Hagy, et al. v. Equitable Production Co., et al., No. 2:10-cv-01372, 2011 U.S. Dist. LEXIS 80413 (S.D. W.V. Jul. 22, 2011)

(plaintiffs alleged defendants contaminated well water supply and caused illness from exposure to hazardous chemicals during course of drilling and operating natural gas wells; court held plaintiffs’ complaint contained sufficient factual matter to state plausible claim for relief based on existence of legal duty; court allowed plaintiffs claims of private nuisance because there were disputed issues of material fact of whether non-landowner plaintiffs’ privilege to use and enjoyment of land was affected).