Powell, et al. v. Tosh, NO. 5:09-CV-00121, 2013 U.S. Dist. LEXIS 32231 (W.D. Ky. Mar. 8, 2013)

(plaintiffs are a class of neighbors living within 1.25 miles of defendant’s 500,000-head swine operation that raises swine from juveniles to market-ready adults; plaintiffs complain of smell associated with defendant’s operation that created alleged emotional and physical injuries, declining property values and water contamination; defendant operated pursuant to state permits that plaintiffs failed to successfully challenge before bringing nuisance, trespass and negligence claims; class certified on common questions of whether defendant created a temporary and/or permanent nuisance, committed a trespass, breached a duty toward their neighbors and whether defendant’s conduct amounted to a nuisance per se; case originally filed in state court, but removed to federal court under Class Action Fairness Act; court later denied multiple motions to intervene filed by multiple insurance companies because motions not timely filed; present action involved various motions to exclude opinions and testimony of several expert witnesses). 

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