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· 9/24/2007

Burlington Northern & Santa Fe Railway Co. v. Grant

Citations

  • 505 F.3d 1013
  • 37 Envtl. L. Rep. (Envtl. Law Inst.) 20258
  • 2007 U.S. App. LEXIS 22680

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • observing that continuing temporary nuisances \give[ ] rise over and over to new causes of action\ until they are abated (internal quotation marks and alteration omitted)
  • stating that a showing of serious endangerment “does not necessitate quantification of endangerment”
  • noting that a spoliation sanction may be proper where a “party has a duty to preserve evidence because it knew, or should have known, that litigation was imminent”
  • stating that a showing of serious endangerment “does not necessitate 8 quantification of endangerment”
  • refusing to address argument because party “failed to provide arguments or authorities in support of’ its position
  • permitting alternative pleading of unjust enrichment under Oklahoma law, so long as plaintiff does not obtain double recovery for the same injuries

Source: CourtListener parenthetical corpus (CC0).

Judges: Henry, Briscoe, Robinson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.