitary trial on general liability and causation in a mass tort case against an oil company that owned a crude oil storage waste…

The court holds that native Alaskans may not bring a public nuisance action to recover damages for noneconomic "cultural" injuries they incurred as a result of the 1989 grounding of the…

The court holds that property owners' negligence, nuisance, and trespass claims against a battery crushing and lead processing plant in their neighborhood are time barred. The court first…

The court holds that a former owner of petroleum-contaminated property is not liable to the current owner on state-law claims of fraud and strict liability for the alleged expense of removing…

The court holds that the owners of a contaminated site may not recover damages for negligence, gross negligence, or strict liability from an oil company that previously owned the site and used it…

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 decision that an oil company is liable for commonlaw misrepresentation and engaging in unfair or deceptive trade practices in violation of Massachusetts General…