Nuisance Law
 
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)

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)

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)

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)

N.C. Corff Partnership, Ltd. v. Oxy USA, Inc.

¶1 Plaintiffs appeal from the trial court's grant of summary judgment to Defendant, OXY USA, Inc. (OXY), in this action for alleged pollution of groundwater by OXY's operation of oil and gas wells on or near Plaintiffs' property. Plaintiffs also seek review of the trial court's ruling dismissing the general partners of N.C. Corff Partnership, Ltd. (Partnership) as parties to the case. We reverse a... More...   $0 (07-20-1996 - OK)

Hollie A. Beal v. Town of Stockton Springs

[¶1] Hollie A. Beal appeals from a judgment of the Superior Court
(Waldo County, R. Murray, J.) affirming a decision by the Town of Stockton
Springs’s Board of Selectman (the Board) determining that a structure owned
by Beal was a dangerous building or nuisance pursuant to 17 M.R.S. § 2851
(2016). Beal contends that (i) the Board violated her due process rights when
the Board a... More...
   $0 (01-12-2017 - ME)

Multiple Injury Trust Fund v. Tommy Garrett

¶1 The dispositive issue presented on review is whether the claimant met the statutory definition of a "physically impaired person" at the time of the claimant's second on-the-job injury for purposes of determining eligibility for Multiple Injury Trust Fund (Fund) benefits. Subsumed in this determination is whether a duly-executed settlement agreement-memorialized on a form prescribed by the Worke... More...   $0 (06-27-2017 - OK)

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)

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)

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)

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)

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)

Multiple Injury Trust Fund v. Tommy Garrett

¶1 The dispositive issue presented on review is whether the claimant met the statutory definition of a "physically impaired person" at the time of the claimant's second on-the-job injury for purposes of determining eligibility for Multiple Injury Trust Fund (Fund) benefits. Subsumed in this determination is whether a duly-executed settlement agreement-memorialized on a form prescribed by the Worke... More...   $0 (06-27-2017 - OK)

Gayle S. Cummings v. Jennifer Dessel

Defendants Jennifer Dessel and her daughter, Emily Seal, were half-owners of an
investment property; plaintiff Gayle S. Cummings owned the other half. After disputes
arose, Cummings sued seeking partition of the property. Following a bench trial, and
over the objection of Dessel and Seal, the court ordered partition of the property by the
appraisal method—that is, each half-owner c... More...
   $0 (07-20-2017 - CA)

Berkel & Company Contractors, Inc. v. Tyler Lee and Leigh Ann Lee, Individually and as Next Friend of Sydney Rose Lee, Minor

This is an appeal from a final judgment rendered after a trial by jury in a personal-injury lawsuit. The injury occurred on a commercial construction site, following the collapse of a crane. The claimant was the general contractor’s superintendent, and he sued a subcontractor on claims of negligence, gross negligence, and intentional injury. The jury made findings in favor of the claimant, and the... More...   $0 (07-13-2017 - TX)

Mattie Halley v. Honeywell International Inc., PPG Industries, Inc.

This is an appeal from the approval of a settlement of a Federal Rule of Civil Procedure 23(b)(3) class action arising out of hexavalent chromium contamination in Jersey City,
4
New Jersey. The class action was brought on behalf of property owners in several neighborhoods in Jersey City whose homes were allegedly contaminated by byproducts disposed of at two chromium chemical manufacturing... More...
   $0 (07-03-2017 - NJ)

Ryan Martin v. State of Indiana Idiana Court of Appeals

On January 23, 2015, Starke County Sheriff’s Chief Detective Rob Olejniczak
and Jaime Fletcher conducted a search of a residence Detective Olejniczak
believed was owned by Martin’s mother following Martin’s consent.1 Martin
advised Detective Olejniczak that he was staying at the residence. Police
discovered a bag in the corner of the front porch containing drug paraphernalia,... More...
   $0 (06-30-2017 - IN)

Aristea Hupp v. Solera Oak Valley Greens Association

INTRODUCTION
Plaintiff Aristea Hupp (Aristea) appeals judgment entered after the trial court
granted defendants Solera Oak Valley Greens Association and City of Beaumont Animal
Control Officer Jack Huntsman’s1 ex parte application to dismiss Aristea’s first amended
complaint (FAC) under the vexatious litigant provision, Code of Civil Procedure section
391.7.
2
Aristea ... More...
   $0 (06-25-2017 - CA)

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