Environmental Nuisance Claims — It Helps To Have Experts

The old warning that "past performance is no guarantee of future results" apparently applies not only to investments but also to environmental nuisance suits in Tennessee.  In Freeman v. Blue Ridge Paper Products, a class of 300 residents living 26 miles downriver from a paper mill plant had obtained a $2 million jury verdict in state court on the ground that the paper mill had interfered with the use and enjoyment of their property from 1999 to 2005 by putting chemicals into the river that caused odors, foam, and discoloration of the water leading plaintiffs to suffer anxiety, stress, and fear.   Emboldened by that result, the plaintiff class brought a new action for the next period of time from 2005 to 2011.  That action was removed to federal court.  Notwithstanding the earlier state court verdict, the federal district court granted summary judgment dismissing the case on the ground that plaintiffs had failed to come forward with the required expert evidence of