Bar Exam Toolbox Podcast Episode 105: Listen and Learn -- Public and Private Nuisance
A South Carolina state trial court recently dismissed a climate tort case filed by the City of Charleston seeking to hold major energy companies liable for harms allegedly caused by climate change. This ended a case that had...more
On May 19, the Eastern District of New York (the Court) dismissed claims brought by the Town of Oyster Bay, New York (the Town) under Section 20(a)(1) of the Toxic Substances Control Act (TSCA)1 and for public nuisance...more
On January 23, 2025, in an opinion for City of Annapolis v. BP PLC, et al. and Anne Arundel County, Maryland v. BP PLC, et al., the Circuit Court of Anne Arundel County, Maryland, dismissed two cases brought by the City of...more
The City of Savannah, Georgia on February 5th filed a Complaint in the Superior Court of Chatham County, Georgia against a number of companies alleging damages related to per- and poly-fluoroalkyl substances (“PFAS”). See...more
Earlier this month, the Law Court weighed in on a hot-button legal issue—the potential liability of opioid manufacturers for the costs of the drug epidemic. In Eastern Maine Medical Center v. Walgreen Company, the Law Court...more
Los Angeles County Counsel Dawyn Harrison sued PepsiCo and Coca-Cola on October 30, 2024, alleging responsibility for the impacts of plastic packaging littered in Los Angeles County. The next day, a New York State judge...more
Concerns surrounding plastic, particularly microplastics and synthetic microfiber, pollution are growing. As federal and state governments continue to focus on this issue, lawsuits seeking to hold companies accountable for...more
Pets are a valued part of our society. However, sometimes, owners or keepers of pets create dangerous situations for both their pets and others. If you or a loved one is attacked by a dog, the damages can be serious. ...more
In the UAE, community living is a common lifestyle choice, encouraging a sense of togetherness and shared experiences. However, this closeness to neighbors can sometimes lead to challenges, especially concerning the...more
The Supreme Court of New Zealand recently removed some significant roadblocks to bringing private law claims against major corporate greenhouse (GHG) emitters with a decision made in the case of Smith v. Fonterra....more
New York Supreme Court (“Supreme Court, Appellate Division”) addressed in a March 15th Memorandum and Order (“Order”) issues arising out of a common law judicial action filed by a real estate developer against a landfill. ...more
On appeal of a strike out decision, the Court gives the plaintiff “his day in court” to argue that corporates owe a common law duty of care in tort to reduce greenhouse gas emissions. On 7 February 2024, the Supreme...more
New York Attorney General Letitia James (“AG”) filed a November 15th Complaint in the Supreme Court of the State of New York (County of Erie)(“Court”) against PepsiCo, Inc., Frito-Lay, Inc., and Frito-Lay North American, Inc....more
On September 15, 2023, California filed a lawsuit against the major oil companies, presenting claims under a variety of theories, including public nuisance and false advertising. This lawsuit is similar to ones filed by...more
In a civil suit filed in Oregon state court in June 2023, an Oregon county is suing more than a dozen large oil, gas and coal companies, seeking more than $50 million in damages, in connection with a 2021 “heat dome” and...more
The New York Supreme Court (Appellate Division) (“Appellate Court”) addressed in an August 11th Memorandum and Order (“Memorandum”) an issue involving a judicial action alleging diminished flow of water between two...more
Tennessee AG Jonathan Skrmetti is suing more than 20 per- and polyfluoroalkyl substance (PFAS) manufacturers, including 3M and DuPont, seeking injunctive and monetary relief under the state’s public nuisance and uniform...more
The recent trial in a case now settled highlights the potential expansion of public nuisance claims under California law, and in large-scale public nuisance actions more broadly. On April 24, 2023, opening arguments...more
Notices of filing bankruptcy from debtors to its creditors are intended to halt all collection efforts of prepetition debts. But where lenders are required by law to provide information to mortgagors who are debtors in...more
In Westfield National Insurance Co. v. Quest Pharmaceuticals, the Sixth Circuit held that two insurers owed no coverage obligations to Quest Pharmaceuticals in connection with 77 lawsuits filed against it alleging misconduct...more
On July 4, 2022, Judge David A. Faber of the United States District Court for the Southern District of West Virginia entered a bench trial verdict in favor of defendants AmerisourceBergen Drug Corporation, Cardinal Health,...more
A hotel owner brought a lawsuit against a county transportation authority and a general contractor for nuisance and inverse condemnation alleging that the construction of an underground subway line disrupted the operation of...more
The U.S. Court of Appeals for the Tenth Circuit ruled in February 2022 that federal jurisdiction did not exist over a case brought by a group of Colorado municipalities accusing several energy companies of climate...more
In what has been earmarked as the largest government enforcement PFAS action to date, California’s attorney general last month filed an historic lawsuit against more than a dozen per-and polyfluoroalkyl substance (PFAS)...more
The California Attorney General’s Office has turned its focus to PFAS, filing litigation that is likely to be one of the larger of the hundreds of PFAS-related lawsuits currently pending throughout the country. On November...more