REAL CASES IN REAL ESTATE By Andrea Lee Negroni, Esq. BuckleySandler LLP alnegroni@buckleysandler.com Indiana Court Applies Common Law Warranty of Habitability to Manufactured Home Infested With Toxic Mold. An Indiana Appeals Court reviewed 35 years of the state's common law on the...
REAL CASES IN REAL ESTATE By Andrea Lee Negroni and Nakiya Whitaker BuckleySandler LLP alnegroni@buckleysandler.com Real Cases in Real Estate is a weekly update on real estate law, with legal principles illustrated and explained by lawsuits from around the country. The topics are wide-ranging...
Ohio's Twelfth District Court of Appeals issued an interesting opinion earlier this year that wove together issues of statutory interpretation, expert testimony, property rights and nuisance. The end result? If you have bullets flying off your property, you might be strictly liable for ...
By Daniel J. Herling and Leila N. Qutami In Redevelopment Agency of the City of Stockton v. BNSF Railway Company , 2011 U.S. App. LEXIS 13135 (June 28, 2011) 1 , the Ninth Circuit Court of Appeals addressed the liability of BNSF Railway Company and Union Pacific Railroad Company (the "Railroads"...
By Todd J. Janzen, Partner, Plews Shadley Racher & Braun LLP The Seventh Circuit Court of Appeals in Chicago, Illinois, has decided a nuisance suit in favor of a Randolph County hog farmer. The case, Dalzell v. Country View Family Farms, LLC , involved an appeal from the district court that held...