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Fifth Circuit affirms ruling that Corps is liable for Katrina damage

Shook Hardy & Bacon LLP
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USA
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March 16 2012

The Fifth Circuit Court of Appeals has affirmed a district court ruling finding the U.S. Army Corps of Engineers (Corps) liable to several Louisiana property owners for its negligent work maintaining a shipping channel between New Orleans and the Gulf of Mexico, which purportedly caused billions of dollars in damage as the result of Hurricane Katrina in 2005

Texas Supreme Court rules groundwater rights are property rights

Shook Hardy & Bacon LLP
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USA
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March 9 2012

In a unanimous decision, the Texas Supreme Court has held that “land ownership includes an interest in groundwater in place that cannot be taken for public use without adequate compensation”

Federal court rules environmental group lacks standing to challenge Tahoe development plan

Shook Hardy & Bacon LLP
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USA
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February 3 2012

A federal court in California has ruled that an environmental group lacks standing to challenge a new development plan for South Lake Tahoe

Federal court dismisses malpractice lawsuit alleging law firm’s failure to complete environmental due diligence

Shook Hardy & Bacon LLP
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USA
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February 3 2012

A Louisiana federal court has dismissed a lawsuit against a law firm alleging malpractice, negligence and securities fraud for failing to ensure the completion of an environmental assessment on a proposed 324-acre residential development located on a World War II-era bombing range

Louisiana Supreme Court reverses class action certification for lack of commonality

Shook Hardy & Bacon LLP
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USA
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December 16 2011

Citing Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), the Louisiana Supreme Court has reversed the certification of a class action brought by property owners and others over the release of contaminants from a wood-treating site which allegedly exposed plaintiffs to creosote and pentachlorophenol

Louisiana Supreme Court applies “subsequent purchaser rule” to contaminated property deal

Shook Hardy & Bacon LLP
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USA
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November 11 2011

The Louisiana Supreme Court has ruled that the state’s “subsequent purchaser rule” bars the purchaser of real property later discovered to be contaminated from obtaining damages from a third party that contributed to the contamination, absent an assignment of that right in the sales contract

Seventh Circuit finds liability for breach of warranty cannot be indemnified

Shook Hardy & Bacon LLP
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USA
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October 14 2011

The Seventh Circuit Court of Appeals has ruled that a seller of real property cannot invoke noncontractual indemnity to shift the risk that was assumed in a purchase-and-sales contract

Texas Supreme Court rules wastewater injection well permit no defense to toxic tort claims

Shook Hardy & Bacon LLP
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USA
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September 16 2011

The Texas Supreme Court has ruled that a permit to operate a wastewater injection well does not shield the holder from civil tort liability for allegedly contaminating the property

Sixth Circuit rules putative class not entitled to medical monitoring in train derailment

Shook Hardy & Bacon LLP
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USA
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September 16 2011

The Sixth Circuit Court of Appeals has ruled that a putative class of residents of Painesville, Ohio, is not entitled to medical monitoring in a case involving a train carrying hazardous materials that derailed and burned

Seventh Circuit rules laches no bar to breach of contract for failure to remove contaminants

Shook Hardy & Bacon LLP
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USA
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September 16 2011

The Seventh Circuit Court of Appeals has ruled that a landowner who sold property to The Nature Conservancy but failed to remove contaminants as required by the sales contract cannot bar a breach of contract claim by asserting laches as a defense

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