BIFURCATION: Liability and damages as to lake dam operation properly considered by separate juries… supervisory control of Curtis denied… order. [Read more…]
Class action, dam shore damage
CLASS ACTION: All criteria satisfied for certification of property owners claiming shore damage from Kerr Dam operation… Curtis reversed. [Read more…]
Dam flood easements, class cert hearing guidelines
DAM FLOOD EASEMENTS not necessarily barrier to lakeshore owners’ damage claims… owners’ “contour line” theory properly rejected, “erosion,” “unreasonable damage” theories improperly rejected on summary judgment… co-defendant’s request for hearing on class [Read more…]