Split Appeals Panel Affirms Dismissal Of Nuisance Case Against Fracking Company

Mealey's (October 8, 2015, 1:44 PM EDT) -- SAN ANTONIO — A divided Texas appellate panel on Oct. 7 affirmed a trial court’s decision dismissing a couple’s lawsuit against a hydraulic fracturing company on grounds that their claims for private nuisance and negligence failed (Michael A. Cerny v. Marathon Oil Corporation, No. 04-14-00650, Texas App., 4th Dist., San Antonio).

(Opinion available. Document #94-151013-020Z.)


In 2010, Michael and Myra Cerny entered into a mineral rights lease with sued Marathon Oil Corp., Marathon Oil EF and Plains Exploration & Producing Co. (collectively, the Marathon entities)...
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