Articles Posted in Entertainment & Sports Law

In 2007, Defendant accidentally released about 90,000 gallons of crude oil into floodwaters of a river in Coffeyville. In 2010, Plaintiffs filed an action in federal court alleging the oil spill damaged their pecan grove. Plaintiffs asserted a statutory right to recover damages under Kan. Stat. Ann. 65-6203. Defendant argued Plaintiffs' claim was barred by the two-year statute of limitations in Kan. Stat. Ann. 60-513(a)(4). Plaintiffs contended they timely filed their action under the three-year statute of limitations in Kan. Stat. Ann. 60-512(2). Specifically, Plaintiffs argued that section 65-6203 creates an "absolute" liability different in kind than the strict liability doctrine applied under Kansas common law, and therefore, the three-year limitation period applied. The federal district court certified two questions to the Kansas Supreme Court, which answered by holding (1) section 65-6203 imposes liability for an accidental release or discharge of materials detrimental to the quality of the waters or soil of the state that differs from the Kansas common-law strict liability standard; and (2) the three-year statute of limitations in section 60-512(2) applies to actions brought under section 65-6203. View "Eastman v. Coffeyville Res. Ref. & Mktg." on Justia Law