When a dog suddenly attacks and bites, an innocent interaction can turn into serious injuries. Beyond the immediate physical trauma, questions may arise about who is responsible and if your medical bills will be covered. With...more
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
It seems to be fairly well settled that you can’t use trespass-to-try-title to recover a nonpossessory royalty interest in Texas. What if you call the interest a “mineral interest stripped of every attribute except the right...more
The North Carolina Court of Appeals recently decided H/S New Bern, LLC v. First Berkshire Properties, LLC, which establishes important precedent regarding stormwater management obligations and trespass liability in...more
Often, climate change lawsuits allege claims under constitutional provisions, human rights laws, or environmental statutes and regulations. Lawsuits filed in separate countries by Energy Transfer ("ET") and Greenpeace...more
The Supreme Court may be about to accept an appeal with enormous potential to decide the airspace rights of drones in the United States, and nobody in the drone community seems to have noticed. Cases concerning drone flights...more
A landowner’s failure to provide consent for surface use related to oil and gas operations does not necessarily preclude the lessee from conducting activities if the lease agreements allow surface use....more
In Briggs v. Southwestern Energy Production Co. (Briggs II), the Middle District of Pennsylvania directed summary judgment to Southwestern Energy (SWN) and dismissed the plaintiffs' claims of trespass and conversion. The...more
James McEvoy (“McEvoy”) filed an April 2nd Complaint in the Circuit Court of Carroll County, Arkansas against Eureka Springs, Arkansas alleging damages due to a sanitary sewer overflow (“SSO”). See Case No. 08WCV-25-39....more
Case 1: Handston Investments Limited v Abri Group Limited - The court refused to grant an interim injunction to pause construction that would significantly interfere with a neighbour’s rights to light. Instead, the Court...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 Ohio Seventh District Court of Appeals recently delivered its opinion in Triad Hunter, LLC v. Eagle Natrium, LLC, affirming significant jury awards for Triad Hunter, a natural gas producer, in a dispute over brine cavern...more
Cedar Lake Estates, LLC, Robert Dunn, John Belden, and Jeff Evans (collectively, “Plaintiffs”) filed a November 8th Complaint against Leruss Holdings, LCC (“LH”) alleging damages. See Case No. 43CV-24-1070....more
Case 1: The Manchester Ship Canal Company Ltd v United Utilities Water Ltd - The United Utilities sewerage network has around 100 ‘outfalls’ from which material emanating from sewers, sewage treatment works and pumping...more
Larry and Barbara Ann Morris (“Morris”) filed a Complaint in the Pulaski County, Arkansas Circuit Court on August 22nd alleging groundwater contamination pertaining to fuel related to a North Little Rock, Arkansas retail...more
In litigation underlying Satcher v. Columbia County, 2024 WL 3802370 (Ga. Aug. 13, 2024), property owners sued the County related to damage caused by their privately-owned 48-inch pipe that had been used as part of the...more
Yesterday, the Court of Appeals of Virginia issued an important decision regarding two often troubling elements under Virginia law regarding proving a claim of adverse possession....more
A monumental victory for the Swinomish Indian Tribe was announced this spring when a judge in the Western District of Washington ordered BNSF Railway Company to pay nearly $400 million in profits damages to the Swinomish...more
The Supreme Court of Vermont (“Supreme Court”) in a May 24th opinion addressed issues stemming from a dairy farm’s installation of a drain tile system that discharged water into a streambed and lake allegedly affecting a...more
In United States v. Osage Wind LLC a federal court in Oklahoma awarded permanent injunctive relief against a developer in the form of ejectment of a wind turbine farm after finding a continuing trespass....more
In Long Lake Township v. Maxon, the Michigan Supreme Court had the opportunity to critically consider the extent to which property owners have an inherent right to prevent unwanted drone incursions into the airspace...more
Briggs v. Southwestern Energy Production Company, LLC is good news for Pennsylvania mineral owners bringing claims for subsurface trespass by fracking. In 2018 in “Briggs 1”, the Briggs family sued SWN for subsurface...more
The local news today informs us that one of our neighbors in and around Philadelphia was arrested after he may have followed up on an internet date by putting a tracking device in the car of his love interest. When the woman...more
Several states have made attempts to provide the animal production industry protection against unlawful interference by enacting so-called Ag-Gag laws. A wave of litigation is challenging these laws as unconstitutional,...more
Dogs are often called man’s best friend, but unfortunately, even the most beloved pets can sometimes cause harm. In New Jersey, like in many other states, there are laws in place to protect individuals who suffer injuries...more