· 11/19/1998
National Telephone Cooperative Ass'n v. Exxon Corp.
Citations
- 38 F. Supp. 2d 1
- 1998 WL 966144
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the standard has “similar dimensions of nuisance law,” i.e. “requiring an actual showing of harm or interference with land”
- dismissing plaintiffs public nuisance claim when the only interference alleged by the plaintiff was diminution in market value of its property, which the court found to be an “insular claim ... [that] touches upon no right common to the general public”
- “[Liability for trespass does not depend on a defendant’s specific intent to invade unlawfully the property of another[.]” (emphasis added)
- “When USTs are buried beneath gasoline stations located in commercial settings, the overwhelming majority of courts have concluded that such conduct is not ‘abnormally dangerous.’”
Source: CourtListener parenthetical corpus (CC0).
Judges: Kollar-Kotelly
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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