89 results for 'nos:"Torts to Land - Real Property"'.
J. Kobayashi remands to state court a case brought by families against their landlords, who evicted them from their homes after their water was contaminated by the U.S. Navy’s jet fuel leak. Despite the landlord’s relationship with the military under residential agreements, the landlords themselves are not military and therefore do not fall under federal jurisdiction. Bringing in the U.S. as a third-party defendant does not grant jurisdiction because “a defendant may not create subject-matter jurisdiction by filing a third-party complaint — that is not a voluntary act by plaintiff.”
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 10, 2024, Case #: 1:23cv585, NOS: Torts to Land - Real Property, Categories: Government, Landlord Tenant
J. Kobayashi remands to state court a case brought by families against their landlords, who evicted them from their homes after their water was contaminated by the U.S. Navy’s jet fuel leak. Despite the landlord’s relationship with the military under residential agreements, the landlords themselves are not military and therefore do not fall under federal jurisdiction. Bringing in the U.S. as a third-party defendant does not grant jurisdiction because “a defendant may not create subject-matter jurisdiction by filing a third-party complaint — that is not a voluntary act by plaintiff.”
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 10, 2024, Case #: 1:23cv587, NOS: Torts to Land - Real Property, Categories: Government, Landlord Tenant
J. Kobayashi remands to state court a case brought by families against their landlords that evicted them from their homes after their water was contaminated by the U.S. Navy’s jet fuel leak. Despite the landlord’s relationship with the military under residential agreements, the landlords themselves are not military and therefore do not fall under federal jurisdiction. Bringing in the U.S. as a third-party defendant does not grant jurisdiction because “a defendant may not create subject-matter jurisdiction by filing a third-party complaint — that is not a voluntary act by plaintiff.”
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 10, 2024, Case #: 1:23cv588, NOS: Torts to Land - Real Property, Categories: Environment, Government, Landlord Tenant
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J. Kobayashi remands to state court a case brought by families against their landlords, who evicted them from their homes after their water was contaminated by the U.S. Navy’s jet fuel leak. Despite the landlord’s relationship with the military under residential agreements, the landlords themselves are not military and therefore do not fall under federal jurisdiction. Bringing in the U.S. as a third-party defendant does not grant jurisdiction because “a defendant may not create subject-matter jurisdiction by filing a third-party complaint — that is not a voluntary act by plaintiff.”
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 10, 2024, Case #: 1:23cv584, NOS: Torts to Land - Real Property, Categories: Government, Landlord Tenant
J. Kobayashi remands to state court a case brought by families against their landlords, who evicted them from their homes after their water was contaminated by the U.S. Navy’s jet fuel leak. Despite the landlord’s relationship with the military under residential agreements, the landlords themselves are not military and therefore do not fall under federal jurisdiction. Bringing in the U.S. as a third-party defendant does not grant jurisdiction because “a defendant may not create subject-matter jurisdiction by filing a third-party complaint — that is not a voluntary act by plaintiff.”
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 10, 2024, Case #: 1:23cv583, NOS: Torts to Land - Real Property, Categories: Government, Landlord Tenant
J. Kobayashi remands to state court a case brought by families against their landlords, who evicted them from their homes after their water was contaminated by the U.S. Navy’s jet fuel leak. Despite the landlord’s relationship with the military under residential agreements, the landlords themselves are not military and therefore do not fall under federal jurisdiction. Bringing in the U.S. as a third-party defendant does not grant jurisdiction because “a defendant may not create subject-matter jurisdiction by filing a third-party complaint — that is not a voluntary act by plaintiff.”
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 10, 2024, Case #: 1:23cv586, NOS: Torts to Land - Real Property, Categories: Government, Landlord Tenant
J. Morgan denies a petition by operators of a parish landfill to dismiss its neighbors’ discovery requests for pollution concentration reports and documents on toxic chemicals for its environmental contamination suit. The documents requested by litigants constitute fact work product, which contain no “mental impressions, conclusions, opinions or legal theories of an attorney.” Litigants also have demonstrated need and exceptional circumstances that prevent them from obtaining the same information by other means.
Court: USDC Eastern District of Louisiana , Judge: Morgan, Filed On: April 8, 2024, Case #: 2:18cv7889, NOS: Torts to Land - Real Property, Categories: Civil Procedure, Environment, Discovery
[Consolidated.] J. Austin denies the landfill's motion to dismiss. The residents claim gross negligence and recklessness against the landfill after its acceptance of additional tonnage of waste resulted in the release of noxious odors, as well as the physical intrusion of trash, hazardous waste, soiled diapers and other solid waste onto the residents' properties. Allegations are sufficient to establish a plausible claim for relief.
Court: USDC South Carolina Aiken, Judge: Austin, Filed On: March 25, 2024, Case #: 8:23cv1417, NOS: Torts to Land - Real Property, Categories: Environment, Negligence
J. Marbley denies the oil and gas drilling company's motion to dismiss, ruling that because the declaratory judgment claim made by the property owner regarding the geologic nature of formations below the Utica shale layer would solve the majority of the parties' dispute, it will proceed.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: March 18, 2024, Case #: 2:22cv3943, NOS: Torts to Land - Real Property, Categories: Energy, Property, Conversion
J. Morgan grants a discovery request by suburban New Orleans area residents suing landfill operators for foul odors emitted from 2017 to 2019. The landfill owners are ordered to turn over documents they had declared protected from disclosure by the attorney work product doctrine. Following a private review of the requested records, 22 withheld invoices and certain documents contain no “mental impressions, conclusions, opinions or legal theories of an attorney.”
Court: USDC Eastern District of Louisiana , Judge: Morgan, Filed On: March 6, 2024, Case #: 2:18cv7889, NOS: Torts to Land - Real Property, Categories: Civil Procedure, Environment, Discovery
J. Vascura denies the uninterruptable power supply manufacturer's partial motion to dismiss, ruling that limiting language in its contract with the industrial plant allows the plant's insurance company to plead both contract and fraud claims. The damages limitation clause would not provide nearly enough to compensate the plant for damage from the explosion, and punitive or secondary damages from a fraud claim would be necessary.
Court: USDC Southern District of Ohio, Judge: Vascura, Filed On: March 5, 2024, Case #: 2:23cv1398, NOS: Torts to Land - Real Property, Categories: Fraud, Insurance, Contract
J. Winmill grants in part the government's motion for remedies in a property dispute. The government alleges that a couple formed a camping and vacation rental company and put tents, a boat house, a boat ramp, a dock, a gazebo and fencing on government land without permission. The company has not responded to the government's letters asking them to remove the encroachments. The couple and their company were found liable for all claims. The government's request of an order requiring the company to vacate the government's property is granted, but "an injunction requiring the defendants to remove the encroachments within a 30-day period would be oppressive." The company is enjoined from "from trespassing on the subject property, constructing or maintaining encroachments on the subject property, and renting or listing for rent the subject property."
Court: USDC Idaho, Judge: Winmill, Filed On: March 4, 2024, Case #: 2:22cv439, NOS: Torts to Land - Real Property, Categories: Real Estate, Tort, Injunction
J. Parker grants, in part, the city's motion for summary judgment, ruling the lessees of the basement condo units became aware of flood damage caused by the remodeling of an adjacent parking lot in July 2020 at the latest and that their takings claims did not require structural damage to the building to accrue. Therefore, their takings claims are barred by the two-year statute of limitations. Although flooding has continued on an intermittent basis since the remodeling, the continuing violation doctrine is inapplicable because all of the flooding was caused by a single, discrete event - the construction work at the parking lot - and so the statute of limitations clock was not tolled at any point.
Court: USDC Northern District of Ohio, Judge: Parker, Filed On: February 15, 2024, Case #: 1:22cv1007, NOS: Torts to Land - Real Property, Categories: Civil Procedure, Government, Property
J. Van Tatenhove finds in favor of the property owners regarding the jurisdiction of a property damages case. No parties were improperly added to the case, and because there is a reasonable question regarding the amount of damages, the state court is the proper venue for the case.
Court: USDC Eastern District of Kentucky, Judge: Van Tatenhove, Filed On: February 8, 2024, Case #: 5:23cv247, NOS: Torts to Land - Real Property, Categories: Damages, Negligence, Jurisdiction
J. Barnes recommends refusing to find for an electricity generator on a county’s claims arising from the Slater Fire, which was caused when a tree fell into the generator’s powerlines and resulted in multiple injuries and deaths. The county has sufficiently alleged the generator knew there was an extreme fire risk but did not deenergize its powerlines, despite acknowledging in a wildfire mitigation plan that deenergization was key to preventing wildfires.
Court: USDC Eastern District of California, Judge: Barnes, Filed On: February 6, 2024, Case #: 2:22cv1582, NOS: Torts to Land - Real Property, Categories: Energy, Indemnification
J. Lange dismisses a matter without prejudice in which a company alleged a property developer violated the Clean Water Act of 1972 through their construction and design of a surface water runoff plan. The company failed to state a claim upon which relief may be granted. In a hearing on the motion, argument largely centered on whether dismissal of the complaint should be with or without prejudice.
Court: USDC South Dakota, Judge: Lange, Filed On: February 6, 2024, Case #: 5:23cv5016, NOS: Torts to Land - Real Property, Categories: Water
J. Morgan grants a request by parish residents, ordering operators of a landfill to produce hundreds of documents without redactions for their suit alleging the dump fouled the air in their area from 2017 to 2019. Lawyers for the landfill argued with limited success that they properly withheld the records under attorney-client privilege doctrines. The requested records pertained to work the landfill operators performed during the ordinary course of business, rather than in anticipation of litigation, as attorneys for the dump unsuccessfully argued.
Court: USDC Eastern District of Louisiana , Judge: Morgan, Filed On: January 23, 2024, Case #: 2:18cv7889, NOS: Torts to Land - Real Property, Categories: Communications, Environment, Government
J. Rubin grants Baltimore’s motion to remand this case back to the circuit court of Baltimore City. The city claims that tobacco company Philip Morris’s cigarette filters are made of a non-biodegradable substance, cellulose acetate, that is toxic to plants and animals, and whose littered filters pollute the water and soil. The tobacco company opposes the motion to remand and had this case moved from circuit court stating the district court has supplemental jurisdiction and federal question over the claims. The company failed to demonstrate that the court has federal question jurisdiction, which is necessary for removal to federal court.
Court: USDC Maryland, Judge: Rubin, Filed On: January 22, 2024, Case #: 1:23cv303, NOS: Torts to Land - Real Property, Categories: Government, Tort, Jurisdiction
J. Shubb denies, in part, a county’s motion to dismiss an individual’s constitutional claims in a permitting dispute. He has adequately pleaded his equal protection claim.
Court: USDC Eastern District of California, Judge: Shubb, Filed On: January 10, 2024, Case #: 2:23cv535, NOS: Torts to Land - Real Property, Categories: Licensing, Property, Equal Protection
J. Conley finds for the federal government in a lawsuit from property owners claiming that trees on their property have been damaged by road salt running off from a neighboring VA medical center. The property owners have failed to bring sufficient evidence to support their takings and private nuisance claims such that a reasonable jury could determine the VA center's salt storage is responsible for the damage to their trees, so the government's motion for summary judgment is granted.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: December 29, 2023, Case #: 3:22cv395, NOS: Torts to Land - Real Property, Categories: Constitution, Property, Tort