Tort Law

The Third Circuit held that a property owner's nuisance, negligence, and strict liability claims against a neighboring landfill are not continuing torts and, thus, are barred by the statute…

A district court dismissed a property owner's negligence and mutual mistake claims against the former owner, as well as its request to rescind the purchase agreement, due to contamination…

A district court dismissed a fraud claim brought by a car wash operator against the seller of the property—an oil company—for requiring the operator to sign a document stating that he intended to…

A district court held that the former owner of contaminated property may be held liable under tort and the New York Navigation Law for failing to report or prevent the spread of that…

A Michigan appellate court reversed the dismissal of property owners' nuisance claims against a manufacturing company for groundwater contamination. The lower court relied on Adkins v…

A district court held that the CAA preempts a city transit employee's negligence and strict liability claims against a company for injuries stemming from diesel exhaust fumes. The…

A district court held that residents' state law tort claims against the former owners of an industrial site should not be dismissed under the "primary jurisdiction" doctrine.…

A Pennsylvania appellate court held that an independent contractor hired to test emissions at a beryllium plant had no legal duty to warn third parties about the health risks stemming from those…

A district court dismissed landowners' OPA claim against a company for damages stemming from an oil spill in the Verdigris River in Kansas, but denied the company's motion to dismiss…

The Tenth Circuit affirmed a lower court decision dismissing individuals' Price Anderson Act lawsuit against a mining company for injuries allegedly caused by their exposure to radiation from…