6th Circ. Won’t Rehear Ruling On ‘Whiskey Fungus’ Suit

Law360, New York (December 7, 2015, 7:19 PM EST) -- The Sixth Circuit on Monday denied a request for rehearing lodged by a Kentucky whiskey distiller over a ruling allowing a proposed class action against it to proceed, in a suit alleging that vapor from distilleries caused a black fungus to grow on nearby outdoor surfaces.

J&B and Johnnie Walker whiskey-maker Diageo Americas Supply Inc. filed an interlocutory appeal with the Sixth Circuit after the district court decided not to dismiss common law nuisance and trespass claims against it by residents living near the distilleries. Last month a panel rejected Diageo’s argument that the claims conflict with the Clean Air Act’s...

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Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only

Court

Appellate - 6th Circuit

Nature of Suit

4290 Real Property: Other

Date Filed

October 1, 2014

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