May It Please The Court: Weblog of legal news and observations, including a quote of the day and daily updates

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Quote of the Day - The comfortable estate of widowhood is the only hope that keeps up a wife's spirits. - John Gay
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Widow Wins, Loses Environmental Case

Here's an excellent legal treatise on environmental law, including that ever-elusive statute of limitations on the timeliness of environmental claims.

Parker v. Scrap Metal Processors, Inc..

Seems that Mrs. Parker lived next to a junkyard. And what a junkyard it was. It caused a significant amount of contamination on Mrs. Parker's property, including PCBs and the like. But, she didn't live there all the time even though she owned the property.

Foreshadowing. See, Georgia nuisance law requires full-time occupancy.

The 11th Circuit Court of Appeals interpreted that to mean that Mrs. Parker couldn't recover the $1.5 million the jury wanted to award to her.

This ruling is contrary to the plaintiff is a widow theory of the law, which generally holds, of course, that widows don't lose court cases.

Well, Mrs. Parker did win here, and the Court didn't reverse her entire win, just the damages portion. The Court said she couldn't recover damages for the time that she didn't live there (from 1998 on). But she still will recover something.

We'll just have to wait a little longer to determine how much. Mrs. Parker will be back, you can rest assured.

The Court awarded her attorneys fees.

Printer friendly page Permalink Email to a friend Posted by J. Craig Williams on Sunday, October 03, 2004 at 12:41 Comments Closed (0) |
 
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