Legal Opinion

Burkhead v. Louisville Gas & Electric Co.

District Court, W.D. Kentucky

Decided March 21, 2008No. Civil Action No. 3:06CV-282-HPublishedCited by 14 opinions

1Opinion of the Court

MEMORANDUM OPINION

JOHN G. HEYBURN, II, Chief Judge.

Plaintiffs are all residents of areas surrounding a power plant operated by Louisville Gas & Electric (“LG & E”), who have filed suit against Defendant seeking monetary and injunctive relief for damage allegedly resulting from fallout and noxious odors emitted by that facility. Specifically, Plaintiffs proceed under theories of nuisance, negligence and/or gross negligence, strict liability for ultrahazardous activities, and trespass.

Currently before the Court is Plaintiffs’ motion for class certification, which Defendant has opposed. The…

2Cases cited40 opinions

  1. Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
  2. General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
  3. Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
  4. Schlesinger v. Reservists Committee to Stop the WarSupreme Court of the United States · 1974
  5. East Texas Motor Freight System, Inc. v. RodriguezSupreme Court of the United States · 1977

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3Cited by14 opinions

  1. Jackson v. Unocal Corp.Supreme Court of Colorado · 2011
  2. Laurie Freeman, Sharon Mockmore, Beccy Boysel, Gary D. Boysel, Linda L. Goreham, Gary R. Goreham, Kelcey Brackett, and Bobbie Lynn Weatherman v. Grain Processing CorporationSupreme Court of Iowa · 2017
  3. Manning v. Liberty Tire Servs. of Ohio, LLCCourt of Appeals of Kentucky · 2019
  4. In re BieryUnited States Bankruptcy Court, E.D. Kentucky · 2015
  5. Powell v. ToshDistrict Court, W.D. Kentucky · 2012

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