Legal Opinion

Ruby Hiser v. XTO Energy, Inc.

Court of Appeals for the Eighth Circuit

Decided October 3, 2014No. 13-3443PublishedCited by 4 opinions

1Opinion of the Court

BENTON, Circuit Judge.

Ruby Hiser won a jury verdict against XTO Energy, Inc. XTO moved for a new trial, alleging that extraneous, prejudicial information was brought to the jury’s attention. The district court denied the motion and declined to subpoena the jury foreperson. XTO appeals. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

I

Hiser sued XTO, an oil-and-natural-gas producer, for damages caused by vibrations from drilling operations. The jury heard no evidence about hydraulic fracturing — a drilling method called “fracking.” During deliberations, the jury asked the…

2Cases cited13 opinions

  1. Marshall v. LonbergerSupreme Court of the United States · 1983
  2. Parker v. RandolphSupreme Court of the United States · 1979
  3. United States v. Tom Vig, United States of America v. Donovan VigCourt of Appeals for the Eighth Circuit · 1999
  4. United States v. Bruce Raymond SwintonCourt of Appeals for the Eighth Circuit · 1996
  5. Luther Artis, Cross-Appellant v. Hitachi Zosen Clearing, Incorporated, Cross-AppelleesCourt of Appeals for the Seventh Circuit · 1992

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3Cited by4 opinions

  1. Kirk Manuel v. MDOW Insurance CompanyCourt of Appeals for the Eighth Circuit · 2015
  2. United States v. Fred RobinsonCourt of Appeals for the Eighth Circuit · 2015
  3. Southland Metals, Inc. v. American Castings, LLCCourt of Appeals for the Eighth Circuit · 2015
  4. Stults v. International Flavors & Fragrances, Inc.District Court, N.D. Iowa · 2014

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