Nuisance Law
 
Assn. for LA Deputy Sheriffs v. LA Times

According to appellants, the Los Angeles County Office of Public Safety (OPS) used to be a law enforcement agency separate from the Los Angeles County Sheriff’s Department (LASD). In 2010, the County decided to merge OPS into LASD. Apparently, OPS officers who wanted to work for LASD were required to complete application forms for LASD. LASD hired former OPS officers to work as deputy sheriff

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Matthew Dueling, et al v. Devon Energy Corporation

Plaintiffs filed their lawsuit within the two-year statute of limitations for nuisance claims,1 but they initially named the wrong defendant. The case lingered on the state court’s docket without activity for more than a year until the state court dismissed the case for want of prosecution. Plaintiffs hired new counsel, and the state court granted Plaintiffs’ unopposed motion to reinstate the

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Coppinger v. Rawlins

Prior to October 1980, the property in question, consisting of 2.43 acres in Riverside County, California, was owned by John and Nancy Robinson. The property is situated at the intersection of Nance Street and Clark Street in an unincorporated portion of Riverside County.
In October 1980, Robinson subdivided the property into Parcels 1 and 2, and dedicated Lots A through C, comprising thirty

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Chestnut v. AVX Corporation

Respondent manufactures electronic parts at a plant in North Myrtle Beach, South Carolina. In 1980, respondent began using a chemical called trichloroethylene (TCE)2 as a degreaser to clean machine tools and parts. At some point, TCE escaped respondent's plant and migrated beyond the boundaries of respondent's property, contaminating surrounding properties and groundwater.
In December 1996,

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Silva v. Steadfast Insurance Co

Gary P. Silva appeals from the entry of summary
judgment in favor of Steadfast Insurance Company (Steadfast).
In his complaint, Silva claimed that Steadfast violated G. L.
c. 176D, § 3(9), and G. L. c. 93A, §§ 2 and 11, by failing to
effectuate a prompt, fair, and equitable settlement of earlier
litigation arising out of damage to Silva's business caused by a
bot

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George M. Bishop, et al v. Chappell Hill Service Company, LLC and High Meadows Land & Cattle, LLC

The appellants, George M. Bishop, Doug Bulcao, Senator John Whitmire,
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Paula Barnett, Marsha W. Zummo, Juan Carlos Lopez de Garcia, Sara English, Antonio Lopez de Garcia, Peter Eischen, Mark Cegielski, Marilyn Sanders, Tom Holy, Robert Stark, D.O., Beth Stark, Maureen Holy, Jack Edwards, and Julie Edwards (collectively, “the Property Owners”), all own property in or around Chappell Hi

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Lee Ann Wheelbarger v. The Landing of Counsel of Co-Owners

After Hurricane Ike caused significant damage to their homes, a group of condominium owners sued their condominium association and members of its board. The plaintiff owners argued that by failing to repair hurricane damage to the condominium complex and by demolishing it, the association acted negligently, breached the association’s declarations and bylaws, and violated the Texas Property Code.

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EQ Oklahoma, Inc. v. A Clean Environment Co.

¶1 A Clean Environment Company (ACE) appeals the trial court's September 13, 2013, order awarding it and EQ Oklahoma, Inc. (EQ) an attorney's fee. Based upon our review of the record and applicable law, we affirm in part, reverse in part, and remand with instructions.

FACTS

¶2 EQ and ACE are companies that process hazardous waste materials. In 2010, EQ purchased an industrial s

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Susan H. Chadd v. United States of America

Seattle, WA - Ninth Circuit reverses grant of Tort Claim summary judgment on wrongful death claim

We must decide whether the United States may be sued
under the Federal Tort Claims Act for the actions of the
National Park Service relating to a mountain goat that
attacked and killed a Park visitor.
I
A
Established in 1938, Olympic National Park (“Olympic”
or

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PREDATOR INTERNATIONAL, INC. v. GAMO OUTDOOR USA, INC.

Attorney John Cogswell appeals the imposition of a Rule 11 sanction. Acting on
behalf of Predator International, Inc., Cogswell filed a lawsuit in April 2009 in the United
States District Court for the District of Colorado against Gamo Outdoor USA, Inc. and
Industrias El Gamo, S.A. (collectively, Gamo). The original complaint alleged patent
infringement and other claims. Whe

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SAMUEL R. JAHNKE AND SONS v. BLUE CROSS AND BLUE SHIELD OF KANSAS, INC.

Samuel Jahnke (Jahnke) brought suit against Blue Cross and Blue Shield of Kansas, Inc., due to BCBS's refusal to pay medical bills he incurred for his treatment, including surgery, of a brain tumor. BCBS denied benefits for the medical costs
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associated with the surgery because the costs had been incurred during the policy's 240day waiting period for the treatment of tumors and growth

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LVNV Funding, LLC v. Trice

¶ 1 This appeal comes to us from the circuit court of Cook County, the court having declared sections 4.5, 14, and 14b of the Collection Agency Act (Act) (225 ILCS 425/4.5, 14, 14b (West 2008)) unconstitutional. Following remand from an appellate court decision in which that court held—referencing, inter alia, the Act’s penalty provisions—that “a complaint filed by an unregistered collec

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Erinn Foster, Matt Steward and Leah Foster v. Terry Butts

Norman, OK - Erinn Foster, Matt Steward and Leah Foster sued Terry Butts on personal tort theories claiming:

1. The acts complained of herein occurred on and after December 3, 2013, at 4733 and 4737 Forest Hills Dr., within the City of Noble, County of Cleveland, State of Oklahoma.
2. The defendant is the owner of a vicious pit bull terrier which he harbors and owns at 4733 Forest Hil

More...   $45000 (06-10-2015 - OK)

LVNV Funding v. Matthew Trice

¶ 1 This appeal comes to us from the circuit court of Cook County, the court having declared
sections 4.5, 14, and 14b of the Collection Agency Act (Act) (225 ILCS 425/4.5, 14, 14b (West
2008)) unconstitutional. Following remand from an appellate court decision in which that
court held—referencing, inter alia, the Act's penalty provisions—that "a complaint filed by an

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Richard Moss v. LaFortune Properties, LLC

Tulsa, OK - Richard Moss sued LaFortune Properties, LLC on a premises liability (negligence) theory claiming:

1. Richard Moss, ("Mr. Moss”) at all times relevant hereto, is an individual residing in Tulsa, Tulsa County, Oklahoma.
2 LaFortune Properties LLC is a domestic limited liability company incorporated in
Oklahoma and was the owner of Magnolia Manor at 4747 S. Darlingt

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Merilyn Cook v. Rockwell International Corporation and DOW Chemical Company

Harnessing nuclear energy is a delicate business. So is the statute before
us. Originally passed in the 1950s in an era captivated by the promise of nuclear
power and amended in the 1980s in the aftermath of the Three Mile Island
meltdown when prevailing public sentiment was perhaps less sanguine, the Price-
Anderson Act seeks both to promote the private nuclear energy industry and

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Eric Walker v. Builddirect.com

¶1 The United States Court of Appeals, Tenth Circuit, certified the following question of Oklahoma law under the Revised Uniform Certification of Questions of Law Act, Okla. Stat. tit. 20, §§ 1601-1611 (2011):

Does a written consumer contract for the sale of goods incorporate by reference a separate document entitled "Terms of Sale" available on the seller's website, when t

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Lilli Shoen v. Juliet Zacarias

A trial court has the power to issue an equitable easement authorizing a trespasser to continue her trespass in exchange for paying damages, but only if, among other things, the hardship on the trespasser in ceasing the trespass is "greatly disproportionate” to the hardship on the land's owner in losing use of the trespassed-upon portion of her land. (E.g., Tashakori v. Lakis (2011) 196 Cal.

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Alberto R. Garza and Leticia I. Garza, Individually and as Next Friends of Alexandra I. Garza and Kassandra R. Garza v. Melden & Hunt, Inc.

Appellants, Alberto R. Garza and Leticia I. Garza, individually and as next friends
of Alexandra I. Garza and Kassandra R. Garza ("the Garzas”), challenge the trial court's
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summary judgment in favor of appellee, Melden & Hunt, Inc. ("Melden”), a surveying and
engineering firm. We affirm.
I. BACKGROUND
The underlying dispute arose as a result of flooding at the

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Wendell E. Bennett, Jr. v. Ronald S. Hill

¶1 Wendell Bennett, Jr., Kathryne Bennett, Karla Lange, Schneiter Enterprises, LTD,
and Roger F. Dallner Trust ("Appellants”) appeal from the orders of the Montana Thirteenth
Judicial District Court, Yellowstone County, granting summary judgment and ordering
attorney fees in favor of Ronald Hill, Specialized Construction, Inc., Ronald S. Hill, LLC,
and Lake Hills Golf, LLC (

More...   $0 (02-03-2015 - MT)

Eric Walker v. Bouilddirect.com

¶1 The United States Court of Appeals, Tenth Circuit, certified the following question of Oklahoma law under the Revised Uniform Certification of Questions of Law Act, Okla. Stat. tit. 20, §§ 1601-1611 (2011):

Does a written consumer contract for the sale of goods incorporate by reference a separate document entitled "Terms of Sale" available on the seller's website, when t

More...   $0 (05-05-2015 - OK)

Aldes W. Kennedy v. Heona S. Kidd

¶1 This cause is before us on a petition for writ of certiorari pursuant to 12 O.S. 1971, Ch. 15, App. 2, Rules 1.50-1.67. Petitioner, Administrator of the estate of Dafford O. Kennedy, deceased, seeks review of a certified interlocutory order overruling her demurrer to the petition of Neona S. Kidd, respondent. We grant certiorari, reverse the trial court's order and remand with instructions to

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Jan J. Golnick v. Jack W. Callender

Jan J. Golnick appeals from the district court's judgment in his negligence action against Jack W. Callender. Callender amended his answer to admit that he was negligent in causing the vehicle accident that injured Golnick. Thereafter, the court sustained Callender's motion to preclude evidence of his negligence at trial. The court also denied Golnick's request to amend his complaint to allege spe

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Neil Donner And Kiyomi Donner v. James M. Blue

Homeowners Neil and Kiyomi Donner appeal an order for summary
judgment dismissing their breach of easement, negligence, nuisance, and trespass
claims against neighboring homeowners for damages to their residence resulting from a
clogged private sewer line shared by the parties. They argue the trial court erred when
71441-4-1/2
it dismissed their claims because respondent James

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Tabitha Becker v. Hoodoo Ski Bowl Developers, Inc. d/b/a Hoodo Ski Area

Plaintiff Becker, who was injured by a chair lift at
Hoodoo's ski area, brought this negligence action against
defendant Hoodoo Ski Bowl Developers, Inc. (Hoodoo).
Hoodoo filed a motion for summary judgment, arguing that
it was entitled to the affirmative defense of release, and
Becker filed a cross-motion for partial summary judgment,
arguing that the release was unenforce

More...   $0 (03-18-2015 - OR)

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