Insights From Recent Rise In Nuisance And Trespass Cases
By Carlos RomoJuly 12, 2017, 1:04 PM EDT
Law360, New York (July 12, 2017, 1:04 PM EDT) -- Property owners are increasingly turning to common law nuisance and trespass claims for suits against neighboring industrial activities. Why has there been an upsurge in these cases? This article examines recent state and federal cases highlighting various legal issues associated with nuisance and trespass claims.
On the one hand, courts are expanding the types of claims that can be brought as nuisance and trespass. At the same time, they are making it harder for industry to defeat common law claims at the earliest stages of litigation....