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
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
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
It is often a worthy strategy for the lessee to be aggressive with counterclaims against the lessor. Lessees should think twice about that strategy if it means complaining about the lessor’s public statements. In Lona Hills...more
In the Village of Bayville, New York (“Bayville”), a landowner wished to enclose and protect private property and the private roadway for access thereon (“Lot 18”) against trespassers. The landowner sought to erect crash...more
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