· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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