M ORE L AW
LEXAPEDIA
Salus Populi Suprema Lex Esto

Information
About MoreLaw
Contact MoreLaw

Nuisance Law
 
Town of Westport v. Monsanto Company, Solutia, Inc. and Pharmacia Corporation District of Massachusetts Federal Courthouse - Boston, Massachusetts

This is an appeal from the entry
of judgment for the defendants in a products liability case brought
by the plaintiff, Town of Westport ("Westport"). The defendants
are Monsanto Company, Solutia, Inc., and Pharmacia Corporation
(collectively "Pharmacia"). Westport filed suit under
Massachusetts law against Pharmacia, seeking to recover the cost
of remediating Westport Middl... More...
   $0 (12-12-2017 - MA)

GEORGE EVANS v. UNITED STATES OF AMERICA The Asian Longhorned Beetle

THE BEETLES
We first rehearse the background of the case dividing
our account into four movements.
Norwegian Wood
The Asian Longhorned Beetle (ALB) is an invasive pest
that arrived in the United States from Asia, concealed in wooden
shipping crates and pallets. According to the United States
Department of Agriculture (USDA), the ALB has the grim potential
t... More...
   $0 (12-07-2017 - MA)

Department of Forestry and Fire Protection v. Eunice E. Howell

A wildfire started in Plumas County on September 3, 2007, and burned
approximately 65,000 acres over the course of multiple weeks. This fire, dubbed the
“Moonlight Fire,” was at the center of several actions filed by plaintiffs Department of
Forestry and Fire Protection (Cal Fire), Grange Insurance Association, and multiple
landowners
1 in 2009 and 2010 against defendants Eunic... More...
   $0 (12-07-2017 - CA)

George Evans v. United States of America District of Massachusetts Federal Courthouse - Boston, Massachusetts

In this case, a small bug incited
a lawsuit under the Federal Tort Claims Act (FTCA), 28 U.S.C.
§§ 1346(b), 2671-2680. The district court, acting through a
magistrate judge, ruled that the FTCA's discretionary function
exception barred the maintenance of the action. See Evans v.
United States, No. 14-cv-40042, 2016 WL 5844473, at *8 (D. Mass.
Sept. 30, 2016) (citing 28 U.S.... More...
   $0 (12-04-2017 - MA)

Hossein Shahbazian v. City of Rancho Palos verdes

Governments speak. They also petition. And they act in
ways that are neither speaking nor petitioning. It is important to
distinguish between the three, because Code of Civil Procedure
section 425.16 (section 425.16) may apply to the first two, but not
the third.
This case concerns whether the City of Rancho Palos
Verdes properly issued a permit for a fence separating twoMore...
   $0 (11-25-2017 - CA)

Hossein Shahbazian v. City of Rancho Palos Verdes

Governments speak. They also petition. And they act in
ways that are neither speaking nor petitioning. It is important to
distinguish between the three, because Code of Civil Procedure
section 425.16 (section 425.16) may apply to the first two, but not
the third.
This case concerns whether the City of Rancho Palos
Verdes properly issued a permit for a fence separating twoMore...
   $0 (11-22-2017 - CA)

Joshua Brenner v. American Education Services Eighth Circuit Courthouse - St. Louis, Missouri

Joshua Seth Brenner sued American Education Services (AES), allegingviolations of the Telephone Consumer Protection Act, 47 U.S.C. § 227. Brenner appeals the district court’s adverse grant of summary judgment. Having jurisdiction
under 28 U.S.C. § 1291, this court affirms.
Reviewing the record de novo in the light most favorable to the non moving
party, this court concludes that summar... More...
   $0 (11-21-2017 - MO)

Patricia Arellano v. Clark County Collection Service, LLC; Borg Law Group, LLC Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Can a debt collector avoid liability under the Federal Fair
Debt Collection Practices Act by obtaining the debtor’s
lawsuit through a writ of execution? We conclude that such
a procedure frustrates the Act’s purpose and is thus
preempted.

I

Patricia Arellano was overdue on a small amount of
medical debt—$371.89 to be precise. A private collection
agency, C... More...
   $0 (11-19-2017 - NV)

STATE OF NEW MEXICO v. LARRY BYROM New Mexico Court of Appeals

The facts are taken from the testimony at the suppression hearing held on June
18 11, 2015, unless otherwise noted. New Mexico State Police Sergeant James R.
19 Foreman responded to a call from dispatch on February 2, 2015 around 3:30 p.m.
2
1 concerning a man “slumped over the steering wheel” of his vehicle in the parking lot
2 of Dino’s Mini-Mart in Farmington, New Mexico. Th... More...
   $0 (11-08-2017 - NM)

The Traveler's Property Casualty Company of America v. Actavis, Inc.

The United States faces an epidemic of addiction, overdosing, death, and
other problems brought on by the increasing use and abuse of opioid painkillers. This
epidemic has placed a financial strain on state and local governments dealing with the
epidemic’s health and safety consequences. To seek redress for the opioid epidemic, the
County of Santa Clara and the County of Orange bro... More...
   $0 (11-07-2017 - CA)

Mario Watkins v. State of Indiana Indiana Supreme Court

A long-time confidential informant saw Mario Watkins in his Evansville home with a gun, cocaine, and marijuana. After receiving this tip, Evansville police got a search warrant, surveilled the house, and decided to send in the SWAT team. The team met to plan the warrant execution, taking into account the layout of the house, Watkins’s violent criminal history, and the danger posed by four adults w... More...   $0 (10-31-2017 - IN)

Dryden Oaks, LLC v. San Diego County Regional Airport Authority

In 2001, Michael Durkin used two limited liability companies—Dryden Oaks LLC
and Durkin-CAC Lot 24, LLC—to purchase two lots directly adjacent to the McClellan
Palomar Airport (Airport) in the City of Carlsbad, California (City). His development
plans for the two lots were initially successful despite determinations by the San Diego
County Regional Airport Authority (Authority) tha... More...
   $0 (10-23-2017 - CA)

Wiseman Park, LLC v. Southern Glazer's Wine and Spirits, LLC

Wiseman Park, LLC (appellant) appeals from the judgment entered
following the trial court sustaining the demurrer of Southern Glazer’s Wine
and Spirits, LLC (respondent)1 to appellant’s complaint without leave to
amend. Appellant, the holder of a license to sell alcoholic beverages in its
restaurant, purchased alcoholic beverages from respondent, a licensed
wholesale distributo... More...
   $0 (10-15-2017 - CA)

Chad E. Cohen and Kirsten Cohen v. Postal Holdings, LLC Second Circuit Court of Appeals - New York, New York

Plaintiffs‐Appellants Chad E. Cohen and Kirsten Cohen (the “Cohens”)
filed a Complaint in the Superior Court for the State of Connecticut against
Defendant‐Third‐Party‐Plaintiff‐Appellee Postal Holdings, LLC (“Postal
Holdings”), stating a claim of private nuisance based on injuries allegedly caused
by Postal Holdings’s failure to maintain a property it... More...
   $0 (10-11-2017 - CT)

City of Vallejo v. NCORP4, Inc.

The City of Vallejo (Vallejo or city) appeals from the denial of its request for a
preliminary injunction to enjoin the operation of a medical marijuana dispensary within
the city. The trial court concluded that the city’s ordinance conferring limited immunity
for the operation of such a dispensary conditioned on the prior payment of a business tax
imposes an unconstitutional ex po... More...
   $0 (10-01-2017 - CA)

Robert C. Livingston v. Catherine Livingston Harris County Courthouse - Houston, Texas

This suit arises from the acrimonious relationship between Catherine Livingston and her step-son, Robert Livingston. Catherine sued Robert for assault, false imprisonment, and infliction of emotional distress. A jury found that Robert
2
had not assaulted or falsely imprisoned Catherine, but it did find that Robert had intentionally inflicted severe emotional distress on Catherine and that ... More...
   $0 (09-21-2017 - TX)

Orange County Water District v. Sabic Innovative Plastics US, LLC

The Orange County Water District (District) was created by the California
Legislature to protect and manage groundwater supplies within its territory, which covers
most of Orange County, California. The District and other regulatory agencies have long
been aware of localized groundwater contamination caused by hazardous substance
releases at various sites in the so-called "South Ba... More...
   $0 (08-26-2017 - CA)

Xavier Laurens and Khadija Laurens v. Volvo Cars of North America, LLC and Volvo Cars USA, LLC

The idea of a theme and variations is a
common one in music. It should be in law, too. Here we return
to the familiar theme of a defense effort to pretermit a proposed
class action by picking off the named plaintiff’s claim.
Several variations on that theme have been tried and have
failed. See Campbell‐Ewald Co. v. Gomez, 136 S. Ct. 663 (2016)
2 No. 16‐3829
... More...
   $0 (08-25-2017 - IL)

Mercury Casualty Company v. City of Pasadena

In 2011, a storm brought hurricane-force winds to the City
of Pasadena (City), uprooting more than 2,000 trees. One of
those trees fell on the home of Sarah and Christopher Dusseault,
causing severe property damage. Before it fell, the tree stood in a
parkway that abuts the Dusseaults’ property. Although the City
owned the tree, there is no record of who planted it.
In 2012... More...
   $0 (08-25-2017 - CA)

Ponani Sukumar v. City of San Diego

Litigation under the Public Records Act (PRA) (Gov. Code,1 § 6250 et seq.) is
one of the rare instances where a losing party may still be deemed a prevailing party
entitled to an attorney fee award. This is because the plaintiff has prevailed within the
meaning of the PRA when he or she files an action that "results in defendant releasing a
copy of a previously withheld document." ... More...
   $0 (08-15-2017 - CA)

Energy Insurance Mutual Limited v. Ace American Insurance Company

This insurance coverage dispute arises from a massive explosion that occurred
when an unmarked petroleum pipeline was struck by an excavator. Numerous lawsuits
were filed against a range of defendants, including the pipeline owner and the staffing
agency providing personnel to the pipeline. After settling the lawsuits against the
pipeline owner, an excess insurer for the pipeline s... More...
   $0 (08-12-2017 - CA)

Orange County Water District v. Sabic Innovative Plastics US, LLC

The Orange County Water District (District) was created by the California
Legislature to protect and manage groundwater supplies within its territory, which covers
most of Orange County, California. The District and other regulatory agencies have long
been aware of localized groundwater contamination caused by hazardous substance
releases at various sites in the so-called "South Ba... More...
   $0 (08-07-2017 - CA)

Christine Koper, as Public Conservator, etc. v. K.W.

The Sonoma County Public Conservator (Conservator) petitioned under the
provisions of the Lanterman-Petris-Short Act (LPS Act) (Welf. & Inst. Code, § 5000
et seq.)
1
for appointment as conservator of the person for appellant K.W. The petition
alleged K.W. was gravely disabled due to a mental disorder, unable to provide for his
basic needs for food, clothing, or shelter, and... More...
   $0 (08-03-2017 - CA)

The Estuary Owners Association v. Shell Oil Company

In three cases consolidated in the trial court, the Estuary Owners Association
(EOA) and individual owners of condominiums built on the site of a former bulk fuel
distribution terminal sued successive owners and developers of the property, as well as
contractors involved in constructing the condominiums, over alleged contamination of
the soil and groundwater at the site and imprope... More...
   $0 (07-27-2017 - CA)

Amy Bolton v. George K. Fisher

While walking to her mailbox on July 10, 2014, Amy Bolton was viciously attacked by two dogs owned by her neighbor, Mataba Kisenda Tucker. After undergoing seven surgeries as a result of the attack, Bolton sued Tucker and her landlord, George K. Fisher, and asserted separate causes of action for negligence, strict liability, public nuisance, and private nuisance. Among other things, Bolton’s petit... More...   $0 (07-26-2017 - TX)

Next Page

 
 
Home | Add Attorney | Add Expert | Add Court Reporter | Sign In
Find-A-Lawyer By City | Find-A-Lawyer By State and City | Articles | Recent Lawyer Listings
Verdict Corrections | Link Errors | Advertising | Editor | Privacy Statement
© 1996-2018 MoreLaw, Inc. - All rights reserved.