Adjoining landowners Ray Braxton and Chin Tuo Chen do not see eye to eye. In part, that is because the level portion of Chen’s land lies between twenty-five and thirty feet lower than Braxton’s land, and Chen has removed some of the dirt from the seventy-five-to-ninety-foot slope on his own land that laterally supports Braxton’s land. Braxton alleges that Chen wants to take the rest of the... More...   $0 (09-14-2011 - TX)

In 1999 and 2000, the federal Bureau of Land Management (“BLM”) applied the herbicide Oust to approximately 70,000 acres of federal lands in South Central Idaho in an effort to combat a devastating wildfire cycle. Wind carried some of the Oust off the federal land and onto privately owned farmland nearby. The herbicide caused significant damage to the crops on these farmlands. The Plaintiffs i... More...   $0 (09-08-2011 - ID)

Following a train crash that allegedly exposed a small town to cancer-causing agents, the Plaintiffs-Appellants sought damages on behalf of a putative class. The district court granted summary judgment for the train company, CSX Transportation (CSX), because the Plaintiffs had not established general or specific causation and, as a matter of law, any increased risk of cancer or other diseases was ... More...   $0 (09-08-2011 - OH)

This is an appeal from the trial court‟s dismissal of a suit based on a city‟s claim of sovereign immunity. The City of Beaumont declared Yvonne Como‟s commercial building a public nuisance and condemned the property. Como did not challenge the condemnation by filing a writ of certiorari, but she sued the City more than one year after the City demolished the building. The trial court granted... More...   $0 (08-31-2011 - TX)

Plaintiff-Appellant Philip Charvat alleges that Defendants-Appellees NMP, LLC and Media Synergy Group, LLC (together, “Defendants”) placed thirty-three unsolicited telemarketing calls to his home over a three-month period in 2008. He alleges that these calls violated the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, and the Ohio Consumer Sales Practices Act (“OCSPA”), O... More...   $0 (08-30-2011 - OH)

Minch Family LLLP ("Minch Family") sued the Estate of Gladys I. Norby and Robert N. Norby (collectively, "the Norbys") in diversity, seeking injunctive relief and damages for flooding of the Minch Family's property, allegedly caused by a field dike built on the Norbys' land. The magistrate judge1 denied the Minch Family's motion to amend its complaint to add a claim for punitive damages and its mo... More...   $0 (08-29-2011 - MN)

Plaintiff George Stokes appeals the district court’s grant of summary judgment to Defendant Southern States Cooperative (SSC) on Stokes’ claim of malicious prosecution under Arkansas law. The district court held Stokes failed to present evidence sufficient to withstand summary judgment on two of the five elements necessary to sustain his claim; namely, that in suing Stokes on a loan guaranty, ... More...   $0 (08-25-2011 - AR)

This is an interlocutory appeal under Fed. R. Civ. P. 23(f) from the denial of class certification for medical monitoring and property damage. Plaintiffs aver chemical companies dumped an alleged carcinogen at an industrial complex near their residences. The District Court found individual issues predominated on exposure, causation, and the need for medical monitoring and also found individual iss... More...   $0 (08-25-2011 - PA)

The present action is brought by plaintiff homeowners, Michael T. Gutierrez, Louise Gutierrez, Martin Gutierrez, Jr., Carmen V. Gutierrez, Anthony Bieggar, Rosa Bieggar, Frank Magdaleno, Carol Magdaleno, Ulric Presta, Nikki Presta, Chris E. Scott, and Michelle L. Scott, for inverse condemnation against defendant County of San Bernardino (the County). The alleged takings occurred during rainstorms ... More...   $0 (08-24-2011 - CA)

Respondents James C. Hill and Dawn L. Hill as trustees under Revocable Trust dated February 17, 1977 (the Hills) and appellant San Jose Family Housing Partners, LLC (LLC) own adjacent parcels of land located along U.S. Highway 101 in San Jose, California. Since the 1970s, the Hills have owned and operated a two-sided commercial billboard on a section of LLC‟s parcel, near the joint property line... More...   $0 (08-23-2011 - CA)

Philip Morris USA, Inc. (Philip Morris), appeals a judgment awarding Jodie Bullock $13.8 million in punitive damages after a jury trial. A jury previously had awarded $850,000 in compensatory damages. Philip Morris contends the punitive damages award is barred by res judicata as a result of the settlement of an action by the California Attorney General against Philip Morris and other cigarette man... More...   $13800000 (08-19-2011 - cA)

Larry and Glenda Hughes filed suit against the City of Gatesville seeking a declaratory judgment to invalidate the City’s zoning ordinance. The zoning ordinance reclassified certain property from single family residential to community facility. The trial court entered judgment declaring the ordinance void. The trial court permanently enjoined the City from enforcing the ordinance. The trial ... More...   $0 (08-18-2011 - TX)

This is an unusual case involving a nuisance claim based on "neutral-to-earth voltage" (NEV), also called "stray voltage" or "stray current," passing along the ground of a residential property. Plaintiffs, Gary and Eileen Smith, husband and wife, sued defendant, Jersey Central Power & Light Company, because high NEV levels from its electrical distribution system gave them shocks in their backyard.... More...   $0 (08-10-2011 - NJ)

In 1971, William Carlo Jachetta applied for a 160-acre Native allotment comprised of two parcels (Parcel A and Parcel B) but, because of an error of the United States government, his application was initially processed only as a request for Parcel A, which the Bureau of Land Management (“BLM”) issued to Jachetta in 1986. In 2004, after long and complicated administrative proceedings, the BLM f... More...   $0 (08-01-2011 - AK)

David and Lenora McEwen sued MCR LLC of Shelby on breach of contract, negligence and nuisance theories claiming that Defendant breached an agreement with them in which they agreed to allow MCR to put water out of a gas well that it drilled in a pond that they owned as long at the water was fit for consumption by cattle that they kept on the ranch that they owned. They claimed that MCR pumped salt... More...   $437100 (07-29-2011 - mt)

The case involves a dispute over the use of a non-exclusive roadway and utility easement. Daniel Burg ("Mr. Burg") and Kris Burg ("Mrs. Burg") (collectively the "Burgs") own a tract of residential property benefitted by the easement. The easement runs across a tract of property owned by Marsha Dampier ("Dampier"), but occupied by Sabrina Graham ("Graham") (collectively the "Appellants") pursuant t... More...   $0 (07-26-2011 - MO)

[¶1.] Insureds sued their insurance company for breach of its duty to defend in a pollution suit. The circuit court granted summary judgment for the insureds, ruling that it appeared from the face of the complaint brought by a third party against the insureds that the alleged claim, if true, fell within policy coverage, and therefore, the insurance company breached its duty to defend. On appeal, ... More...   $0 (07-20-2011 - SD)

Plaintiffs seek damages from the United States for injuries to a child allegedly caused by exposure to the toxic heavy metal thallium from soil dumped into a landfill adjacent to the child’s residence and school. The child, by her guardian ad litem, appeals a decision of the district court finding that the United States acted “reasonably” and did not breach any duty in conducting the soil re... More...   $0 (07-15-2011 - CA)

Harvey Edwards sued the City of Jonesboro, its mayor, and the members of its city council, alleging that methane gas from a city landfill invaded a tract of land owned by Edwards and so reduced its value as to amount to a taking of the property by the City. He sought just compensation under the Fifth and Fourteenth Amendments, other compensatory damages, punitive damages, and injunctive relief.More...   $0 (07-14-2011 - AR)

2 Plaintiff brought several claims against defendants Scott and Andrea
3 Torrance and the City of Lincoln City arising from a longstanding dispute among the
4 parties about aspects of the operation of plaintiff's landscaping business that resulted in
5 the deposit of windblown dust and dirt onto adjoining property owned by the Torrances.
6 Among other claims, plaintiff sought a pre... More...   $0 (07-13-2011 - OR)

Garland C. Pool, Jr. and his sister, Dolores Pool Herrington (collectively Appellants), appeal the trial court’s issuance of a permanent injunction prohibiting them from operating an all-terrain vehicle (ATV) park on their 3,000 acre ranch. In two issues, Appellants contend that the trial court erred in determining that the noise from their ATV park constituted a nuisance and that the injunctio... More...   $0 (07-13-2011 - TX)

Sandra Cross (Cross) leased a house to Stephen and Laura Cooper. As the lease was about to expire, Cross put the house up for sale and entered a contract of sale with prospective buyers. After the prospective buyers backed out, Cross sued the Coopers for interfering with the sale and causing it to fail. In her complaint, Cross asserted several claims based, in part, on allegations that the Coopers... More...   $0 (07-11-2011 - CA)

Vernon Hanes sued Premium Standard Farms on a nuisance theory claiming that Defendant's confined hog feeding operation had damaged his use and enjoyment of his Daviess County property in northwest Missouri.

Premium Standard Farms has taken steps to cut down on odors. Defendant has about 97,000 sows that will produce about 1.8 million market hogs throughout its locations in six Missouri coun... More...   $0 (06-24-2011 - MO)

The collision occurred as the plaintiff was driving northbound on Dumfries Road, a divided primary... More...   $0 (06-19-2011 - VA)

On May 10, 2011, this case came before the Supreme Court pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not summarily be decided. After hearing the arguments of counsel and reviewing the memoranda of the parties, we are satisfied that cause has not been shown. For the reasons set forth in this opinion we affirm the order of the Super... More...   $0 (06-17-2011 - RI)