em>Waldburger v. CTS Corp. North Carolina landowners who discovered their well water has concentrated levels of carcinogens may sue defendant CTS Corporation in a nuisance action; the 4th Circuit says the discovery rule of the federal CERCLA statute preempts the 10-year limitation period under a North Carolina statute of repose.

Tagged with: nuisance

Babb v. Lee County Landfill SC, LLC Even though plaintiffs assert that defendants Republic Services of South Carolina, LLC and Republic Services, Inc. directly control the landfill, which is owned by defendant Lee County Landfill SC, LLC, plaintiffs have failed to show that direct liability exists in South Carolina for non-owning entities who nevertheless directly control a property.

Tagged with: Corporate LLC nuisance Punitive Damages Tort/Negligence

Hollis v. Stonington Development, LLC Based on defendant’s bullying tactics and regulation-violating conduct that damaged plaintiffs’ land in the amount of $400,000, we reduce the jury’s punitive damages award from $3.5 million to $2 million. Otherwise, we affirm the judgment for plaintiffs.

Tagged with: Environmental nuisance Punitive Damages Real Property Tort/Negligence

A Baltimore County jury has awarded more than $495 million in compensatory damages to residents who sued Exxon Mobil Corp. over a 2006 gasoline leak. At presstime, jurors were still deliberating how much to award plaintiffs in punitive damages. The jury found Exxon Mobil liable for fraud, negligence, nuisance, strict liability, trespass, diminution of property value, emotional distress and medical monitoring. The emotional distress claim included fear of cancer and other serious diseases and fear of loss of property value.

Tagged with: Emotional Distress Fraud Negligence nuisance