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Date: 01-26-2024

Case Style:

Kipp Cattle LLC v. Union Pacific Railroad Co.

Case Number: 2:23-cv-00611

Judge: James O. Browning

Court: United States District Court for the District of New Mexico

Plaintiff's Attorney:

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Defendant's Attorney: Las Cruces, New Mexico, insurance defense lawyer represented the Defendant.

Description: Las Cruces, New Mexico, personal injury lawyer represented the Plaintiff who sued the Defendant on a tort to land theory.

"At its core, the tort of trespass to land protects and vindicates a possessor’s right to exclusive possession against physical intrusions that are intentional (in the particular sense discussed in § 1.5 below) and unauthorized. Thus, the standard instance of this tort involves an actor, without permission or other authorization, intentionally entering land that is possessed by another, or intentionally causing a physical entry upon land that is possessed by another. (As explained below, in addition to cases of entry, some trespasses involve actors remaining on, or failing to remove objects from, land.)" The ALI Adviser

Outcome: Final judgment

Plaintiff's Experts:

Defendant's Experts:


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