Anthony J. Nieman v. Nlo, Inc. And Nl Industries, Inc.

The panel majority has, inter alia, mandated that the plaintiff-appellant Anthony J. Nieman (“Nieman”) may have advanced a valid and timely cause of action for a continuing trespass upon real property under the Price-Anderson Act (42 U.S.C. § 2011 et seq.) as informed by Ohio law. I disagree with the panel majority’s resolution that the subatomic trespass allegedly committed by the defendants may have constituted a “continuing” trespass under Ohio law which was not precluded by limitations.1 Because Nie-maris third cause of action instead clearly alleged a permanent trespass claim which…