Monday, January 19, 2009

Findlaw Environmental Law Case Summaries January 19




• US v. Hagerman
• Birke v. Oakwood Worldwide
• Paduano v. Am. Honda Co., Inc.

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U.S. 7th Circuit Court of Appeals, January 15, 2009
US v. Hagerman, No. 07-3874
Conviction for making materially false statements in reports that defendant was required to file under the Clean Water Act is affirmed where: 1) evidence of uncharged offenses could not be feasibly separated out from evidence for the charged offenses; 2) the judge's language in a jury instruction was a correct interpretation of a permit, and the meaning of the permit presented an issue of law that the judge was entitled to determine; and 3) the judge did not abuse his discretion in imposing a prison sentence on defendant. Read more...

California Appellate Districts, January 12, 2009
Birke v. Oakwood Worldwide, No. b203093
In a nuisance case over an apartment complex's obligation to eliminate second hand smoke, grant of demurrer is affirmed in part, reversed in part and remanded where plaintiff properly pleaded a public nuisance complaint by alleging that: 1) defendant, by failing to act, created a condition that was harmful to health or obstructed the free use of the common areas of the apartment complex so as to interfere with the comfortable enjoyment of life or property; 2) the condition affected a substantial number of people at the same time; 3) an ordinary person would be reasonably annoyed or disturbed by the condition; 4) the seriousness of the harm outweighed the social utility of defendant's conduct; 5) neither plaintiff (a minor) nor her parents consented to the conduct; 6) plaintiff suffered harm that was different from the type of harm suffered by the general public because she was a resident of the complex unable to enjoy its outdoor facilities; and 7) defendant's conduct was a ! substantial factor in causing plaintiff's harm. Read more...

California Appellate Districts, January 12, 2009
Paduano v. Am. Honda Co., Inc., No. d050112
In a breach of warranty and deceptive advertising case over the fuel efficiency of a Honda Civic Hybrid, summary judgment for defendant was affirmed in part and reversed in part where: 1) genuine issues of material fact existed regarding whether advertisements indicating one can drive a Civic Hybrid in the same manner as a conventional vehicle and achieve the fuel economy stated in Honda's EPA estimates are deceptive and/or misleading; and 2) federal laws regarding EPA fuel economy estimates do not preempt plaintiffs' claims of deceptive and/or misleading advertising under Consumer Legal Remedies Act or under unfair competition law. Read more...

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