News & Analysis as of

Motion to Dismiss Nuisance

Nossaman LLP

When Restorative Waters Meet Flying Projectiles: Inverse Condemnation Claims in Ukiah

Nossaman LLP on

The contours of inverse condemnation liability are often tested by creative California plaintiff’s lawyers. In an opinion earlier this year, one Northern California Federal Court dealt with a novel lawsuit in which the Vichy...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Mold/Common Law Action: Maryland Appellate Court Addresses Negligence/Nuisance Claims

The Appellate Court of Maryland (“App. Ct.”) addressed in a June 27th Opinion issues arising out of alleged mold exposure. See Candace McCarthy v. Board of Commissioners for Frederick County, Maryland, 2025 WL 1778818....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Odors/Animal Rendering Facility: Federal Court Addresses Motion to Dismiss Nuisance/Negligence Claims

A United States District Court (D. Colorado) (“Court”) addressed in a March 29th Order procedural motions arising out of litigation relating to the release of odors from an animal rendering and used grease processing...more

Nutter McClennen & Fish LLP

‘Notice Pleading’ Passes the Smell Test in Noxious Odor Matter

Emphasizing the concept of “notice pleading” under Mass. R. Civ. P. 8, Judge Salinger recently denied a gelatin factory’s motion to dismiss. In Baranofsky v. Rousselot Peabody, Inc., a proposed class of neighboring City of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Coal Tar/Property Damage Action: New Jersey Appellate Court Addresses Statute of Limitations Issue

The Appellate Division of the Superior Court of New Jersey (“Court”) addressed in a June 20th opinion several issues associated with a landowner’s lawsuit alleging damages caused by coal tar originating from an adjacent...more

Gray Reed

Texas Anti-SLAPP Law: The Expanding Scope of the Texas Citizen’s Participation Act – Part 5 (the conclusion)

Gray Reed on

To conclude the series, we look at one more opinion — Serafine v. Blunt, No. 03-12-00726-CV, 2015 WL 2061922 (Tex. App.—Austin May 1, 2015). This case dealt with a property dispute, but the real interest comes from the...more

Beveridge & Diamond PC

District Court Limits Nuisance Claims Against Chemical Manufacturer in Elk River Spill

Finding only public interests at issue from contamination of public drinking water supplies, a West Virginia federal court dismissed a private nuisance claim, but not a public nuisance claim against a chemical manufacturer. ...more

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