Bar Exam Toolbox Podcast Episode 105: Listen and Learn -- Public and Private Nuisance
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
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
What do creative lawyering, Indiana politics and a brazen New York Legislature have in common? A long and storied history involving public nuisance claims against the gun industry. Originally published in Law360 -...more
The Superior Court of Delaware in a July 11th Opinion addressed issues arising out of a damage action filed by the State of Delaware (“State”) against a manufacturer of polychlorinated biphenyls (“PCBs”). See State of...more
A United States District Court (D. New Jersey) (‘Court”) addressed in an August 25th Opinion issues arising out of a class action that had been filed against Darling Ingredients, Inc. (“DII”) alleging that its Newark, New...more
United States District Court Judge Price Marshall of the Eastern District of Arkansas (Jonesboro Division) considered in an April 11th Order a Motion to Dismiss a Section 404 Clean Water Act citizen suit action. See case No....more
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